My boyfriend of 15 years is dying. He wants me to receive the inheritance he's supposed to get once his grandpa passes, who is not dying anytime soon. His kids are all under age and he knows I will make sure they are taken care of.
It is highly likely that if your boyfriend predeceases his grandfather, the inheritance from his grandfather will pass to his (your boyfriend's) children. With no guardian already in place for them, a court will appoint a guardian to receive the funds. So what you want is to be appointed as their... Read more »
New wife sold house without informing us. Put everything in storage and claims house sold way low..help
Unless that will is found and it says something different your dad’s children should have inherited half of his estate. Hire a probate attorney right away. The longer you wait the harder it is going to get to straighten this out.
She moved to California with the intention of living the rest of her life near family in California and disposed of all her property in Pennsylvania prior to relocating. Once she moved to California, she stayed in California continuously and moved into an assisted care facility (this required her... Read more »
Under those facts I would say California.
IRA has main and secondary beneficiaries, main is deceased(was husband) secondary is alive(sister)
Next of kin is alive (daughter) Can the daughter inherit all of the IRA if she is not listed as a main or secondary beneficiary ?
The bank is saying they can only give half, at the... Read more »
Under the facts as you have described them, the secondary beneficiary (sister) would inherit. If the other daughter thinks she has grounds for claiming a share of the IRA that was not left to her, she will most certainly need an attorney to help make that case, because it is kind of a longshot.
Do a quit claim on the property and file it with the county. The mortgage , insurance and utilities are in his name. He had some debt as well medical mostly. Do we have to go thru probate and do we have to pay his debt off.
He has a will and it is not contested.
It is not possible to answer your question without reviewing the trust, the deed, and other things. You should contact a trust administration attorney. Most likely a probate will not be required but some kind of trust administration will be required.
she wants to leave her assists to me and her granddaughter what process would this detail thank you for your help
An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes... Read more »
If you have a question, there is probably someone in this forum that would be happy to answer it.
My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.
If you brother had no wife or children that survived him, chances are your guess is correct - the proceeds are now an asset of his probate estate. If your brother also had no will, most likely you will inherit that account.
A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »
When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »
She was hallucinating she & HER son had no relationship my kids &I lived with her until they grew up now she had left almost everything to my kids & me my brother was very jealous of the fact my momma allowed us to live at her house she did everything for my children she did nothing at all for his... Read more »
That is very sad situation. There were legal remedies but it might possibly be too late for you to pursue them. Take all of your facts and documentation to a will contest attorney in your area to see if there is anything left that you can do. Do not delay any longer as time is of the essence.
Mn. says we are tenants in common when we understood we were joint tenants since mom and dad were when she quit claimed the home. Can we claim their share as abondoned property? How do we force probate after all these years when we are not their spouse or children and they live out of state?
If the children were all named as tenants in common, which is presumed if the deed does not say otherwise, and some of the owners have died, those shares do need to be probated and retitled in the named of their heirs at law or heirs per their wills, if they had wills. Any interested party can... Read more »
My Brother is Successor to my fathers trust. My father passed in August. He left us both Equal parts. My brother seems to have disappeared. I need to make sure we don't lose the house
You are looking for a trust administration attorney. Even better would be an attorney that also handle trust litigation. The attorney can review the trust and advise you as to what needs to be done to replace the MIA trustee.
Should we move his money to another Acct and do we have to give stocks information.
It sounds like the ALF wants the financial information either to confirm that he is able to pay privately or to determine whether he will be eligible for Medicaid. Either way, you should schedule a consultation with an elder law attorney in your area to discuss Medicaid planning. The folks at the... Read more »
To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »
You can do that if you all agree but keep in mind that by doing so you are converting tax free inheritance money into taxable ordinary income.
We are in probate. My niece is fighting my mom's will and accusing me of hiding my mom's money. This is an account that is for business purposes only, no checks. It is a Reserve Account with a hold on the funds from the bank to pay our monthly mortgage. I don't have access to the account; only... Read more »
There is a very, very strong presumption that a bank account that is titled as joint tenants with right of survivorship goes to the survivor upon the death of the other account holder, and the bank can safely turn over the funds to the survivor without requiring probate.
However, if someone... Read more »
There is no deadline. Some probates (not necessarily in Tennessee) have been known to go for fifty years or more. Most probates take about 12-18 months.
A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.
Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... Read more »
You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by your... Read more »
I am guessing that by "administrator" you really mean executor or personal representative appointed by the court. You should hire an attorney to help you petition the court to recover the funds and also remove the executor/personal representative due to malfeasance.
Can a lien be put on an irrevocable trust?
A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.
When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust... Read more »
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