answered on Jun 9, 2021
So sorry to hear about this tragic event. When a person dies without a will then the laws of intestate succession apply. If he was domiciled in Washington at his death then the laws of that state will control. Normally, the wife gets a certain percentage of the estate and the children get the... View More 
of my estate? I have completed a FL Revocable Living Trust, a Durable Power of Attorney for Health Care, a FL Durable Power of Attorney appointing my brother as trustee. Brother is on all bank accounts. My house is in a Revocable Living Trust. Just don't want to burden my out-of-state brother.
answered on Jun 9, 2021
Mr Gunthert offers sound advice. If you have trust in your brother, that should be the major and overriding consideration as to who should serve. You really do not know who to trust these days so your brother sounds like a great choice.
answered on Jun 5, 2021
Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.
My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before... View More
answered on Jun 5, 2021
This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills,... View More
answered on Jun 5, 2021
Without knowing the specific facts it is hard to tell what is going on here. For example, if your dad had transferred the real estate to her during his lifetime, then she is within her rights to sell the property as she is the rightful owner. You could check with the Recorder of Deeds in the... View More
answered on Jun 5, 2021
You can reach out to the lender to negotiate a settlement. Explain the circumstances and let them know the estate cannot pay the obligation. Try to enter into an agreement to pay as little as possible. Any settlement should be put into an agreement that is signed by the parties. Do not pay... View More
Woman passed away, leaving an UN-NOTARIZED will to her 3 sons - naming 2 of the 3 executors. There is a house to sell. What needs to be done to sell the house? Can the two executors sell it?
answered on Feb 6, 2021
The first step is to probate the will at the Register of Wills in the county where the decedent lived at the time of death. Once letters testamentary and short certificates are obtained, then the executors have the authority to sell the house.
Right now there are special procedures that... View More
I inherited a house in Maryland. The estate is in probate and I'm the executor and sole heir (I will be filling for modified administration). As I understand it, the house can be sold either by the estate or deeded to me first before the sale. For both options, when exactly in the probate... View More
answered on Feb 6, 2021
Attorney Oakley offers sound advice regarding the estate administration process. From a tax perspective, you want to value the real estate at its true value at the date of death. You will have this as your basis for purposes of selling the property. This is the so-called " step up" in... View More
My father in law died in Oct. He owned a home had a life insurance policy and a union pension. He had no will in PA. We are having trouble getting information about the policy, deed for the home, actually ever thing we try is an issue we only have a death certificate. Need probate I believe but not... View More
answered on Feb 6, 2021
My fellow attorneys here offer sound advice. The only point to add is that due to Covid -19 many of the Register of Wills offices have either special or emergency procedures for getting an estate probated. You should probably retain an estates attorney to assist you.
My son died before he got the trust & the trustee wants the money to be given to the other surviving grandchild. The father wants 1/2 the trust money as a surviving heir. I ( the mother) want it given to the other & only grandchild
answered on Feb 12, 2021
Fellow attorney Cherewka offers sound advice. Understand that a trust's terms and provisions are what the trustee must follow. If the trust terms and provisions require the payment to the surviving grandchild, that is what the trustee must do. He has no discretion to do anything else and if... View More
Also, the intention is to split with her brother. How should this be done such that his tax implications are separate from ours? Bank and brother are in NY, we are in PA.
answered on Jan 31, 2021
Please see my January 14, answer to this identical question.
Also, the intention is to split with her brother. How should this be done such that his tax implications are separate from ours? Bank and brother are in NY, we are in PA.
answered on Jan 31, 2021
It is unclear if the father is a PA or New York resident. If we assume the father was a PA resident at his death, then the joint bank account will be taxed by PA at 50% of its value on the date of death and at 4.5%. This assumes that the account existed as a joint account for more than one year... View More
I am a joint owner on my mothers checking account. After her death the credit union automatically transferred all of the money from the checking account to pay off her credit card (also from credit union). I now have no way to pay for her funeral. I was under the assumption that creditors would... View More
answered on Jan 31, 2021
Please see my answer on your January 6, 2021 posted question which is the same as this question.
What was left for me can I get it back or is it too late to do anything
answered on Jan 31, 2021
Attorney Cherewka offers sound advice. You really need to get on top of this issue immediately. If there was fraud, the longer you wait the less chance you have of recovering stolen assets. You should seek out an orphans court litigation attorney if you suspect fraud, or misappropriation of... View More
We are in Colorado - but federal law might determine the answer to this question. There is an 93-year old mother of recently deceased son (no children) who is not the named beneficiary of two of her son's ERISA plans. Rather the nasty ex-wife 15 years removed still is the beneficiary named... View More
answered on Jan 24, 2021
I am not a Colorado attorney and you ultimately must get with a Colorado estates/tax attorney to get a definitive answer. I can only tell you that in PA this surviving spouse would NOT be allowed to take as beneficiary since she is divorced from the deceased husband.
I am listed as executor of the estate on the copy of the will they gave my mother gave me but have not filed for probate yet. Am I able to go and take care of the house and keep the bills up to date or do I have to wait for probate to start?
answered on Jan 24, 2021
The short answer is that you must probate the will so that you are officially designated as the executor/executrix of the estate. For example, in PA the will needs to be presented to the Register of Wills along with other required documentation including a Petition for Grant of Letters... View More
I am joint owner of the bank account and will be the estate executor and now have no money to pay for funeral.
Edit: The Joint checking account and credit card are both with the credit union. I am not a cosigner on credit card. My mother passed away last week and upon notification of her... View More
answered on Jan 31, 2021
You really need to find out the terms of the bank agreement. If it is spelled out in the credit union's fine print, it then may be legal to do so. Get them to provide you the contractual provision where it justifies this action. Once you have the definitive legal authority for their actions,... View More
Have discovered assets in excess of$50k that I assume sister with POA has kept. Mother passed Oct. 4, 2019. Her home was supposedly transferred on death to sister by other POA (mother's deceased husband), after removing mother's name from deed, yet home is still in his name. Can't... View More
answered on Nov 24, 2020
Sadly, when a POA does not honor her fiduciary duties, legal action must be brought to rectify the wrongdoings committed. Estate litigation is very expensive so the retainer fee does not sound out of line. You may want to shop for a lower retainer arrangement, but remember the final fee is based... View More
sister [mom caregiver] to have the house.
answered on Nov 24, 2020
This can be done. It just depends on the best way to do this and what Florida state law requires. The estate could transfer the property to her for nominal consideration to your sister. This would be an indirect gift from the two of you to her, since the estate would not be selling it for its true... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
