Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?
answered on May 22, 2023
Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.
If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust... Read more »
My father passed away one week before his brother. The deceased brother , my uncle, had a life insurance policy that listed his three brothers ( including my father) as beneficiaries. After his death one brother made claim and collected the insurance payout for himself and other living uncle.... Read more »
answered on May 14, 2023
This question demonstrates a problem with relying on beneficiary designations as an estate planning technique (yes, even for life insurance). When more than one person is named as a death beneficiary, with nothing more, there is an ambiguity created as to what should happen if one of them... Read more »
Son, Zach who is still alive. Bill died in California, we live in missouri.
Bills siblings got a letter from California Inheritance Group claiming Bill had unclaimed assets and they are going to divide it between his siblings. I don’t believe that is correct I believe it should be all... Read more »
answered on Apr 30, 2023
First, you do not need to go through California Inheritance Group to claim these funds. You can find it here and make a claim yourself: https://www.sco.ca.gov/upd_msg.html
Under the laws of California, if a person dies unmarried with living descendants and no will, the descendants... Read more »
My grandfather passed and his wife hates me. She's made attempts to remove me from the deed since my grandfather passed.
I'm listed as a "joint tenant" on the deed. What are my options for selling or cashing out my share?
answered on Apr 27, 2023
Theoretically you could sell your share, but as a practical matter nobody is going to want to buy your share and then have to share use and occupancy with the other co-owners. The practical solution is to either buy out the other co-owner(s) or have one or more of them buy out your share. If you... Read more »
to know if there is a way to ensure that my stepchildren can not ever inherit the land that I intend to leave to my children as it has been in our family for several generations.
answered on Apr 18, 2023
One way to accomplish this is to place the land in a trust during your lifetime. The trust can then be structured to continue after you pass in favor or your children and then your children's children, etc. Or you could place the land in a limited liability company that itself contains... Read more »
answered on Apr 6, 2023
I agree with attorney Gunther’t but would add that waivers like that are usually meant to streamline the process and speed up administration. That saves the estate money and could mean more money in your pocket compared to no waiver. But only sign a waiver if you trust the person doing the... Read more »
My uncle's house was listed in the will, but I thought the quit claim deed signed just before he died 4 months ago would keep us out of probate. I'm going through probate anyway since my name wasn't on some accounts (I am the sole inheritor). I'm trying to sell the house but I... Read more »
answered on Apr 4, 2023
That is quite unfortunate. If your uncle deeded the house to you during his lifetime, as a lifetime gift, then your basis is the same as whatever his basis was (the amount he paid for it plus capital improvements). This is called carryover basis. If the house has appreciated in value since he... Read more »
and then on line 2, the name of her mother's deceased husband as "TTEE" and then my sister's mailing address below that. Can she deposit this check?
answered on Mar 22, 2023
Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... Read more »
They presented it to the bank, social security what legal actions can I do to charge them if any accountability on their part for doing this? I am the oldest as well as the executor of the estate
answered on Mar 18, 2023
You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.
After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... Read more »
She is said to have left Me a house and land
answered on Mar 6, 2023
Call the probate court in the county in which your aunt had lived to see if a probate has been opened. If yes, request a copy of the petition and her will and the letters of administration and the final order of distribution. Also search the land records with respect to the properties in question.... Read more »
Husband. He lived there taking care of her and working from home part of time and at our home in Arkansas. MIL left house with TOD in my husband's name only because his brother had so many school loans and she didn't want "the big man" getting on his part. Apparently there is a... Read more »
answered on Feb 26, 2023
When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... Read more »
She's telling me any questions I ask is going to raise what they are billing, and she's not communicating with me like she should so I'm getting worried. But I've asked her for attorney info numerous times and she's only given me excuses.
Is it true that her... Read more »
answered on Feb 20, 2023
For better results, try reposting your question with more information provided. When doing so, keep in mind that a "power of attorney" is a document, not a person. The person that signs a power of attorney is called the principal, and the person designated by the principal to act for... Read more »
Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself
answered on Feb 13, 2023
First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... Read more »
Her will is in probate. We have no interest in keeping our half, we just want our monetary share. Once probate is settled, can we force a sale from whomever the probate court designates as the other half owner? And how do we do that? Should we notify the probate court before the probate case is... Read more »
answered on Feb 13, 2023
If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it... Read more »
My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... Read more »
answered on Feb 13, 2023
The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... Read more »
I'm the estate administrator
answered on Feb 13, 2023
The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.
He is survived by his living wife but she has multiple sclerosis and is living and being cared for in a nursing home. I have power of attorney over her. How can I get access to deposit, withdraw or close out my dads checking account?
Do I need to retain a lawyer?
What is the usual... Read more »
answered on Feb 8, 2023
The answer depends on a lot of factors that are not given in your question. What is the value of the account? Did your dad have a will or no will? Did your dad leave any OTHER assets that need to be retitled? For a reliable answer, my best advice is you should schedule a consultation with a... Read more »
Is that considered as waste?
answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
To answer your... Read more »
Can someone be the advanced healthcare directive and also be the appointed person to handle the patients estate/will?
The patience is being given seizure medicine daily. He cannot recall things that happened the same day and get names.locations and dates confused.
Is this legally allowed?
answered on Feb 2, 2023
A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »
have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?
answered on Jan 31, 2023
Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »
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