If so, what exactly can I request?
Payments made, all account totals, total assets? If I feel it is not accurate or something is not adding up , what can I do? Thank you in advance.
answered on Sep 15, 2018
Yes. If you are a beneficiary of an irrevocable trust you have the right to a full accounting which should show you the starting value of all assets, all transactions that occurred during administration, and the ending balance left to distribute.
My brother and I will share in certain assets of my dad's estate. There are certain things only to us but he had a 2nd wife and it states on other assets she will share1/3 of his estate what does that mean exactly?
answered on Sep 9, 2018
Most likely this means that all other assets that are not specified or outside the trust will go with 1/3 to her.
My siblings and I listed in the distribution petition that we would each receive a 25% interest in our father's home, the court hearing is 2 months away. We have since received an offer on the house and have been told we can not sell it until after the hearing since we are all to receive... View More 
answered on Aug 22, 2018
You should be able to amend your petition with a supplement. It depends what kind of authority the administrator has to answer the question on selling the property.
at date of death price. But now it has been app'd at 50 thou more at sale time. I want half. Can I take from cash in trust rather than sib start new loan which he could not afford? There is quite more than the 25 thou in cash. I want fair share and am trustee so I could just take it if... View More
answered on Aug 16, 2018
The simple answer is you should be able to collect fair market value and it is possible to even out with trust assets. However, when there is a buy-out there should be an agreement between the beneficiaries that outlines the details of the transaction in detail. Especially if you are trustee, you... View More
My mom doesn't care to challenge can I the grandson take control?
answered on Aug 15, 2018
It depends if your grandfather left a will or trust or perhaps gave the property away during his lifetime. But even if your mother doesnt care to take action, you could still have standing to do something. Ar a minimum your mother should be receiving notices of some kind.
My brother is trying to buy out my half of inherited house of my deceased father. The loan company is trying to get me to sign a gift of equity letter for the complete half amount of money but if this represents his half, he already is entitled to it. So I am waiting for an explanation,however, I... View More
answered on Aug 14, 2018
This is a complicated question and process. There is a way to handle a buy-out without causing any tax consequences, and preserving the tax benefits from inheriting property, but the paperwork has to be handled correctly. If your brother is getting a loan to buy you out then the loan company might... View More
My grandmother passed away a month ago and left a holographic will. In this, she said to leave everything to my aunt (her daughter) and to disinherit my mother (her other daughter) and me and my siblings. The will is dated, but it not written in my grandmothers writing, and the actual paper is not... View More
answered on Aug 9, 2018
This is tough to answer without seeing the documents, but essentially it seems like it probably is not a valid holographic will. It is a requirement of a holographic will to be in the decedent's handwriting. The fact that it is not in her handwriting alone might make it invalid.
Is in default and heading into foreclosure. My grandmother has plenty of money in her account to cover the payments. This house has been in the family for a long time. Besides my grandmother I am the only person on the trust. What can i do? Cant she get in trouble for not paying ny grandmothers... View More
answered on Aug 7, 2018
Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy... View More
My grandmother had a real estate broker (referred by a church member) draw up a revocable living trust, she only wanted to put her house in the trust (it is listed in exhibit A of the trust), he did not tell her she needed a quitclaim deed. She died in Feb., my aunt is named as successor trustee... View More
answered on Aug 7, 2018
The petition itself is sufficient, you do not have to include any other probate forms. The main thing the court will want to see is the schedule showing the property as a trust asset, so make sure that is included. The notice has to go to any person named in the trust (trustee and beneficiaries) as... View More
who has the rights for the property, no other will had been executed.
answered on Aug 7, 2018
This is a bit complicated as it depends when exactly the will was signed and when the child was born. It seems as though the will was signed before the child was born, which means the child does have rights to inherited as he/she should be considered an omitted child. However, if the will has been... View More
I heard that such gifts made within two years of death revert to estate for tax purposes.
answered on Jul 25, 2018
Essentially, in very plain terms the gift and estate tax are the same exemption, so you have a total of $11.2million for both lifetime gifts and estate value. It depends exactly how the gift was made and the amount of the gift to determine how it should be reported.
this done using the 121 form, how to I prove it to the court?
answered on Jul 24, 2018
If you are the petitioner, you usually don't have to send notice to yourself. However, you could potentially satisfy the note by filing a waiver of notice signed by yourself.
She lives in the property rent free and is not upfront of the bank account and the property expenses. I just want my portion and paid to me and not have to be fighting about expenses on the property. There is a total of seven siblings. Please advise.
answered on Jul 21, 2018
Yes you should have the option to be bought out. Beneficiaries have a lot of rights, especially concerning access to information.
My grandmother passed in 2005, she had signed an Irrevocable Trust granting a long time friend of my fathers as Trustee. My father just passed last month and I am told by the lawyer handling all the affairs that everything of my fathers is going back into my Grandmothers Irrevocable Trust? My... View More
answered on Jul 16, 2018
This is a very complex question. It all depends on what the trust says and what your father's estate plan said, and what assets you are concerned with. Also, the fact that everything goes back into the trust doesn't necessarily mean that the trustee (friend of your father) is receiving... View More
There are no other beneficiaries besides me and there are no creditors. thanks.
answered on Jul 11, 2018
If you already have your case number and hearing date then I would recommend contacting the newspaper right away as publication has to be done 15 days prior to the hearing date. They usually just want the completed notice of petition, but you can always ask the paper what information they require.
when the completed documents are signed. I am not happy with the services. I leave messages that are not responded to and I have questions that I must reasearch on my own. Thank you
answered on Jul 10, 2018
It really depends on your agreement with the attorney. I would ask for a status of the drafted documents first. If they have already been drafted and you are in the process of reviewing and asking questions on the drafted documents then most likely you are not going to be able to get out of it... View More
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