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answered on Jul 17, 2019
Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an... View More 
He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.
answered on Jul 17, 2019
If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.
I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.
answered on Jun 21, 2019
Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?
My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation
answered on Jul 7, 2019
Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.
answered on Oct 18, 2018
No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his... View More
There are mutual funds under one account and one property. The successor trustee already has the certification of appointment of successor trustee for the mutual funds but there has not been any amendment made to the trust.
answered on Oct 18, 2018
You may not need an amendment to do so, if the successor was named in the original trust.
answered on Sep 7, 2017
Think about this. A will is effective only after you have died. Will medical direction be useful then? Of course you need a separate document!
Seek a local estate planning lawyer to both prepare a valid Will and valid Powers of Attorney and / or Medical directives to insure your wishes are... View More
To take care of distribution among her other children? Is probate necessary?
answered on Aug 8, 2017
If the life insurance policy named a beneficiary, that beneficiary may only need a death certificate. If it named no beneficiary or named the estate, contact a probate lawyer in the county where she died or held real property and apply to probate her estate.
Father pasted two years ago and mom never remarried and I'm an only child. Does she need a will if I'm on everything but the house that still has a mortgage? She only has a retirement acct, bank acct, car paid off, jewelry and the house. She has already paid everything to be laided by... View More
answered on Sep 3, 2017
She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.
answered on Jul 24, 2017
It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.
Was placed in a nursing home...no will or legal papers drawn up. Now, sister will not divide estate to me aND my brother. What is the recourse?
answered on Oct 2, 2017
If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.
She has asked us to move in with her to care for her until her death. We will be responsible for paying the bills, upkeep and repairs (which could be quite costly) on the house. I also have a full sibling (who has agreed to this arrangement) and 4 half-siblings who have no contact with my mother.... View More
answered on Aug 3, 2017
I would suggest contacting an attorney who deals with estate planning and trusts. She will probably want to have both a trust and a new will.
answered on Jun 8, 2017
Yes, if it fits the requirements of a holographic Will.
28-25-104. Holographic wills generally.
When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible... View More
I have a good amount of land and do not want it split up and sold off, I want to keep it together. Is absolute primogeniture an option when setting up a dynastic trust?
answered on May 24, 2017
There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to... View More
One of my 2 sons has no contact with me, no one in family even has his phone number or address. I loaned him $ a few years ago and never received repayment. I figured that would be his share, so the rest is distributed equally, 25% for the four kids. He isn't named. Now I'm wondering... View More
answered on May 22, 2017
ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just... View More
Would like to not go through probate after he passes.
answered on Mar 15, 2017
If you are an only child you will inherit under law. Only meaning the only child your father ever had. Not the only child still alive. You may want consult with a lawyer on ways to avoid probate.
answered on Mar 14, 2017
You can object to her being appointed as the personal representative, ask for her removal, demand an inventory, and demand an accounting.
answered on Mar 14, 2017
The Property should only be distributed if that is what the person wants. You can do a probate while the person is alive - if that is something you want to do.
I want to do a hand written will and notarize it naming another person ca I do this?
answered on Mar 14, 2017
You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.
This is still not settled after 1 1/2 years, and there was a will. She had all the siblings sign a release, (this basically said we had zero rights to it, but her name was on it, because (she stated) it had to be this way because she was the distributee) her reason -for this "Our father... View More
answered on Mar 14, 2017
You can file to become the personal representative and then the affiant has to account to you for their actions. The best bet is to have a consultation with a lawyer.
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