Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?
One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More 
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answered on Apr 13, 2024
The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent
have been probated and the estate was solvent.
If one of the heirs... View More
She's taken her phone, iPad and other devices. I cook my mom food, feed her, give her her medicine, change her, take her to the bathroom, take her to all her appointments. And I use my mom's car(which she gave me me) to take her to her many appointments. And prior to my sister taking all... View More
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answered on Apr 8, 2024
This is a terrible situation, and it saddens me whenever I hear of circumstances like this. You can and should report your sister's behavior to Adult Protective Services. You might also think about filing a police report for theft with respect to any funds or things your sister has stolen... View More
She won’t reply to any emails or messages. I want to enter the property with my key and look at assets and paperwork. Can I enter the house legally. Can the police make me leave?
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answered on Apr 6, 2024
Your question cannot be answered in full for lack of complete information. My guess is that you might still be in the administrative stage of post-death trust administration. As co-trustees, each of you owes a duty to estate, creditors and beneficiaries to manage the trust assets for their benefit,... View More
I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More
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answered on Apr 3, 2024
It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!
Keep making the checks payable... View More
upon my death use all the various funds to pay my heirs without her paying gift taxes. Thank you for your time and attention.
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answered on Mar 30, 2024
You are better off not naming any beneficiaries for any of your accounts and allow the executor of your will, after court appointment, to collect them and distribute them according to the provisions of your will. The problem with your proposed strategy is the person you meant to be your executor... View More
My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More
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answered on Mar 21, 2024
You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
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answered on Mar 21, 2024
If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More
I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More
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answered on Mar 20, 2024
Your question cannot be answered without additional information about your relationship to the borrower.
Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.
Are you a buyer purchasing... View More
I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More
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answered on Mar 20, 2024
Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.
You may... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More
I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.
Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More
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answered on Mar 7, 2024
In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.
I own a fully paid house in Rockville MD. I want to sell it to my mom but also have her put it into a trust with me as the beneficiary. Can I transfer the deed directly into her trust, or does the title first need to be transferred to my mom before she can transfer it into her trust?
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answered on Feb 25, 2024
Yes, your mother’s trust can be the buyer, and you can be the seller, with a deed to match. This makes perfect sense if it truly is an arm’s-length transaction.
However, if what you are actually doing is gifting the house to her, then you should not do that without talking to an... View More
I read that this is possible and would like to know how to do it.
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answered on Feb 21, 2024
The car is easy. Just transfer the title to your child, but only do this if your child is capable of managing a car. If he/she is not, then see an estate planning attorney about other options.
The IRA is not so easy. If you cash out the IRA and retitle it to your child, that will be a... View More
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answered on Feb 20, 2024
Trust amendments usually have immediate effect. More likely than not there is a misunderstanding regarding what you were told.
Ultimately the only way an attorney can give you actual, personalized advice on this issue would be to review the trust and the amendment and discuss with you... View More
My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
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answered on Feb 20, 2024
There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.
But you can contact an attorney in your area yourself... View More
His will splits his estate 50-50 between my sister and myself. I have financial POA.
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answered on Feb 9, 2024
A will absolutely does not avoid probate. Rather, it guarantees probate. Avoidance of probate requires a different technique such as a trust or a transfer on death designation/document. An estate planning attorney can help you choose the best probate-avoidance technique for you.
It's her and her oldest kids that think everything is theirs
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answered on Jan 28, 2024
If you are now a co-owner you do have the right to live in the house. If you cannot cohabit with your sister peacefully then you have the right to petition a court to force the sale of the house and split the proceeds. That threat might be enough to convince her to buy you out because litigation... View More
I am the executor of an estate. A beneficiary of a home (due to a person being deceased) has been granted status as successor of interest. The payments have been kept up via automatic payments under the deceased persons account. If with these circumstances, can the loan be called DUE NOW if he... View More
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answered on Jan 23, 2024
A home mortgage lender may NOT call a loan due on account of the death of the borrower if the lender has been informed that the property will be inherited by a relative. Your facts did not say whether or not this is case, but that fact is highly relevant. If a relative is the... View More
Or is a lawyer or notary needed? How many witnesses are needed?
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answered on Jan 18, 2024
Two witnesses are required by law. Notarized self-proving affidavits help get the will admitted to court so that the witnesses do not have to be found to testify later.
There is no law that requires you to engage an attorney to prepare a will, but doing do is a really good idea. Really... View More
I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More
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answered on Jan 14, 2024
Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More
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