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Your current state is Ohio
I don't know if he's TOD or as joint owner.
answered on Sep 23, 2024
Any account that is payable on death is not a part of the probate estate and will not be inherited or passed through to beneficiaries of a will.
So my mother was charged for my fathers death her attorney had a judge who was supposed to be hearing cases hear her case She was charged gross vehicular manslaughter reduced from a felony to an infraction charge They sealed her file and later on purged her file so a judge who is a former law firm... View More 
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answered on Sep 23, 2024
It sounds like you’re dealing with a very complex situation, and it must be frustrating to feel like the system hasn’t addressed the issues you raised. From what you’ve shared, the judicial proceedings around your mother’s case and your own conservatorship appear to have had several... View More
the will states -if the primary "Personal Representative" (the person responsible for managing an estate after someone's death) is unable to serve, the successor or Substitute Personal Rep who shall serve without bond shall be the next person willing to serve from the list below in... View More
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answered on Sep 23, 2024
“In order named” means one at a time in the order of priority listed. So if Joe Smith is alive and well and capable and does not decline to serve then Joe Smith serves as sole personal representative.
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answered on Sep 23, 2024
No...
I am 13 and looking to get into real estate to make a steady income but don't know we're to start or if I can get into investing in property's right now or if I have to wait.
answered on Sep 21, 2024
There is no age requirement for owning property in NC. To enter a binding contract to purchase or sell property, the minimum age requirement is 18. Similarly, banks require you to be 18 to sign a mortgage, again, because it is a contract.
2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….
3.5.
To my spouse, if my spouse survives me.
If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate... View More
answered on Oct 15, 2024
Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would... View More
FIRST: I do direct my Personal Representative to pay from my estate allowable claims, funeral expenses, expenses of administration, and death taxes (including penalties and interest) that are payable as a result of my death, whether or not the transfers on which these taxes and expenses incurred... View More
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answered on Sep 20, 2024
No... If will probated, a claim can be filed (and paid) for funeral expenses.
Hello I’m reaching out to you on behalf of my Grandfather. My family is in the middle of a probate case, case # 23PR194695 , in Santa Clara County involving my late grandmothers estate.
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answered on Sep 20, 2024
It sounds like you’re facing a frustrating situation with the executor not following the terms of the will as intended. Executors are legally obligated to act in the best interest of the beneficiaries and carry out the wishes of the deceased as outlined in the will. If the executor is withholding... View More
She is in need of long term facility care.
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answered on Sep 19, 2024
If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More
The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More
answered on Oct 3, 2024
Depends on the specific power of attorney. I would consult with the attorney that drafted it.
I was added to property title after a trust was created. In the trust, the property is listed as separate. Who does it go to when the original property owner dies?
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answered on Sep 18, 2024
When the original property owner passes away, the distribution of the property depends on the terms of the trust. If the property is listed as separate in the trust, it will be treated according to the instructions outlined in the trust document. This could mean the property is given to specific... View More
A Medi-Cal recipient passed away a few years ago, and notice was never given to DHCS. What are the consequences of missing the 90 day deadline? The recipient was survived by their spouse, who just passed away recently and was also a Medi-Cal recipient. The estates aren't being probated. How... View More
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answered on Sep 18, 2024
If the notice of death for Medi-Cal Estate Recovery wasn’t provided within 90 days, the Department of Health Care Services (DHCS) may still pursue recovery from the estate, but there is no immediate penalty for the missed deadline. However, it’s important to notify DHCS as soon as possible to... View More
lives month to month from Social Security. Also, she owns her home but has a 2nd mortagage and
Equity line of credit on it. She wants to put her home up for
sale. However. she is concerned she may pass away before it sells.
What kind of trust does she need and that... View More
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answered on Sep 16, 2024
To protect your mother's home in case she passes away before it sells, she may want to consider setting up a revocable living trust. This type of trust allows her to retain control over her assets while she's alive and provides a way to transfer the property smoothly without going through... View More
I would like to keep amenity and privacy while protecting assets from creditors before a problem arises.
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answered on Sep 18, 2024
Technically you could. But if the trust is not funded (no assets are in the trust), than it has no additional value. I think it would be best for you to talk to an estate planning attorney and discuss the assets that you do have, and how you can protect them. Trusts are great, but they might not do... View More
…some of the assets cannot be a witness to the Will or the self-proving affidavit.
I am a little confused about this… it seemed to me that one person could be a witness at the time of the signing and that the second witness could actually sign as a witness but not actually be present... View More
answered on Sep 16, 2024
As a Colorado-licensed attorney, I am not licensed to practice law in Connecticut, and the following is based on a brief review of Connecticut law. Please consult a Connecticut attorney for more specific guidance.
In Connecticut, the rules governing the witnessing of a will and the... View More
Home we live and homestead so car and home exempt only title name change and account all need do so
MY MOM ASK ME BEXECUTOR FOR HER IM NO LAWYER BUT HAVE EXHAUSTED MY CASH TO PAY FOR CREMATED STILL NEED HAVE SERVICE BUT NEEDTO HANDLE HER PROBATE BCUZ DIDNT HAVE ENOUGH TIME GET DEALT WTH... View More
answered on Sep 16, 2024
If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More
A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More
answered on Sep 14, 2024
There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More
My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.
answered on Sep 16, 2024
A text message is not a will in Arizona. In most cases in Arizona, a valid will must be signed by the decedent and witnessed. Or it must be wholly in the decedent's handwriting and signed by the decedent. Your text message appears to be an indication of the decedent's intent at the end... View More
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
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