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... Read more »
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...Read more »
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...Read more »
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
The real issue is whether he has periods of lucidity where he has legal capacity to sign a will. This can be a real problem. You need to retain an estates lawyer who can determine whether your father has legal capacity to sign a will under his specific circumstances.
Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.
If the real estate is part of the probate estate, then the administrator must maintain, protect and preserve the property. So the administrator should pay any and all expenses related to the upkeep of the property during the estate administration.
You need to immediately retain an estates attorney to discuss your obligations to account for this money. Your exposure here may depend on how you spent the money. For example, if you spent the money for your daughter's health, education, support, etc. then you may not have a problem. But a...Read more »
My grandmother passed away in 2014. Before her passing, my uncles and I had seen her will. In it, she stated that all living grandchildren receive $25,000.00. I remember my uncle was upset cause all he was gonna get(which is sad) was the keepsakes. Like grandpa's violin and security safes. I... Read more »
You are very late in raising these issues. There are statutes of limitation rules that require parties to timely object to an estate administration. You should talk to an estates lawyer in the county where your grandmother died to go over all the details to see if something can be now. Also, if...Read more »
If he had a will it would be probated at the register of wills office in the county where he died. Probating a will is a matter of public record and you can get information by calling them (although the pandemic has made this harder). After you get this information, you may need to retain an...Read more »
The will states the assets/property be sold and divided 4 ways but no timeline to sell the house is specified. Also after 8 months she (The executor) still has not protected ( Insured ) the asset and unilaterally decided to pay monthly utilities and car insurance from estate monies without others... Read more »
Eight months is not a long time for an estate administration, but not protecting assets of an estate is a breach of fiduciary duty. Such a breach may be grounds for immediate removal as executrix. You should immediately retain estate counsel to discuss your options and to consider an immediate...Read more »
The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you...Read more »
However, she's not able to take on decisions and handle finances. So she let her sister (which is his step daughter)take over it all. My father has 3 biological kids by his first wife. Both wife's are deceased. As his biological kids. Do we have any rights or say so regarding our father.... Read more »
Your facts are not clear. If his sister had a durable power of attorney (DPOA), that gave her the power to act for your dad. However, if she is no longer able to serve, the successor named to her in the DPOA would than act. She does not have the power to delegate her power to someone else....Read more »
Not sure I fully understand the facts. If you are saying there are liens on property, but the lien holders have died, these deaths do not remove the debts. The estates of the lien holders would now be the proper lien holders. Any mortgage on the real estate is an obligation that stays with the...Read more »
Generally, time deadlines for tax assessment appeals are hard deadlines. So if you have missed this deadline you probably cannot contest an assessment for that closed year. However, you could contest for the next year. Finally, I am not a Indiana attorney, so to be sure of your rights to contest...Read more »
In most states, surviving spouses cannot be totally written out their spouses wills. For example, surviving spouses in PA have a right to claim a certain percentage of a spouses estate, even if the will provides for nothing. You would be well served to talk with a Texas estate planning attorney...Read more »
My mother's name is on the Illinois unclaimed property list, by my neglect and procrastination. Must I go through the State of Illinois/Cook County, where she resided and died, to claim this property? I would prefer to go back to the sources (Chase checking account on which I am joint holder;... Read more »
In most states once assets are escheated (turned over) to the state, that is your exclusive way to recover those assets. You must go to the state as the holders of these assets have turned them over to the state. If your state is anything like PA, this process is very detailed, complex and time...Read more »
Sometimes it is just easier to do the estate administration with one executor/rix. However, you should not give up control if you have any concerns about her fidelity, honesty and integrity. In such case you should not under any circumstance renounce your right to serve as a co-executor....Read more »
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