Your current state is Virginia
My mom died intestate with a mortgaged home the lender sold portfolio of mortgages and in paperwork it showed owners death certificate but didn't show any documents of the 3 heirs so now the new mortgage co. Is trustee and said they need our birth cert. And signed quit claim deeds from the 3... Read more »
answered on Apr 1, 2023
You should immediately seek counsel from a Trust and Estate attorney who is familiar with foreclosure actions. You should contact the heirs and open an Estate with the Sussex County Register of Wills or in the County of her residence when she passed away and have the heirs appoint an Adminstrator... Read more »
mother left me as executor of her will and trust. Home remains in trust. I would like to make a will so as my daughters know how I would like them to settle the home
answered on Mar 31, 2023
Your question isn't entirely clear, so I'll give it a shot and hope it helps. When a parent does estate planning, the parent is dealing with the parent's own assets. In your case, your mother put her own assets (including her home) into her trust. It seems you want to keep your... Read more »
How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... Read more »
answered on Apr 1, 2023
Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... Read more »
ordinance # so there is no transfer tax due, can you help
answered on Mar 31, 2023
Not sure what you are looking at. There will be no transfer tax due for a transfer in or out of a trust for your own benefit. You need the deed to state that it is a transfer per Tax and Rev Code 11930 so that the clerk know no tax is due. You will also need a PCOR form from the clerk which is... Read more »
My parents passed away a year ago and there is no will. My youngest brother is the administrator over there estate but he will not communicate with me and I have no idea what is going on.
Both of my parents passed away last year. They had no will. My youngest brother is the administrator over there estate. And there is also a probate lawyer over my parents estate. I have been treated ugly through this whole process so far. I have not be able to go to my parents when I have wanted to... Read more »
answered on Mar 31, 2023
If it has been more than 6 months since your brother took charge, you can ask for an accountant for the estate. If one is not provided or is insufficient, you can petition the probate court to remove your brother for breach of fiduciary duty. See a probate attorney for assistance.
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... Read more »
answered on Mar 31, 2023
The transition from child to caretaker is not easy. Educate yourself about the probate process in any way you can, online, adult education, etc. Consult a probate attorney and acquaint him/her with your mother's estate assets so hat when it becomes necessary, you will be prepared.
My mother and I live in Massachusetts. I have an older brother who lives in NY. My mother is 75 with failing health. My mother owns a house in NY and a house in MA. She has a couple of retirement accounts and has savings and checking accounts. She refuses to get a will. I have asked her to do this... Read more »
answered on Mar 31, 2023
Your mother appears to reside in Massachusetts and assuming that is the case she would be intestate and depending upon her marital status and whether you and your brother are the only children she has, you and brother have equal ability to file a Petition for Probate of her estate upon her death.... Read more »
Both my parents passed away last year they had no will. My youngest brother was made the administrator over my parents estate. And he has kept me from knowing anything. There is a probate lawyer involved but he doesn’t communicate with me either. I don’t know anything that is going on. There is... Read more »
Both of my parents passed away last yr and they had no will. My youngest brother was appointed the administrator over there estate. I’m the oldest of 3 kids. My youngest brother will not communicate with me I have no idea about anything that is going on. There is a estate lawyer over my parents... Read more »
answered on Mar 30, 2023
Probate court files are public records. You can walk into the court and ask to look at the file and make copies. Or you can hire a lawyer to review the file for you and give you advice about things you can do to obtain information.
My mom passed he says he is power of attorney. I have never seen paperwork. He has removed all my items. He will not let me talk or see my dad. He has locked the gate my dad can't open it. And my dad is blind. This guy is not a family member. I'm there only child which has been... Read more »
Or is the property subject to the tax break the irrevocable trust receives?
answered on Mar 29, 2023
Is the real estate taxable by the government? Yes.
Or is the property subject to the tax break the irrevocable trust receives?
It also would receive any tax breaks as well as being taxable.
It's still taxable when the tax assessed is $0.
That's going to... Read more »
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... Read more »
answered on Mar 29, 2023
My condolences to you for the father you will soon lose.
The legal document stating who has the right to control the burial plans will be the Advance Health Care Directive (AHCD), which you do not mention.
If there is no AHCD, and there is no spouse, then a majority of all... Read more »
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... Read more »
answered on Mar 29, 2023
I'm sorry to hear about your father's situation. As the designated durable power of attorney, you have the legal authority to make decisions on your father's behalf, including decisions about his end-of-life care and funeral arrangements, as long as he is unable to make those... Read more »
Step mother now pushing breach of contract also we are in bankruptcy.
answered on Mar 29, 2023
Step mother needs to be added as a creditor in bankruptcy to stop her from taking any action.
there are life insurances and propertites that he had, died overseas, was a US resident with greencard
Hello,
My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.
My father owes a large sum of money to the rehab nursing center he was in when... Read more »
answered on Mar 28, 2023
It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... Read more »
My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... Read more »
answered on Mar 28, 2023
In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... Read more »
answered on Mar 28, 2023
“Heir”: An heir is someone who’s legally entitled to inherit your assets if you die intestate, meaning you pass away without a valid will or trust. Your heirs are people related to you by blood or marriage, like your spouse or children. If you die without an estate plan, your heirs will be... Read more »
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