Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on Oct 26, 2018
No, after death of an individual, the will is set and unchangeable.
Her investments and money was split 50% to my aunt and other 50 split between my brothers and me . I borrowed money w a promissory agreement . They say I stole money etc. I’m a trustee they are not. But my personal situation hasn’t been the greatest . Don’t wanna lose my house . They were... View More 
answered on Aug 29, 2018
You didn't ask a question but if you want to know what you should do, I suggest you hire an attorney to represent you. This sounds like serious allegations against you.
You stated that the family is "trying" to take you to court. I'm not sure what that means. If they... View More
answered on Aug 4, 2018
No, if you jointly bought the house, then you own the house in joint tenancy with rights of survivorship. So if one of you dies, then the other gets the house.
Older brother was caregiver of parents and wages defined by dad in trust. Youngest brother named executor. Several cash cd's involved. Approximately $350000. Dad passed seven years ago. Mom passed in February 2018. Several of the CDs were designated as to be shared equally amongst siblings.... View More
answered on Jul 30, 2018
You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your... View More
My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw... View More
answered on Jun 25, 2018
You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.
Been in the house for about 15 years. Don't pay rent. Not a spouse or child of the title holder. Title holder has children.
answered on May 30, 2018
You have no rights to the property. You will have to ask permission of the title holder's children to remain on the property.
Does she get every thing or does my brother and I get it.We are the only siblings left
answered on May 28, 2018
Without a will, (an assuming she was not married), your sister's children get everything.
Property is in Missouri ! I see theyblisted my question in Ca.
None of the heirs included property in their will. The property is still in their names (5) and great aunt's (all deceased). I am paying prop. taxes. There are 14 cousins. How do we go about selling this property to a neighbor?
answered on May 18, 2018
Since the property is in Missouri, a Missouri attorney will need to be retained to be able to make the transfers and assist with the sale. I am only licensed to practice law in CA so I cannot advise you on specifics of Missouri law. Most likely the Missouri attorney will need to file a probate... View More
answered on May 16, 2018
If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.
Party A owns real estate and is single owner. The TOD lists 5 children as the beneficiaries. One of the children is currently purchasing the property from party A and has a formal loan (mortgage). Upon party A's death what happens with the loan and the property?
answered on Apr 18, 2018
If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.
house and car. My sister wont tell me about the will and her son is telling me I'm rude for asking, I suffer from PTSD and don't want a fight. Do I need to pursue this? Or just let them have everything? (Mom has a beautiful home full of gorgeous antiques. There are things Mom was gonna... View More
answered on Apr 17, 2018
Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.
Family estate in Missouri under 2 Trusts.
Trustee is also a beneficiary.
3 additional beneficiaries, all parties are adults.
2+ years of questionable fiduciary actions by trustee.
Trustee refuses to address documented concerns.
Trustee is using trust monies... View More
answered on Mar 9, 2018
This question is appearing in the Kansas section. You may want to resubmit in the Missouri section.
answered on Feb 18, 2018
If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.
for at least 12 years of our marriage. His children saw him very few times in all those years and never participated in his care. They took him from a re-hab he was in Nov. 25, 2018, and I never heard from them or him again. I had help trying to find him. AND on Feb. 8th the sheriff told me he... View More
answered on Feb 14, 2018
You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.
My father, who recently died, had a will leaving everything to my surviving brother and me equally. I had two brothers who predeceased my father—one brother’s widow died a few years ago and the other brother’s widow has become voluntarily estranged from our family. I believe that she still... View More
answered on Feb 11, 2018
As the beneficiary of your brother's estate, his widow has the ability to contest the will on behalf of her late husband. Just because she has the ability to contest doesn't mean she will. Talk to an estate planning attorney local to you.
My grandmother passed away and of her 2 children (my dad and my aunt) my aunt took everything. Now my father is also deceased and i am the next of kin. Do I have a place to try and get the other half of what was left from my grandmother when she passed?
answered on Feb 1, 2018
Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his... View More
mail there we will not be able to kick her out when he passes. he has a will and ...she is not in it.... does she have any legal rights to his home or things?
answered on Jan 29, 2018
Nope. If she's not paying rent, you can kick her out now. If you want to be formal about it, you can give her 30 days notice and file an eviction notice to have her escorted off the property after those 30 days, but it's really not necessary. As long as she's not married to your... View More
answered on Jan 27, 2018
Sorry to hear you are having to deal with this. What your aunt did was illegal, assuming she is not legally entitled to the items. If she will not cooperate with you and return the items so that they can be distributed pursuant to the will, I recommend that you contact an attorney for legal... View More
Primary states involved: Arizona, Missouri
Man: Resident of Arizona
Woman: Resident of Maryland
Woman: Employed in the state of Missouri, owns house in Missouri where she lives (currently domiciled)
Couple: Domicile in Missouri
Marriage License and... View More
answered on Jan 29, 2018
I see that nobody has answered your question, but I am going to attempt to give you some information.
I am not entirely sure from the question what your mean when you say "community property", but Missouri isn't what is legally known to be a community property state so we... 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.
