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.

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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View More

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.

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

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... View 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.... View More

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.

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

This seems strange. In a business context and where services are involved, it seems unlikely that any payment can be considered a gift. This sounds like taxable income to me. Regardless of how the employer treats it, you still have the responsibility to report all of your taxable income and if... View More