Her brother died, he was 75 and had no dependents. Mom is the next of Kin. She receives her deceased spouses SS Retirement benefits that started when she retired at 62. She was left to take care/close out his banking and found out he had a 401K and an IRA. She is a beneficiary on one and had to... Read more »
It depends a great deal on what kind of benefits she is receiving. If she truly is receiving Social Security survivor RETIREMENT benefits, then the inheritance will not impact her benefits eligibility at all. If she is receiving something else, like SSI, the inheritance would impact her benefits... Read more »
Is the estate holder responsible for the debt?
You are not PERSONALLY responsible for paying the mortgage, but if you don’t pay it the lender can foreclose. Also, given that the decedent transferred the property to you prior to death, it is not part of his or her estate. The transfer removed the property from the decedent’s estate and was... Read more »
So my husband's lawyer advised the inheritance was deposited into a account set up by the lawyer but the lawyer cannot distribute or transfer to our personal account for 72 business hours. We have never dealt with something like this and I wanted to know if that sounds correct.
That's really quick. I would usually require a 14-day hold before distributing funds out of any account that I control.
My father in law had a life insurance policy through his job. He had his wife listed as the beneficiary. She passed away last year and he passed away this year. He never changed the beneficiary. The paperwork we received ask for death certificates for both as well as heir information. The life... Read more »
The answer it, it depends. Usually life insurance is NOT part of an insured decedent's estate. However, it can end up being part of an estate if there are no living death beneficiaries when the decedent died. If the life insurance policy listed your father-in-law's wife as his primary... Read more »
My stepmom is terminally ill, has treated me and my brother poorly our whole life, has been transferring my dads items into their names over the years. My dad committed suicide and it’s still under investigation, not sure if he really did it, my stepsister and boyfriend found him. Cops didn’t... Read more »
If your dad had no will, then you stand very good share of inheriting a portion of his estate. You should hire a local probate attorney to help you assert your right of inheritance.
I am the Executor of a family members estate. Our uncle indicated in his will that all moneys, assets will be equally distributed to his 3 nieces. He also had three RRIF’s naming each niece a beneficiary to each RRIF. The uncle died with dementia before changing the beneficiary of the only... Read more »
That may have been poor planning on your uncle’s part, but the niece who was the designated beneficiary has no legal obligation to share. The presumption is that is what your uncle intended. If she is inclined to voluntarily share, she should first consult with an attorney about possible tax... Read more »
just found out i was part owner, brother kept trust from me.
You are entitled to a copy of the trust agreement. If you do not already have a copy you should demand one from your brother. An attorney can help you draft a stern letter to your brother about this and about his fiduciary duties to you. Then read it and see what it says about what was to be done... Read more »
The executor doesn’t want to probate the will because he wants to live in the house of his deceased stepdad. He is not paying the mortgage. All beneficiaries listed in the will want to sell the home to close out the estate. We don’t know what to do.
Any of the other beneficiaries can open a probate court and petition the court to be appointed executor. The court does not have to appoint the executor nominated in the will if that person refuses to act. If the person in possession of the will refuses to turn it over to the court, the court can... Read more »
The account has no one else on it but i am the inheritor, am i entitled to the money from that account.
If you are the sole beneficiary of the will, and if the account had no designated death beneficiary, then yes you are entitled to the account. There is a legal process required to claim it. A probate attorney can help you with this.
My brother has ALS. He cannot sign the POA back page. He signed the 1st page in 2019. It was notarized and we just simply skipped right over the back page signature. Is it valid?
It is difficult to answer this question without seeing the instrument itself, but as a general rule an in signed POA is not valid. If your brother still has mental capacity, however, he can “sign” a new one using a legal process whereby he authorizes and directs someone else to sign for him. An... Read more »
Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?
I hate to be the bearer of bad news, but if your fiancé had no will, then you did not inherit anything. Your fiancé‘s children most likely are the sole heirs of everything she owned. That said, they most certainly do not have the right to barge in and start taking things until the court has... Read more »
This question cannot be answered without a thorough review of all of the relevant facts and the probate case file. This is a question that you should ask the attorney representing you in the probate case.
There is no standard rate for estate planning, and every estate plan is different, so fees can vary quite dramatically. The only way to find out is to consult with actual estate planning attorneys in your area.
I would also caution you not to be penny wise and pound foolish. You get what... Read more »
I'm not interested in donating to huge charities whose CEOs earn 6-figure salaries.
Think about younger friends or neighbors that you might want to surprise with a little windfall when you pass. Someone whose kindness you would like to repay.
Also consider local charities, like your church or the local animal rescue society or the local hospice. The local charities... Read more »
The family wants me out. What can I do
You have essentially been paying rent all of those years. Yes, chances are you are going to have to move out. You should schedule a consultation with an unlawful detainer attorney to see if there are any eviction moratoriums in place that might help you get more time.
My husband died. Can I still claim this house? Or does the person that's on the deed kick me out
More facts are needed. You did not say how title is vested right now.
My spouse and I’ve been reading about how malicious guardians take advantage of people using ex-parte orders to become legal guardians and then drain the estate.
We’re planning to make a comprehensive durable power of attorney document giving POA to our children and other family... Read more »
A will only controls disposition of assets after the maker of the will passes. You will need a trust to accomplish what you want, and you will need to transfer your assets to the trust. This is a long way from being a do-it-yourself project. You should hire an estate planning attorney to help you.
My wife and I have 1 single home jointly owned, and a 2-unit rental in my name only (had it since before marriage). We agreed, since we have no kids, after we’re gone, our inheritance goes to my nephews and niece. Wills have been drawn up, if I go first she gets all, the same if she goes first... Read more »
This is a very common concern and there are definitely ways to solve this problem, but this is not a do-it-yourself project. You should hire an estate planning attorney to help you with this. The attorney will explain to you the pros and cons of the various solutions.
My aunt had 2 brothers and 1 sister, also all deceased. The siblings all had children. My cousin (the daughter of the sister) met with an attorney in Millbrook, who advised that since her aunt had no will, they could probate the matter using her aunt's father's Will. Her aunt's... Read more »
You didn’t say where the probate case is, but what you need to do is hire a probate attorney there to assist you. Any attorney who says that an estate can be administered using someone else’s will is not to be trusted because that simply is not true. Do not delay because there are deadlines... Read more »
My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be... Read more »
There are a few different ways to accomplish this but you simply distributing the car directly to your niece from your dad’s estate is not one of them. One option is your niece could purchase the car from the estate for fair market value. Another option is distribute the car to the sole heir,... Read more »
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