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

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.

The short answer is no, if she had no assets in her name.

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.

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

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

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

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

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 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.

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

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

Please see my answer on your January 6, 2021 posted question which is the same as this question.

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

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.

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

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

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

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

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.