a parent recently passed away unexpectedly and they never got around to updating their pension, retirement accounts or will. The Will that we had was “dismissed” so that all of the children get equal shares however nothing was said about his pension which (because it was created so long ago)... Read more »
I agree with Mr. Berge in that you should contact an attorney in Arkansas. If a small estate procedure is not available, since your father was not domiciled in Arkansas on the date of his death, you should inquire about the ancillary probate rules applicable to a non-domiciliary's ownership of real...Read more »
Owners of bank accounts can designate beneficiaries by adding a "payable-on-death" (POD) designation. At the death of the account holder the POD beneficiary can claim the money directly from the bank without probate court proceedings. Similarly, owners of investment accounts can designate...Read more »
she helped raise. I am trying to find out if she had a will. My question is this...does her part of her "estate" automatically go to her husband with or without a will? She had mentioned to me that she had intended to leave her "half" of her property to my children "her only niece and nephew." I... Read more »
Assets that pass directly to heirs often don’t have to be used to pay the estate’s debts. These assets can include “pay on death” bank accounts, life insurance policies, retirement plans and other accounts that name beneficiaries, as long as the beneficiary isn’t the estate.
Order determined property to be divided equally between 8 siblings and was filed with the recorder's office. Now everyone agrees to allow only sibling living in the city of the where the property is located sole ownership so that the house may be sold.
I recommend that you seek legal and tax advice before you go forward. In general, if there is a recorded court order distributing real property to a person or persons the recorded order is like a deed and shows ownership of the property to the distributee(s). If the order distributes real property...Read more »
My estranged father passed away and left a will & trust stating to divide his estate up equally between his 5 children. None of his children had contact with him for over 15 years. He had a large sum of money piled up in various investments that no one knew about. The Trustee, who is also a... Read more »
As part of the accounting process, the trustee must notify the trust beneficiaries about important information regarding the trust upon the death of the person or persons who created the trust. The notice must identify the persons who created the trust, provide the date when the trust was created,...Read more »
A power of attorney is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is referred to as the “principal” and the person chosen to act on the principal’s behalf is referred to as the “agent” or...Read more »
My husband was killed in a defective car 18 years ago. The case turned into an MDL due to the number of people injured. Now that company is saying our portion of the settlement HAS to be put through probate even though there are only two of us ( his son and wife) that are eligilble to collect any... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.