Your current state is Ohio
The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.
answered on Apr 24, 2024
Take the POA to any estate planning attorney near you, they will tell you what you can or can not do. They can help you draft the trust if it falls within the power of the POA.
Our dad passed away 11 years ago and my mom 1 year ago. Right now the property is in an estate and my sister wants it and started building on it already. And shouldn't she buy the other siblings out?
answered on Apr 24, 2024
It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More
My cousin took the will and put her name on the account so I would not have access to anything
answered on Apr 24, 2024
You should open a probate estate in the county where your loved one died. If a will exists, you can file that will with the Court to inform how the estate should be distributed. Without more information I am unable to give any more specific advice. What account? Who is the deceased?
My mother died in Oregon but had a couple of small (<$2k) bank accounts in California. Do I have to file in California to claim this property? What about an out-of-state pension to which I have a claim on the residue? Can I just file a Small Estate Affidavit here in Oregon, get appointed... View More
answered on Apr 24, 2024
If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit... View More
The cameras are attached to the house. I want to know where the law falls on security cameras and hired service workers.
My daughter formed a trust on my mother’s assets. Unbeknownst to me when my mother died, I discovered that I inherited nothing. I got a copy of the trust and I don’t understand what it means. I am listed third under my daughters as a lifetime beneficiary. What rights do I have? In another... View More
The will is typed up. Does this invalidate it here in Oklahoma
My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets
My uncle has a farm land contract between him and his parents who are now both deceased. The Estate is supposed to be divided between all of the siblings and it was just found out that the land was not paid for but instead there is a land contract. There should be a lot of money to be divided... View More
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
I have had 2 OH lawyers say that an OH lawyer has to create my Trust since I reside in OH, but I own several rental properties and a second home in TN. The TN lawyer said he absolutely can create my trust.
Does one state trump the other or is it a free for all?
answered on Apr 22, 2024
You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More
There is HEMS clause where he has authority to use the principal furthermore he stated that ultimately the principal goes to charity when it’s plainly written it goes to my daughter.
answered on Apr 22, 2024
You may want to engage an attorney to explain your rights under the trust instrument. The exact language used by the drafter is critical here.
In the docs, she's mentioned as co-trustee and is at least be given $50k while her brother has purchased a yacht, Corvette and has taken funds to establish a new trust called the MORGAN LONG FAMILY TRUST! The trust amount is over $10mm
answered on Apr 22, 2024
It sounds like your friend's situation is quite complex. If your friend was previously deemed incapacitated but is now able to inherit from a trust, it suggests that there have been significant legal and perhaps medical changes in her circumstances.
It's good to hear that... View More
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
We want to make sure legally that only 2 of my children and 1 of his split everything 3 ways and for it to be legally binding
answered on Apr 22, 2024
You need to create a Last Will and Testament and/or Revocable Trust to accomplish your goal. If you want to ensure that one child is disinherited I highly recommend that you utilize the services of a legal expert and not an online form. In the alternative, you could title your financial accounts as... View More
She is acting crazy yelling out the window, sitting on neighbors porches, leaves her front door wide open and yells at people who park in front of her house. She has been hospitalized many times has spent time at behavioral health facilities. She just keeps getting released to
Home. She... View More
answered on Apr 20, 2024
Look for an attorney to help you file a petition for guardianship or conservatorship.
answered on Apr 22, 2024
In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More
answered on Apr 20, 2024
Yes, you can request official data about a deceased person from Virginia online. The Virginia Department of Health’s Division of Vital Records provides access to death certificates and other vital records. These documents can be requested through their official website or through other online... View More
I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names
answered on Apr 19, 2024
I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:
1. Check county records: Visit the county recorder's office where your father's properties... View More
Daughters grandmother (my M.I.L.) died suddenly and w/o a will. Brother-In-Law has little $ currently to buy may child out. He wants the home. He will do repairs while living there. How do we calculate her split of $ in the future if appraisal increases due to equity and time? The main point is... View More
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