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Your current state is Virginia
What type of attorney do we need to help my wife and I establish a defense against a future challenge of Undue Influence and Lack of Mental Competency to our Will, and or to either of us personally? We will also want a new Will and Powers of Attorney drawn up, and to possibly discuss some other... View More 
answered on Dec 5, 2024
Hello there! You would want an attorney who handles Estate Planning, or an attorney who does Trusts & Estates. The attorney could draft and supervise the execution of Wills, POAs, and other estate planning documents. During the Will signing ceremony, the attorney can ask the right questions to... View More
I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More
answered on Dec 5, 2024
You will need a probate attorney in your area to answer these questions.
The power of attorney states that it will continue to be effective even though I become incapacitated.
Does this obviate the need for a court appointed conservator in the event I become incapacitated?
Thanks.
Sam
answered on Dec 4, 2024
Please know that every Power of Attorney contains different language, so lawyers cannot give an opinion about a Power of Attorney without reading the particular document in question. Also, there are different types of POAs. A Durable Power of Attorney is set up to cover situations of incapacity.... View More
answered on Dec 5, 2024
If the husband had no will, the husband's inheritance will pass to his heirs according to the laws of intestacy. The wife would be entitled to a portion of the estate as would any children of the husband. The wife will need to file probate on behalf of the husband to receive his inheritance.... View More
Executor wrote me a check. I was not a creditor for decedent, only for executor after decedent passed away. I readied the home and property, provided invoice and received a check from the estate. Tried to cash it, bank said they couldnt, and needed executor to contact them. Apparently the account... View More
1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.
answered on Dec 4, 2024
Your question is not clear; I see two possibilities.
1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get... View More
my father passed away and he disinherited two of his step children but one of them is on the deed to the house is there a way to get her off the deed
we now have a buyer; he offers a reasonable price; and we are not familiar with Florida real estates matter,
can you do it for us? how is the cost? Buyers is not from a real estate company, so we need to find a lawyer to protects our benefit . please contact me if you agree to help me .... View More
It is between an individual and his mother regarding a promise she made to him (which was put in a trust). He put about $50,000 into the property that he was told would be his and then she changed her mind and changed her trust to eliminate him from the trust completely.
answered on Dec 4, 2024
If the mother is alive then consult with a real estate attorney who litigates. If not, speak to a probate attorney.
house. Can I avoid property tax? Both of our name is on the grant deed.
answered on Dec 3, 2024
Unfortunately, almost all exchanges of real estate in California will cause the property tax rate to increase. There are VERY FEW exceptions (one such exception applies when a person transfers real estate to their spouse.) There are no exceptions for property transfers to siblings, cousins,... View More
I am in LA County, CA. sist er is trustee and has never provided me a proper accounting. She just told me that she sold the house to herself is that legal? Settling the trust is being heldup because she never provided me a proper accounting. I have been looking for attorney to take this case... View More
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answered on Dec 3, 2024
You can file an ex parte application for a temporary restraining order (TRO) with your local superior court to potentially halt the sale. Since you're in LA County, you would file at the Stanley Mosk Courthouse or another LA Superior Court location.
Your sister's attempt to sell... View More
There are 3 Joint Tenants/Trustees: 2 siblings and a parent doing a revocable living trust and a warranty deed and filling out the PCOR form.
Is checking L1 first box enough for 3 Trustees?
Is 2A date of transfer required in Santa Clara County?
Is it true that this county... View More
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answered on Dec 3, 2024
For a Santa Clara County PCOR form with three joint trustees, checking box L1 (change in trustees) is correct, but you'll want to list all three trustees' names in the appropriate section since they're all taking title together. While not all counties require the date of transfer in... View More
My dad is ill. My mom has dementia. At my sister's urging, he put his home in a lady bird deed, but now wants to remove it from that deed. He also needs help in appointing someone to take over the estate in case he dies. How can he go about it and does he need an attorney or can he print out... View More
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answered on Dec 3, 2024
Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you... View More
My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More
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answered on Dec 3, 2024
If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More
My deceased father was frauded and coerced into changing his will and taking my sister and I out of it completely, by a guy that popped up in my dad's life at the end, when he was incredibly sick and going through chemotherapy. My family, my sister, his neighbors nor I have even ever heard of... View More
answered on Dec 3, 2024
You mention that your father was defrauded into changing his Will. If someone attempts to probate the Will, you are entitled to contest it in the Probate Court. Based upon what you've stated, it seems that you have a good case to contest the fraudulent will.
It also sounds as though... View More
Besides PCOR, does Santa Clara County require a DTTA, transfer tax affidavit (R&T 11930) or recording fee exemption §27388.1(a)(2)(B) cover sheet? When there is no actual money involved in transferring the warranty deed from 3 joint tenants into a living trust in which the same 3 people are... View More
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answered on Dec 2, 2024
To avoid property tax reassessment when transferring property into a revocable living trust with three joint tenants in Santa Clara County, you should complete a Preliminary Change of Ownership Report (PCOR). Besides the PCOR, you typically need to submit a Transfer Tax Affidavit using exemption... View More
My mom passed with no will, my siblings and I filed the petition for articles of administration, the court is telling us we have to add her husband even though my mom purchased her house and land 15 years before even meeting him. He is nowhere on the deed or title.
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answered on Dec 2, 2024
Surviving Spouse will be an heir and may have other rights in the Decedent Spouse's estate. Hire a GA attorney to handle this as you all are not equipped to handle a probate.
he is 75.we re both on MassHealth can this be done without affecting masshealth status for him
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