I assume there is no cash in the estate.

Are you and his sister adversarial? If not, then talk to an attorney about working out an agreement that allows you to be recognized as a creditor of the estate, and pursuant to this agreement you would ontinue pay the mortgage, but you would get... View More

I agree with attorney Whithurst. You can obtain the tax ID number from the IRS at this site: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online

Your attorney should be able to get this for you if you don't understand... View More

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that... View More

You will have to hire an attorney. If I were the attorney, I would get you appointed the administrator of the estate. Then get that person served and force him or her to come into court and prove that a trust exists. As administrator, you'd be able to get bank statements of the decedent... View More

A court could be petitioned to approve the sale. In my state of Louisiana, in a succession proceeding a lawyer can petition the court for the authority of the administrator of the estate to sell succession property. The heirs have the right to object, the most often the petition is approved if... View More

It can be. It depends on whether the person has capacity at the time it is signed. In my state, as I suspect in others, capacity is presumed and must be proven by the party who is attempting to prove lack of capacity. Even if a person has dementia capacity is presumed, and a person can always... View More

Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.

So for example, if you dad purchased his house for $75K in 1995, and when he died in January... View More

I am sorry to hear this. You will have to speak with a California lawyer, as I am only licensed in Louisiana.

In my state (Louisiana, which is a community property state, like California), if the house was acquired during the marriage, the house is community property. It does not matter... View More

Yes, as long as your grandmother still has legal capacity (she knows what she is doing), she can revoke the prior POA and appoint someone else. If she does not have capacity, then no. You would have to file a guardianship suit (here in Louisiana we call this "Interdiction") to care for... View More

Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.

If you received the house from her recently, a give back may be the best thing. However, if she "otherwise... View More

I agree with attorney Whitehurst that your question is unclear. I will assume you mean your mother dies before your grandmother, and that you mother has a will (because you said "executor" rather than "administrator").

Most states allow for the grandkids to step into... View More

Generally, yes, a parent can disinherit a child for any reason unless the child is a "forced heir".

A "forced heir" is an child that is either (1) under the age of 24 at the time of your father's death; or (2) a child of any age who at the time of your father's... View More

Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.

If he holds onto the property, either as a... View More

I think this will depend on two things. First, whether the law of your state (Arkansas) permits this in certain cases, and Second, whether the POA specifically permits this.

In my state of Louisiana, it specifically states that "self-serving gifts" must be specifically allowed... View More

This depends on many factors. First, the general rule for statutes of limitation on collection is 10 years. The statues of limitations begins running on the date the return is filed. So, assuming the 209 return was filed on April 15, 2010, that would be April 15, 2020.

However, the... View More

You can petition to be appointed Administrator of the estate alleging that he did not have a will. This is what I do occassionally for clients when there is an alleged will, but the other side wont provide a copy or a copy cannot be obtained.

After all, someone is telling you there is a... View More

I would talk to an Ohio attorney about beating your brother to the punch to get appointed as Administrator of the estate. In my state, Louisiana, you and he would have equal preferenced in right to be appointed. Ohio may have a statute that provides that a local person living in the state has a... View More

So this is clear under federal income tax law: inheritances are not income. States that have an income tax *generally* piggy back the federal law. So, generally, the only income tax implications that may be tangentially applicable is the "step-up" in income tax basis for the eventual... View More

You should ascertain with your own attorney what Texas' Independent Administration statute allows. In my state of Louisiana, it is generally limited to selling estate property without the consent of the judge. It does not affect the proceeds of the sale, which would be distributable to the... View More

The first question to ask is did he die with a Last Will and Testament. You shoudl examine his house and personal records to see if he may have exeucted one, if the original is in the house, and what bank records he may have there.

If you can't find the will there, check with the... View More