I offer free revisions for my clients so long as they are hosting with me as well. She refused the revisions and even refused to take over the site herself. Instead decided the sue.
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answered on Jan 14, 2024
Even if your contract is ironclad it is usually not worth the bad will and emotional drain to litigate. My best advice to you, but this is based on very limited information so take with a grain of salt, is to offer her a full refund in exchange for a settlement agreement in which you admit no fault... View More 
I am 36 years old. My mom passed away many years ago and so did my only brother. Everything of course was then only my stepdads. My stepdad has been my father since I was 5 years old. I consider him my father of course. We’ve always had a great relationship but recently he has been ill and... View More
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answered on Jan 14, 2024
Your stepdad is mistaken and you are right to be concerned. You are NOT in the line of succession. To inherit from your stepdad he would need to name you as the death beneficiary on his financial accounts (an excellent method) AND sign a will that leaves everything to you (for items that do not... View More
My brother and I are the beneficiares of my Dad's estate and would be splitting the proceeds 50/50. Will taxes be paid on just the trust or would the trust pay taxes first and then us as beneficiaries pay taxes as well on our proceeds? Thank you for your help.
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answered on Jan 13, 2024
There is a strong likelihood that the house was included in your father‘s taxable estate and, therefore, received a step up in basis as of his date of death. If the house sold for a price that was close to date of death value, chances are there was no capital gain after taking into account... View More
I live in Alabama and she lives in Texas. I am executor/administrator of her estate. Her only assets are about 90K in cash and savings accounts and in IRAs, all with named beneficiaries. What steps must I follow to settle her estate? What must be done in person?
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answered on Jan 11, 2024
Collecting accounts that have death beneficiaries listed is fairly simple. After your mother passes, just send a letter to each financial institution notifying them of your mother's death. Be sure to enclose an original certified death certificate, so be sure to order enough originals plus a... View More
Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?
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answered on Jan 11, 2024
In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More
no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.
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answered on Jan 5, 2024
Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More
On the title of the property it lists my mom her husband and my sister all of them are deceased and no will for her property established and now there are squatters living in the house how do I prove my right to it and get them out
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answered on Jan 4, 2024
The answer depends in part on exactly how those three individuals held title. Were they joint tenants with right of survivorship? Were they tenants in common? Or something else? The answer to that question will determine how many probate cases need to be filed. The number could be anywhere from... View More
My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More
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answered on Jan 1, 2024
You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
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answered on Jan 1, 2024
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More
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answered on Dec 29, 2023
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death,... View More
I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More
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answered on Dec 20, 2023
There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".
My grandparents trust from their home. Mom has Been in long term care for 2 years. In 2017, trust attorney said she could put her inheritance in a trust when time comes as mom is on Medicaid. She asked me who would administer, I specified my brother. Now we are being told they are cutting a... View More
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answered on Dec 13, 2023
This is a complicated area of law with lots of moving parts and not suitable for a general forum like this. That said, a transfer to a Medicaid asset protection trust would create a penalty period. It is entirely possible that the previous attorney was referring to a different type of trust.... View More
It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he... View More
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answered on Dec 13, 2023
The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with... View More
I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More
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answered on Dec 13, 2023
Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More
I am the executor for my mothers estate.
The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage.
Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left.
In... View More
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answered on Dec 13, 2023
If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a... View More
For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”
Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More
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answered on Dec 13, 2023
The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).
If this is a house, you should know that none of the heirs are obligated to assume the loan, but... View More
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answered on Dec 11, 2023
You need to take care that both (a) the vehicles are insured as assets of the estate, and (b) you are driving them consistent with your duties as a fiduciary. If you are driving them to drop them off at a dealer for sale or you are driving them to and from a repair shop to be repaired to fix them... View More
I'm a mobile notary in Virginia and I'm certified to notarize real estate packages and living trust packages.
Why are so many notarial blocks in these documents written so that they are not compliant with Virginia notary law?
I also have specific examples of legal... View More
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answered on Dec 10, 2023
Many states have notarial affidavit requirements that are unique to that state. California is one notable example. Florida is another. And apparently Virginia has unique requirements as well.
At the same time, it is common for some entities in the real estate world, especially lenders,... View More
losing benefits?
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answered on Dec 7, 2023
If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More
I am beneficiary of the house property and all remainder via his legal trust. The cash designated to a friend was via a bank beneficiary designation. She has not filed the paperwork to receive the account. Dividend checks made out to my uncle keep coming to the trust bank account because she has... View More
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answered on Dec 7, 2023
It sounds like you are inquiring about the disposition of funds that were in a bank account in your father's name, not in the name of his trust, and that he designated a friend as the death beneficiary of that bank account. If that is the case, and if the friend does not claim the money, the... View More
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