Your current state is Virginia
My family has a home that I am selling as trustee for the estate. We are preparing it to go on the open market, as suggested by my estate attorney in order to get the highest price.
However, I have already gotten a considerably generous cash offer that is 10% above asking price and... View More 
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answered on Sep 24, 2023
In California, there's no set duration a home must be on the market to determine if an offer is the highest possible; it's based on market conditions and the trustee's fiduciary duty to act in the best interest of all beneficiaries. Accepting an offer 10% above asking price with... View More
According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!
answered on Sep 23, 2023
IF (and only if) the 'pension' has a death benefit -- maybe.
Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.
If the TRUST is the named beneficiary, then the... View More
My sister and I are co-administrator’s of my father’s estate, and my parents had an old Safety Deposit Box at a bank, and after we went through the process to get access to the Box and to empty the box, the contents of the box was just old paperwork like vaccination records and stuff like that... View More
answered on Sep 23, 2023
File the form, showing the box contents, and put this issue to rest.
If you fail to do the report, there is always a question, an open possibility that someone may allege that something of great value was inside.
People can do strange things during the pendency of an Estate.
It's paid for and I pay the taxes.. Please advise, in detail. Thank you.
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answered on Sep 22, 2023
In most cases in New York City, if you own a house, you also own the land it's on, known as "fee simple" ownership. However, there are exceptions, like land leases in some co-op buildings, where you might not own the land. If you're paying property taxes and have a standard... View More
To summarize my mom was executor over her step dads estate. She opened an account and never closed the account. She passed away and I’m her sole heir/administrator. I went through the process with the bank to get my name on the account and took her name off. I never went to the probate lawyer... View More
Parents died within 3 months apart. First attorneys are suspended for using inheritance on the stock market. Never sent me any paperwork either. Now the current attorney has not sent me any paperwork either. Big money involved. She also has not sent me any paperwork. No copy of will no itemized... View More
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answered on Sep 22, 2023
Since you are in Alaska, I would recommend contacting the Probate Court and asking for copies of the entire Probate File be sent to you. Or hire a CT attorney to look into to it and advise what should be done, if anything.
I'm afraid that my uncle and his girlfriend might have changed the will.
answered on Sep 22, 2023
If you think your father’s will was altered, you should hire a forensic document examiner to examine the original Will to determine if there is any evidence of alteration.
You might also ask the attorney who prepared the will if he kept a draft in electronic format and compare the draft... View More
is the value of a Trust ever properly counted in thevalue of the Estate when the person whi died is also the grantor of the TRust?
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answered on Sep 20, 2023
In Virginia, the inclusion of trust assets in a decedent's gross estate largely depends on the nature of the trust and the powers retained by the decedent. If the deceased was the grantor of a revocable trust, meaning they retained the ability to alter or revoke the trust during their... View More
I am planning to sell the home to a cash buyer, but before that I need to know if I have the authority to do so in South Carolina.
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answered on Sep 20, 2023
In South Carolina, an executor can sell a house without being on the deed, but they need the appropriate authority, either granted by the will or by the probate court. It's essential to ensure the house has been formally transferred through probate and that the estate holds clear title to the... View More
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answered on Sep 20, 2023
In Ohio, if minors are designated as beneficiaries on financial instruments like CDs without specifying a custodian, complications can arise. Under the Ohio Uniform Transfers to Minors Act (UTMA), assets can be transferred to minors with an adult custodian managing them. If no custodian was named,... View More
My sister and I are co-administrator’s of my father’s estate, and my parents had an old Safety Deposit Box at a bank, and after we went through the process to get access to the Box and to empty the box, the contents of the box was just old paperwork like vaccination records and stuff like that... View More
I was given a gift of equity from a family member to purchase a home my father and brother lived in for over 8 years. I purchased the home with my girlfriend. I’ve recently been threatened by her dad to basically give me half the debt and force sale of my home and leave me with no where to live.... View More
When my mother died in 2019, I unwittingly inherited a $100K Wells Fargo home equity loan from 2011 that it's my understanding was never paid back, either by her or by my late father. She had been claiming to pay off the loan using my SSI funds, and only in 2022 did I find out that was not... View More
answered on Sep 19, 2023
While an estate can owe funds for debt of a decedent which can be deducted from the distribution of their assets, you would not be liable on a loan you did not sign (in other words, you cannot “inherit” a loan). You can, however, inherit real estate and that real estate may be encumbered by a... View More
My grandfather had a will notarized in 2013. His wife had a separate will notarized at the same time. My aunt and I are named heirs on his will. His wife named her niece as her heir. He passed away in 2018 and his wife passed away this year. I do not want any inheritance from their house being... View More
The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More
answered on Sep 19, 2023
From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More
My aunt is the trustee of my grandparents estate and i am a beneficiary, however, she refuses to speak to me. She will not answer my calls and does not respond to tests or messages. What do I do about this?
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answered on Sep 19, 2023
In California, if you believe the trustee of an estate is failing in their fiduciary duties, you should consult with an attorney who specializes in trust and estate matters. Your attorney can assess the situation, explore potential legal remedies, and guide you through the appropriate steps to... View More
From what I read online, she should be able to do a simplified probate. My concern is we found credit card debt of close to $25,000. Who is responsible for paying this?
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answered on Sep 19, 2023
In California, the responsibility for paying the deceased person's credit card debt typically falls on the deceased person's estate. If your daughter is the beneficiary of the estate, any remaining assets after settling the debt may be distributed to her. It's advisable to consult... View More
Tangible property is addressed in the will. The will includes a residual estate clause. The house is not specified in the will. Does the residual estate clause cover who the house goes to? There is a beneficiary named for the residual estate.
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answered on Sep 18, 2023
You will need an attorney to look at the Will and the Deed. But usually a Residuary Clause in a Will includes all the rest and residue of property owned by the Decedent at death. That includes real property.
Though I have provided estimates for medical, my trustee does not consider Medical a need. She seems to be illogical and quite stingy. It seems to be more about lifestyle choice as opposed to anything extravagant and expects me to produce a budget without showing me any kind of accounting reports.
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answered on Sep 19, 2023
In the context of a trust, the definition of "needs" can vary depending on the specific language and terms of the trust document. Typically, "needs" would encompass essential expenses necessary for the beneficiary's health, support, and maintenance, such as housing, food,... View More
She has been my trustee for a year end, though I have provided the CTAPP regulations, she stated she only hast to follow probate law. I have an incompetent probate attorney, who allows the trustee to get away with this protocol.
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answered on Sep 19, 2023
In California, trustees have a fiduciary duty to act in the best interests of the trust and its beneficiaries, which includes providing accounting reports and abiding by applicable regulations. If your trustee is not complying with CTAPP regulations and you believe your rights as a beneficiary are... View More
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