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Questions Answered by Steven J. Fromm
1 Answer | Asked in Probate for Indiana on
Q: Can adult child of deceased open probate for estate with no will and recently discovered assets that just disappeared?

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 »

Steven J. Fromm
Steven J. Fromm 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... Read more »

1 Answer | Asked in Probate on
Q: mother's will states that her house to be sold and proceeds divided between her three children. we would like our older

sister [mom caregiver] to have the house.

Steven J. Fromm
Steven J. Fromm 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... Read more »

1 Answer | Asked in Divorce, Estate Planning and Probate for Indiana on
Q: Dissolution of marriage was finalized 1 mo. before ex died. Document stated 2 vehicles were to be sold & profits split.

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?

Steven J. Fromm
Steven J. Fromm answered on Nov 21, 2020

If you have a signed property settlement agreement that would be controlling. Ultimately, the proceeds of both sales are split between the wife and the ex-husband's estate.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Do I need a lawyer to execute a will?

I'm executor of my father's will, he has no belongings to speak of as he is in assisted living, and has a couple of bank accounts, he is in failing health with Alzheimer's

Thank you

Steven J. Fromm
Steven J. Fromm answered on Nov 21, 2020

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.

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1 Answer | Asked in Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

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.

2 Answers | Asked in Probate for North Carolina on
Q: In NC..is the administer of estate. Appointed by court reasonable for maintaining utilities during probate

Responsible for upkeep and utilities being on

Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

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.

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1 Answer | Asked in Probate for Wisconsin on
Q: My daughter's father left her some money we spent it before her 18th birthday. Now what is probate court going to do.

I am suppose to show proof that the money is in a account but my daughter and I spent the money..Now probate court keeps calling me and I don't know what to do

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Probate for North Dakota on
Q: My grandmother passed away. Looking over her will with my uncles, she had stated that I receive $25,000. Never got it?

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 »

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Probate for Iowa on
Q: how can I find out if someone had a will

My sons sperm donor passed away 2 months ago and I have been told by several people he left his things to our son. The brother will have nothing to do with my son or I and there are no other children

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Probate for Texas on
Q: How long can my sister , the executor stall selling the house ,occupied by my brother with no rental agreement ?

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 »

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Estate Planning for Louisiana on
Q: My father has been deemed as incompetent, before he got ill. He mentioned he left everything to my half sister.

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 »

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Consumer Law and Estate Planning on
Q: If both lien holders of an estate pass away and the new wife is the beneficiary but it still has morgage is it paid for?
Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

1 Answer | Asked in Tax Law for Indiana on
Q: How can we go about finding a tax attorney that can help with personal business property tax overpayment not refunded?

We tried to recover by filing an amendment, however the county claims the dealine had passed.

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

3 Answers | Asked in Estate Planning for Texas on
Q: If i am legally still married and he died. Then shouldn't his estate go to his spouse ?

His brother said he was left everything. Shouldn't i have more rights than him ?

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

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 »

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1 Answer | Asked in Tax Law for Georgia on
Q: Do I have to pay federal or state tax on vaccine injury compensation? I was awarded some money in settlement from HHS.
Steven J. Fromm
Steven J. Fromm answered on Nov 18, 2020

Payments for personal injury are not taxable income. You must have a tax attorney look closely at the wording of the award to see if it meets this definition and case law on this particular recovery.

2 Answers | Asked in Tax Law for Florida on
Q: Is the credit card payment to adult cam website (e.g. chaturbate uses tokens for dollar) taxable?
Steven J. Fromm
Steven J. Fromm answered on Nov 18, 2020

Under the tax rules, income is from whatever source derived. If you have received income, regardless of the form received, it is taxable income.

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1 Answer | Asked in Estate Planning, Banking and Probate for Illinois on
Q: RE: illinois unclaimed property of my deceased 2012 mother.

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 »

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

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 »

3 Answers | Asked in Probate for Arizona on
Q: Both my sister and I are joint executors on my dad’s estate. My sister is asking me to re-move/RE-enunciate myself?

My sister lives in Colorado & I live in Arizona...What would be the purpose in removing myself as executor?

Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

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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1 Answer | Asked in Tax Law for Arkansas on
Q: Does Life Ins Co. that I didn't take my payment on for 3 yrs from a claim on my mother's death owe me the interest?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

Yes indeed they do. Normally, life insurance companies pay interest with the proceeds of insurance from the date of death until they issue the check.

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