If you want to avoid problems in the future, I would suggest that you demand your share of the estate in cash, and the only way you would co-own property with your brother is if you and your brother are able to negotiate a tenancy in common agreement defining the parties’ rights, duties and... View More

In general, I agree with Maurice, but in particular, I believe your sister is acting well within the range of her discretion when she requires some sort of proof of your ability to comply with the terms of the trust. If you really have the intent and ability to build a residence on the property,... View More

I agree with John, but now a probate is required for brother’s estate too and until you have letters issued to a personal representative in that estate you won’t be able to petition for final distribution in your parent’s estate. More fees and more delay. I’m sorry for your loss.

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... View More

You can file one at anytime. No probate is required if one dies without property, or if everything passes to the other owners of an account by right of survivorship or by beneficiary designation.

Yes, you can file an objection based the fact that the Will sought to be proven was in fact revoked by a subsequent Will. You should also file your own petition for probate based on the new Will, the terms of which you’ll need to prove by clear and convincing evidence in the absence of the... View More

You can't transfer legal ownership of the property to yourself without a formal court order upon final distribution of the estate and that won't happen until October. The loan by its terms comes due within 1 year of the borrower's death. Keep your lender informed on the progress of... View More

They can’t take the property away from you if that’s what you’re wondering. Mom has a partial ownership interest in the property and so do you. The court can’t take away your interest in your home without affording you due process of law (notice and a hearing). A conservator could... View More

Since mom died without a Will survived by her husband and her 5 children, the insurance company will only pay the death benefits to her intestate heirs which will be her husband and perhaps her 5 children as provided by state law. Since her husband has since passed, a probate (or at least a small... View More

In general, if the trust is revocable, no. The trust is identified for tax reporting purposes by the Social Security Number of the trustmaker and all trust income if any is reported on the trustmaker’s annual 1040 individual income tax return.

And in general, if the trust is irrevocable,... View More

Yes, it's quite common for a trustee to withhold a "reserve" from distribution to pay for known or anticipated debts, taxes and future expenses. The statute of limitations to audit an income tax return is up to 4 years (7 years if the audit indicates a substantial underpayment of... View More

While it might be a good idea in general to have fiduciary insurance while acting as an individual, non-professional, trustee of a special needs trust, I don't believe you'll find any policies on the market with that type of coverage. There are fiduciary insurance policies available for... View More

Since your mom did not file her petition for bankruptcy before she died, she's not in bankruptcy, but her creditors still have claims against her estate, which includes her trust. Before any assets of a trust can be distributed to the trust beneficiaries, a formal notice of death must be sent... View More

A person can change their Will anytime they want during their lifetime. It really does you no good if your father reads his Will aloud before he dies. Most married couples leave everything to each other without conditions. If your mother chooses to accept an unconditional gift and chooses to... View More

If you get regular monthly accountings from the institutional trustee and have no objections to those detailed accountings, then yes, in my professional opinion, their request for a final distribution conditional upon a final release of all claims is reasonable. If this were a non-professional... View More

A trustee has a duty of loyalty, fair mindedness and accountability to all beneficiaries of the trust with respect to trust-owned assets. A trustee does not have the right to withhold information from beneficiaries upon reasonable request. Google the search term trustee duties and see for... View More

You actually are asking three distinct questions here.

You can amend your trust to change the governing law of the trust. This affects the substantive law governing the interpretation of the trust itself.

You can change the principal place of business for the trust by either moving... View More

I'm sorry to hear about the loss of your son. I'm assuming you're talking about life insurance paperwork. If you're the named beneficiary on his life insurance policy, the insurance company will simply write you a check if that's your wish. If he had no beneficiary named... View More

The beneficiary of a trust is entitled to be paid in cash or in kind. If you want the property, you will need to find a way to pay your sisters in cash. You can assume the mortgage on the house so that your equity equals the amount of cash given to each of your sisters, and that’s one way to... View More

Technically speaking, no, they’re not. That would be the unauthorized practice of law, but, as a practical matter, most paralegals should be able to advise you on such matters unless you present them with an unusual set of circumstances or objectives with which they are unfamiliar. Paralegals... View More