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0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Pr was ordered by judge to get house ready for sale and any offer.. must be ran by trustee for approval by 9-25-24..

Pr refused to do anything ..on 10-15-24 I saw she put the hm in her mom's name Karen Walsh she's Stepmom.. ..me or court has not been notified at all..I'm also being fined 7500 from city of PHX for not keeping yard up..I can't the PR asked the judge to not allow me to go on... View More

1 Answer | Asked in Estate Planning for New York on
Q: I have not received financial documents of a trust I am beneficiary of. How do I go to court to compel the trustee to

Send me those documents

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 19, 2024

Generally, if you are a beneficiary of a trust, and the trustee has failed to provide financial documents, you can petition the court to compel the trustee to provide an accounting.

0 Answers | Asked in Estate Planning and Real Estate Law for Delaware on
Q: My stepfather passed away. My Mother was not on the deed but became the administrator and opened an estate.

Unfortunately, my Mother became sick and passed away. Before she passed, she had a living trust opened, but she did not transfer the property into it. She left a will behind naming me the beneficiary for her life insurance policy and her home. I was his only child. He had no biological. The will is... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: My husband inherited his Mom's house (handwritten will). Does he have to go through probate to get the deed in his name?

We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 18, 2024

Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More

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1 Answer | Asked in Estate Planning and Family Law for California on
Q: What form do I need to cancel a conservatorship a family member has, my county is Stanely Mosk Courthouse, Los angeles
James L. Arrasmith
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answered on Nov 17, 2024

To end a conservatorship in Los Angeles County at the Stanley Mosk Courthouse, you'll need to file form GC-380 "Petition for Termination of Conservatorship" along with form GC-020 "Notice of Hearing."

Before filing, gather evidence showing why the conservatorship...
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1 Answer | Asked in Estate Planning for Colorado on
Q: In Colorado,along with a notary does a doctor have to sign your DNR within your living will advanced directives ?

I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal

Nina Whitehurst
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answered on Nov 18, 2024

Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for North Carolina on
Q: Am I entitled to any assets or does it go to her heirs?

My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.

Shane T. Johnson
Shane T. Johnson
answered on Nov 18, 2024

When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.

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1 Answer | Asked in Estate Planning, Family Law and Health Care Law for Indiana on
Q: Who is in charge of the care of father in law, his only child has passed away? Myself, his daughter in law? Grandkids?

My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?

Robert York
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answered on Nov 16, 2024

The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: I'm a beneficiary to my brothers retirement receiving monthly lifetime payments from Emerson electric retirement plan is

The retirement plan has so many ammendments i can't determine if I can or can not change it I ve tried contacting the administrator with no luck

Anthony M. Avery
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answered on Nov 18, 2024

You will need an attorney to read the Plan and any associated Handbooks. Beneficiaries rarely can change any part of a retirement plan once vested.

1 Answer | Asked in Estate Planning for Michigan on
Q: Is there any way to leave my estate which includes a checking account, house on property and a vehicle which combined is

worth less than $15,000 to my sister that lives 400 miles away and avoid probate without losing control of them before I pass? Also need to know if I can do it for next to nothing somehow and if none of what I ask is doable, what would you suggest.

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 16, 2024

Sure there are ways from ladybird deeds to naming beneficiaries and SOS affidavits, but without examining details anything offered here would be speculation and not good advice.

Plus, your house, car and bank account are in total worth less than $15k? Something seems off.

Bottom...
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3 Answers | Asked in Estate Planning for Arizona on
Q: Parent passed away. Trust states to divide assets amongst children. There are debts.

Hello,

Parent left behind a trust and a will. The trust states that money owed to his estate, when it comes, is to be divided amongst the children. There are credit card debts however. Since the money was designated to go to the children, must we first satisfy the debt with this money first... View More

Nina Whitehurst
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answered on Nov 16, 2024

The simple answer is most likely yes. More facts would be needed to give a definitive answer. My best advice is you should schedule a consultation with an experienced trust administration attorney.

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2 Answers | Asked in Criminal Law, Estate Planning, Federal Crimes and Stockbroker Fraud for California on
Q: I urgently need help w. fraud forgery & mismanagement of a Trust affecting my rights trustees accountable?

I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More

Julie King
Julie King
answered on Nov 15, 2024

Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

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1 Answer | Asked in Estate Planning for California on
Q: Whos name goes on the deed after mom passed

My mom has a Trust She passed in July 2024 in California My sister is executor whom I don't have a relationship with I'm a beneficiary along with three other siblings My sister refuse to give me a copy of the trust I have sent her demand letter still no response She has this mentality... View More

James L. Arrasmith
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answered on Nov 14, 2024

I'm sorry you're going through this difficult situation. When a property is held in a living trust, it typically transfers to the beneficiaries named in the trust without needing to go through probate. However, the deed usually remains in your mother's name until the trust is... View More

2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More

Julie King
Julie King
answered on Nov 14, 2024

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

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0 Answers | Asked in Estate Planning and Probate for Illinois on
Q: My sister passed away on January 15, 2023 at 8:45 am and on the same day at 6:30 am I sent Her $2000.00 to her cash app.

From my bank account. I got In touch with cash app over 15 times since her death. They will not return my money. How can I get My money back ? I’m the caregiver of her children as well that money could really help us.

1 Answer | Asked in Estate Planning for Virginia on
Q: Our house is in my husbands name. He passes away. Do I have to go through probate in virgina?

Is a living trust needed?

Dominic Paul Lascara
Dominic Paul Lascara
answered on Nov 14, 2024

You should not have to go through probate in the typical fashion because the real estate should pass directly to the heirs at law pursuant the intestate laws of Virginia. I highly recommend you contact an attorney to understand your rights and the process.

0 Answers | Asked in Estate Planning for Texas on
Q: Need appeal attorney concerning my house and what late husband left. I recently got told to leave. I can fight it though

House left in an irrevocable trust. Got proof that husband was not in his right mind when he signed the documents. Had court and Judge ruled in favor of step son. So I might have to move. Is there anything I can do to be able to stay here until I pass away? I was told by an attorney that my case... View More

0 Answers | Asked in Estate Planning and Probate on
Q: Legal rights to information about our family member's deceased estate.

Hi, my brother passed away in Aug this year without a Will. He has 2 children aged 9 and 11 who are his next of kin. He had no spoise or current partner when he passed. His x partner who has been seperated from him for over 3 years and the mother of his children is applying for Letters Of... View More

2 Answers | Asked in Estate Planning for California on
Q: Trustee of my mom’s estate

My mom passed away and I am the trustee of her trust. I am sending out the notification by trustee under probate code section 16061.7. I am also sending out a waiver form to the beneficiaries if any wish to waive the 120 days for contesting the trust. I understand that all the beneficiaries would... View More

Julie King
Julie King
answered on Nov 13, 2024

You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More

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