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Your current state is Ohio
I do not live in the area where the will is needing to be probated.
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answered on Sep 29, 2024
Will has no effect unless filed for Probate, so hire a competent VA attorney.
My dad passed away in 2023, with no will or anything to prepare for this type of event. My uncle co owned a few stores that him and my dad shared. After the passing of our father, my uncle my sister and myself all came to a verbal agreement on what would happen with my dads share in the stores. my... View More 
answered on Sep 27, 2024
Your situation involves more than one area of law, including partnership, contract and probate. You can not solve such a complex situation by posting on an online forum. In fact, it is not in your interest to do so, as anyone, including your uncle and other interested parties, can see what you have... View More
I contacted the law firm that created the will and know the lawyer. I was told they would call me right back and haven't heard anything. My brother and I are the only surviving relatives. I wanted to if I had the right to see the will. There is also the question of what happens if it was... View More
answered on Sep 27, 2024
One way for a testator to revoke a will is through physical obliteration - tearing it up, marking through it, burning it, etc. Many lawyers will not keep an original will because it would deprive the testator of the ability to revoke a will in this manner. Instead, the lawyer or law firm may make... View More
I'm seeing a lot of social media "gurus" tout this specific language when referring to set up a trust. They say a lawyer cannot set these up and the only way to sue the trust is in the supreme Court.
It's very obvious that this is a scam but without a legal background I... View More
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answered on Sep 29, 2024
The IRS released a memo on August 9, 2023, discussing non-grantor, irrevocable, complex, discretionary, spendthrift trust.
The memo was limited to rebutting the promoters misinterpretation of IRC 643 on the avoidance of income tax. The link to the memo is below.... View More
Im 36 fully own a property with home and want to know the best and secure way to ensure the transfer of ownership to my daughter in the situation of my sudden demise so the property can't be legally sold or anything without my daughter being a legal adult to make her own decisions regarding... View More
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answered on Sep 27, 2024
Placing the home in a revocable living trust would work well in this situation. You retain total control during your lifetime and when you pass the house passes to a successor trustee for the benefit of your daughter. You would want to put all of your assets in the trust so they can all be managed... View More
I’m reaching out from Galveston, Texas. I am currently facing an urgent legal matter regarding the estate of my late grandfather, xxx, in South Africa. I’m seeking your assistance and would greatly appreciate a free consultation to explore how I can move forward with this complex case.
answered on Oct 10, 2024
This forum deals mostly with U.S. law and courts. You could check with regional attorney directories in South Africa, and also with local bar associations. Most bar association websites have sections for attorney referrals. Good luck
We are in litigation with the neighbor next door. My lawyers hate me, I think they have issues with strong, smart women, so they have left me off all communications and have referred to me as "resides with the Plaintiff." The house is in a trust and we are both trustees. Don't I... View More
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answered on Sep 26, 2024
In a trust where both of you are co-trustees, you both generally have equal authority and responsibility in managing trust assets. This includes legal matters related to the property held in the trust, such as disputes over property lines. It’s important that both trustees are kept informed and... View More
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answered on Sep 26, 2024
Yes... Hire a VA attorney to search the title and determine heirship.
He did make initial payments and then fell behind and now fails to return any calls or communications or make payments
answered on Sep 28, 2024
Something definitely sounds suspicious, and there appear to be some conflict of interest issues and possible violations of the Attorney Rules of Professional Conduct. You should contact the LA Office of Disciplinary Counsel to discuss the matter with them and file a complaint... View More
My dad wants to do a life estate so me, mom and my step-brother can have the house without going through probate. Will getting the house affect mine and my moms SSI and Medicaid? We are keeping it to live in as our primary residence in RI. My step-brother owns his own home, will that affect his... View More
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answered on Sep 25, 2024
If your father creates a life estate and transfers the house to you, your mom, and your step-brother, it likely won’t affect your SSI and Medicaid benefits as long as you continue to use the house as your primary residence. For Medicaid, one primary residence is generally considered an exempt... View More
Im drawing up a life estate deed and want to name biological son, step-son and there mother whom I was never married to. I want my son and his mom to live in the home’ for life’. My step-son owns his own home but don’t want to leave him out..Will that be an investment property to my step-son... View More
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answered on Sep 25, 2024
Your intentions are unclear. Do you want to grant a life estate to your son and his mother for their joint lives, remainder to you? (So you move out while they are alive and then move back in when they die.) Or do you want to convey the property to them, reserving a life estate to yourself? (You... View More
One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More
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answered on Sep 25, 2024
You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.
My question is since I'm her only child don't I have a say in some of this
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answered on Sep 24, 2024
Hire a TX attorney to search the title, and possibly determine heirship. Payment of taxes may be significant here. A recorded Affidavit of Heirship or a Partition Action may be needed.
I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?
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answered on Oct 3, 2024
Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas,... View More
My mother recently died in Lawrence County Ohio. She has 2 children, myself, a 44 year old Kentucky resident, and my sister, a 49 year old West Virginia resident. Her estate only consists of a 2009 Honda Civic, no other assets, no owed debts. What is our best course of action since neither of us... View More
answered on Sep 24, 2024
It sounds like the estate may qualify for a simplified proceeding to handle the vehicle. Unfortunately, a Court process is still involved. Depending on what estate documents are in place you may need to retain local counsel to handle the matter for you.
I recommend setting up a... View More
i found that my mothers name was changed from hers to a mans and lists Schwartz and wilson as the executor. which looks like its funneled into Schwartz trust Lincolnton n.c.
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answered on Sep 24, 2024
You will need to hire a NC attorney to investigate this. Also ask your relatives what happened.
Not TOD but joint owner of acct.
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answered on Sep 23, 2024
It sounds like no assets will be available to probate once mother dies. Nephew is already the owner. Preparing for a will contest might be advisable, but at least to talk to Mother to explain what she has done so that Will has no effect.
My grandmother left her money in a trust after she died in CA. Per my mother- my grandmother left me a portion of the trust to pay out upon my mother's death. In the interim my mother also has access to the trust/ money. If my mother and I have a falling out, can she change the trust so that I... View More
answered on Sep 23, 2024
Unfortunately, a lawyer would need to read the language of the specific trust at issue before we know how to advise you. Speaking generally, if money is left in a trust and any LEFTOVER money goes to you, in most instances, the money is your mother's to do with as she pleases (just like any... View More
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
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