My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary
answered on Jun 13, 2020
Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.
If you want answers and explanations about... View More
Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still... View More
answered on Apr 7, 2020
You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.
siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...
answered on Apr 7, 2020
You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?
I would recommend that you call and speak to a probate... View More
I want to lower my tax interest and still remain in control of monies. Can this be done by just putting CD in their SS#?
answered on Mar 2, 2020
Take a look at opening 529 accounts for them for education purposes or a regular old Uniform Gift to Minors Act (UGMA) accounts at a bank or brokerage. More information here:
https://www.cumberlandlegacylaw.com/how-to-gift-money-to-children-using-utma-or-ugma-accounts
The State is South Carolina
answered on Mar 1, 2020
In a word, yes, that is his prerogative. Inheritance is not an entitlement.
Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.
My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... View More
answered on Feb 21, 2020
This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... View More
The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.
answered on Feb 19, 2020
Hire a probate attorney in your area to help you petition the court to remove your sister as executor and appoint you (or someone else that you trust) as executor.
He took everything of hers she had no will and nothing was probate now he has passed and he had no will his son is now taking my mom's stuff
answered on Feb 6, 2020
You need to hire an attorney to help you probate your mother’s estate. Once the court appoints an executor, the executor can make a claim against the boyfriend’s estate to get your mother’s property back.
answered on Jan 12, 2020
A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.
Can a lien be put on an irrevocable trust?
answered on Jan 10, 2020
A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.
When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust... View More
Also can a lien be placed on a piece of property which is owned by an irrevocable trust?
answered on Jan 10, 2020
A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a... View More
The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.
answered on Jan 6, 2020
Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.
She got his truck and gave his trailer to our aunt ..
answered on Dec 14, 2019
You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.
he already transfer title my dad said he was leaving to my son
answered on Dec 12, 2019
If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.
In rare cases, such as a sale of a car on... View More
There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.
answered on Nov 19, 2019
If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.
My 3 boys and my Nephew are the beneficiaries of my grandparents trust. The trustee is now trying to make us pay rent for my 3 boys to continue to live in the home that we have lived in for 2 years. My mom was living here before her time in a nursing home and her death in August she was the... View More
answered on Nov 12, 2019
The answer is maybe. It depends on how the trust is worded. There are too many facts missing from the scenario you described. Take the trust to a local trust administration attorney for evaluation.
agreement to sell before putting the house on the market?
answered on Nov 9, 2019
The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.
His wife didn't contact me when he became ill. I came across his obituary online. She ran it in the local paper
the day of his funeral. It was listed as private. Thats how i found out he died. I went to probate and got a copy of his will
It was dated in 1999, it is not his... View More
answered on Sep 27, 2019
You need to QUICKLY hire a will contest attorney to represent your interests in the probate. Do not delay. There are very tight deadlines. If you wait too long you will lose all rights to contest the will.
He has never been married. My brother and I were not raised together we have different mothers. He is 11 years older than me. Alot of my father family don't know me. My brother was the only child mentioned in the obituary. Can I claim any of his estate?
answered on Sep 25, 2019
The answer to your question depends a lot on whether or not your father had a will and, if he did, what is says. If he did not have a will then, yes, you can claim part of his estate, but you can't wait forever to do it. Hire a probate attorney in the area where your father had lived to see... View More
answered on Sep 22, 2019
It depends on how it is written. You should ask the attorney who drafted it for you or have it reviewed by an estate planning attorney.
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