There's also a house he claimed he bought from my parents I asked him
Show proof he will not its part of the asset well time is up and he will not add the house just wants to split the trust as is what is my legal right he also had to take money out of the trust fund to pay off this... Read more »
If you are a beneficiary you have a right to see at least some of the trust paperwork, and likely all of it. Some trusts may include language limiting information which can be shared. It sounds like your brother is the named trustee. To start, you can ask to see the names of trustees in the... Read more »
Give up their mineral rights to the land... can they really have the best of both worlds & ultimately screw the other 2 family members.
When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is... Read more »
Isn’t there any way to stop this?
It has been in our family a very long time & it is not divided up...
this isn’t right - there has to be away to stop it
Those who don't want to sell can buy the fair market value of those who want to sell. Otherwise, there may be language in the will or trust which has provisions regarding the sale of items such as a specific number or % of beneficiaries required to sell assets.
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... Read more »
To say which is "best" is subjective and would depend on many factors. However, the three most common ways to accomplish the goal of leaving you the house are:
1. Adding your name to the title.
2. She can leave it to you in her will.
3. She can put it in a trust... Read more »
Out my share does the estate attorney still work for me also? I'm in Illinois
It is very likely that the initial attorney represents the executor of the estate, not the individual beneficiaries. The executor would be entitled to pay that attorney out of the estate funds, so yes, your share as well. The attorney you hired to represent you personally will be paid by you... Read more »
My father is executor and for two years has refused to give me info unless I sign 1/2 to him. This was from my grandparents estate. What actions need to be taken?
Your recourse is within two potential places.
The first place may be in the trust itself which may give you the right to remove the executor.
The second place is in the court of probate. The executor must follow the terms of the trust and can face harsh penalties for not doing so.
he is now deceased but his wife is still alive and she wants change it she thinks its unfair
please let me know
thank you
The devil is always in the details. In general, the trust can only be changed by the grantor (the one who created it). Once the grantor passes away, the trust is as it is.
However to fully address the issue it would be best to give all relevant documents to a lawyer for review. The... Read more »
Threatening legal actions saying that it’s illegal for anyone to have these items deceased gave to them & have to return to them or risk arrests. Deceased had no legal will, though does have a video of one on social media. Deceased was married however ended many years ago but never legally... Read more »
An owner has every right to sell, gift, give away, trade, barter, destroy, or otherwise dispose of any or all of their worldly possessions. There is no law against eliminating the burden of "stuff" of one's own free will.
The responsibility falls on the estate, through the executor. Part of the executor's duties is to manage the estate the for the benefit of the beneficiaries as well as adhere to the wishes and direction of the grantor.
My dad died in january. Before he died he had roof work done on our house. They lied to him and promised insurance would cover the roofing, but insurance only covered a small amount. My mom now cant afford their 6k bill and kept the 2k check from allstate as well. Now the roofers are threatening a... Read more »
Yes they can. I agree with Robert. In short, the roofer did work on the house. You mother, living there, is benefiting from the work done. The roofer has a valid claim and can put a lien on the home.
Im going to drive to him, but my car is in my parents name and my phone also that they gave me. if i go to him can they take my stuff from me?
The car and the phone belong to your parents because they are titled under their name. Yes, your parents have total control over their use. These items were not "gifts" but things which your parents own and let you use. If you do take the car and phone and refuse to return them if... Read more »
I am his brother. Also the executor of his will and the only person named in his will.
Typically a bank will not accept that. Signing your brother's name is a forgery. Acting as though your brother has signed the check over to you is a fraud. More important is from whom or where is the check? Does your deceased brother deserve the money? If you take the money, and it turns... Read more »
I cannot travel due to pandemic. How can this be carried out the easiest. She also needs her will revised. Do any attorneys make house calls? She is 92.
Your friend needs to contact a local attorney in California. You do not need to do anything for her to make you her power of attorney or for her to revise her will. That will be handled between her and her attorney who is licensed to practice law in California.
I am legally divorce with my husband but we both signed a document appointing me adminIstrator of the estate we are finalizing a lawsuit. Am I the one who distributes the funds to him and our children or who is the one responsible to do that ?
Yes, the administrator of the estate is responsible to ensure the bills are paid, the taxes are paid, the assets are accounted for, any specific gifts are properly distributed, and the remainder of the estate is then distributed per the wishes of the grantor.
There can be co-administrators.... Read more »
Do I have any right to the value of these after 30 years of marriage
Under Illinois law, when a married person, who also has children, dies without a will, the estate is divided up by giving the spouse 1/2 of the estate and the other 1/2 of the estate is divided evenly among the children. How the estate is divided is up to the person who will eventually named the... Read more »
Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's... Read more »
Under the laws of Illinois, a spouse does not have a claim to inheritance, divorce or otherwise. You are not required to distribute your father's estate to your late sister's husband. Sorry for your losses.
A person can make a claim of disinheritance in their will, yes. It must be an act of affirmation - in other words you need to state that you are disinheriting person "X". The disinherited party would still have an opportunity to show cause to a judge as to why they should take of the... Read more »
My mom‘s fiancé recently passed away in September. He had a 2009 Lincoln MKS that I was driving up until two months ago when I took it to the bank for them to put it in the auction with the intention of buying it back. They told me that I had to wait until the auction opened up and bid on the... Read more »
If you turned title to the car over to the bank, then yes - they own the car and can do with it what they want. Unless you have a written agreement with the bank that obligates them to put the car up for auction so you could bid on the vehicle, the bank had no requirement to do that.
My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they... Read more »
The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.
The annuity is not in the trust but list beneficiaries. The trust designates the deceased portion to go to his children. How can we assure that happens?
Without seeing the annuity itself it is difficult to answer. However, if at the time the payout is made, the payout is made only to the living beneficiaries, there are several options they can take to ensure that the descendants of the deceased beneficiary receive his equal share under the... Read more »
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