My father has late-stage Alzheimer's. He remarried before the disease to my stepmother. Since he has been in a memory care home she has purchased a different home than the one they lived in together. At first, the new home was in her name only. However, recently she changed the names on deed... View More
enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,...View More
I’m in the middle of buying a house. The seller was told she had to turn in an Affidavit of Heirship it has already been sent out to sign and to appoint someone as the trustee. I’m trying to see is this something that takes month, couple weeks, or something that can be done in a few days?
The time it takes to form a new trust and appoint a trustee can vary depending on the specific circumstances and complexity of the trust. The process could take anywhere from a few days to several weeks, depending on the complexity of the trust and the availability of the parties involved....View More
The Affidavit of Heirship form is promulgated by the Texas legislature, and it is important to use the correct form for your jurisdiction. Providing legal advice or helping someone complete an Affidavit of Heirship without a license to practice law in the relevant jurisdiction would be considered...View More
Generally speaking, there are a few common ways a trustee can be appointed:
Creation of a trust: When a trust is created, the person establishing the trust (the "settlor" or "grantor") will appoint a trustee by naming them in the trust document. This is the most common...View More
If my mother left her car to a me in her will, should the balance remaining on the note be paid by the estate with any other debts or is it my responsibility? My mother died 18 months ago and the executor, appointed 6 months ago, has had the vehicle since her death. I was told 3 days ago that the... View More
The responsibility for paying the remaining debt on a vehicle in a probate matter depends on the specific terms of the will, the laws of the state where the deceased lived, and the specific circumstances of the case.
In general, if the deceased left a will that specifically bequeathed the...View More
If the check is made out to your mother's estate in your care, you will likely need to go through the probate process or establish an estate to cash the check. This is because the check is considered an asset of the estate, and someone must be legally authorized to act on behalf of the estate...View 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.
It's generally true that an attorney will only communicate with their own client or someone who has been authorized to act on behalf of the client, such as a person with a power of attorney. However, in certain circumstances, an attorney may be willing to speak with a non-client about a case,...View More
If your son passed away before the judge signed his divorce decree and he did not have a will, his estate could be distributed according to the laws of intestacy in the state where he was living at the time of his death.
If your son was not married at the time of his death and did not have...View More
Y. She says it’s inappropriate for me to ask for the annual amount of the principal, which will be my inheritance. She is only supposed to be living on the income. Trust is in South Carolina. She is 83. Is she correct?
If your stepmother is the trustee of the trust, she may have a fiduciary duty to provide you with certain information about the trust, including the annual amount of the principal. However, the trust may have specific provisions that limit the information that can be provided to beneficiaries, or...View More
I am a 74 old retired, disabled, married senior living in Marin County, on Medicare and Social Security. My wife and I have a Living Trust, Wills, POA's, Advanced Healthcare Directive and a few other legal documents. I just need to remove one person as a beneficiary and successor trustee and... View More
I'm sorry to hear that you're disabled, but I'm glad to hear that you have Medicare and Social Security to help you out. As for your question, it really depends on what kind of amendments you need help with. You'll want to consult with an attorney who specializes in estate...View More
If the house was transferred to beneficiaries as the result of death of the owner, there is a step-up in basis and no capital gains would be owed. If capital gains tax applies, it depends on who owned the house at the time of the transfer - if a trust owned the house, then the trust pays but if...View More
You'll need an experienced lawyer to review the trust to see if there are any Qualified Domestic Trust (QDOT) provisions. A QDOT is a type of trust that is designed to allow non-U.S. citizen spouses to defer estate tax payments on assets inherited from a U.S. citizen spouse.
She lived on property with my step father and I understand he is homestead there as long as he wishes which is not a problem. I am just concerned about him possibly giving his portion to his children. My understanding is that anything acquired even during a marriage as gift or I heritance is... View More
If your mother died without a will and owned property that was titled in her name only, it would be considered part of her estate and subject to distribution according to the laws of intestacy in the state where she lived.
In most states, if a person dies without a will, their property will...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.