Get free answers to your Estate Planning legal questions from lawyers in your area.
Your current state is Ohio
I want to just file one POA that covers everything including Healthcare decisions
answered on Oct 15, 2024
Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024
That depends? Is there a will? If so what does it say? If there is no will, it depends on where you live and what the law of intestacy dictates in your law. The fact that you stated "only living child" might imply that there are other children that predeceased, it might also mean there... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024
In Massachusetts, once you are appointed as a personal representative, you generally have up to one year to complete the probate process and settle the estate. This timeframe includes gathering and valuing assets, paying debts and taxes, and distributing the remaining property to the beneficiaries.... View More
Background: House located in NYC/Kings County
Characters: Mother (deceased), father, self, brother, half-brother
Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More
answered on Oct 13, 2024
The father likely inherits as the surviving spouse but the language in the deed will govern it.
answered on Oct 13, 2024
Does the lawyer know you have an existing trust? If not, that could be why he or she didn't ask. If you have one, it wouldn't hurt to bring a copy. I would not judge this lawyer's competency until you've actually sat down with him or her.
I have two siblings and my sister died owning land. I want to sell it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024
Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More
Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024
I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More
Don’t think trust has beneficiaries assigned
answered on Oct 12, 2024
A lawyer would need to read the trust to make that determination on whether this "asset" if you want to call it that passes thru the trust or thru the normal process if he had a will or through intestate succession.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 12, 2024
If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.
Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters... View More
A family member keeps falling for scams and has given almost all of his retirement money away to fraudsters. Can you become a conservator for someone who is constantly giving money away to fraudsters?
answered on Oct 12, 2024
You may want to get in contact with Adult Protective Services.
If the person is no longer legally competent, you can file an action for a guardianship or conservatorship to establish someone as their legal guardian or conservator.
answered on Oct 11, 2024
First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024
In California, a will generally needs to be signed by the testator and witnessed by two individuals to be valid. The law does not allow notarization to substitute for the two required witnesses. Even if the will is notarized, it may not meet the formal requirements for probate without witnesses.... View More
The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok
answered on Oct 11, 2024
Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More
I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024
There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.
The?
Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.
answered on Oct 10, 2024
The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More
cards and doesnt know what account his check is supposed to go in.
what do i need to do ?
answered on Oct 10, 2024
Contact the local Social Security Administration office. Make sure to have the Power of Attorney (or POA) ready to send to them to prove you have the individual's authority to make the inquiry. You should also be able to access all of his bank accounts with the POA.
US Bank Trust National Association, as trustee of the LB-Ranch Series V Trust by SN Servicing Corp. as attorney in fact, of Eureka, Calif., sold a residence at 212 S.E. Front in La Prairie to Mike Fuhrman of La Prairie for $12,000 on May 30. I don't understand the beginning of this statement... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024
It sounds like the trust managing your grandparents' estate took action to sell the property. The US Bank Trust National Association acted as the trustee, meaning they were responsible for handling the assets in the trust. Sometimes, when an estate isn't actively managed, the trustee may... View More
answered on Oct 17, 2024
Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.
The most common situation where this comes up is where a person... View More
My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024
I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More
answered on Oct 7, 2024
The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
