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answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More 
Wife owned her home with mortgage paid in full upon our marriage 11 years ago. Since then we have jointly paid the property taxes, home upkeep, maintenance, and each contributed over $40,000 in home upgrades. Is the husband entitled to joint ownership? If so, can he be legally placed on the... View More
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answered on Jun 11, 2024
As a married individual, you do not own real property until you are a grantee on a deed, or either the heir or will devisee of a deceased spouse.
As my grandmother’s POA, If I opened a savings account, solely in my name,
(to be used for her medical expenses/personal care items)
& deposited an inheritance check made out in my grandmother’s name; what happens to the funds remaining in account after she passes?
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answered on May 19, 2024
I would caution you against depositing a check made payable to your grandmother into an account that is in your name. That will look very much like theft or conversion. And that is the case even if you really only do use the money for your grandmother’s benefit. It is very risky for you.... View More
My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More
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answered on May 18, 2024
As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More
I was not in court meeting daughter filed illegal guardianship over me she was awarded money. Can lawyer go after this money I am executor of the will do it have standing
.
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answered on Mar 4, 2024
If your daughter's lawyer has filed a lawsuit against you with the intention of accessing your mother's estate, and you are the sole executor and beneficiary as per the will, the situation requires careful legal handling. Even if your daughter is not named in the will, she may seek a... View More
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answered on Oct 30, 2023
I do not understand your question... But the beneficiary is the noteholder/lender. VA guarantees the loan to the lender. Any payoffs go to the noteholder unless the VA has already took over from a note default, and then VA gets payoff but usually forecloses first.
When I call, they say I "have" to speak with Kathy, who is in charge of estate claims; no one else can help me. I've called many times, left messages on every one of those calls and never had a return call. I am going to try a certified letter, but have no idea if it will reach the... View More
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answered on Jul 18, 2023
Is the claim properly filed against the Estate? If not, or there other defenses, it is your duty to contest the claim in Court. Your objection can be served at the given address. If a legitimate claim, then pay it prior to asking to close the Estate, and get a receipt. Hire a WV attorney to... View More
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answered on Dec 19, 2022
Being in prison does not forfeit your rights of inheritance. But it is difficult to get what is yours. Hire a competent lawyer to assert your claims, and be cognizant of Exemption Rights if there are claims against you. The lawyer can hold your money in trust until you get out on Parole.
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answered on May 17, 2022
If the property goes through his Estate, then it has a cloud on the Title. No reasonable purchaser would want such title, but they might buy it cheap and get a Quit Claim Deed. If she is the executrix, it might be grounds to remove her.
We bought a home 15 years prior and had a quick claim deed on it because I wasn’t on the mortgage because we got a cheaper interest-rate that way his daughter talked us into refinancing to get a lower payment and I was told I needed to attend the closing of the refinancing to sign a disclosure... View More
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answered on Apr 3, 2022
As a general rule, signing something you did not understand or, worse, did not even read, is not an excuse for the legal consequences of what you signed. You should have read the document. If you did not understand it, you should have hired an attorney to advise you.
That said, the person... View More
as she wishes which however is currently financed and my son (me) is responsible for the payement” Right to occupy or Life Estate? Also, What are my rights as the land owner? The widow and I have been fighting for well over a year now as to what the will is or isn’t. Any help would be appreciated.
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answered on Oct 2, 2021
It sounds like you might be dealing with a poorly drafted right of occupancy. You should take this to an estate planning attorney or trust administration attorney for review and assistance. If the right of occupancy was set out in the will, your attorney can help you petition the court handing... View More
The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will
answered on May 2, 2021
A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but... View More
My father had a trust set up in his will but the bank wants to resign as the trustee cause they dont think it would be feasible for us to have them as the trustee. Do we have to probate my fathers will
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answered on Dec 16, 2020
If there is no successor trustee named and there is no mechanism for appointing a successor trustee, and if all of the assets are in the trust, then you might not need a probate. More likely you will need to go to court to get a trustee appointed, then the trustee can administer the trust estate.
Deed of mother(deceased) granting right of survivorship to myself,brother,sister. Brother that is ill, deeded in will his third of the property to his son. 78 acres was supposed to be equally divided between the three of us with the property going to last survivor as stated in deed. Have not seen... View More
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answered on Feb 11, 2020
A joint tenancy cannot be broken by a will. When one of the siblings dies his or her share will pass to the others pursuant to the survivorship aspect of the existing vesting.
Mother was a Virginia state employee. Probate in West Virginia. No will. Listed heir is myself, sister, and deceased sister’s two daughters by West Virginia law.
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answered on Jan 28, 2020
Usually it is possible to make an appointment to visit an incarcerated person, and you can even slide papers to them through a slot for them so sign. You might want to think about asking the incarcerated person to sign a power of attorney as well in order to make things easier in the future.
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answered on Sep 13, 2019
No. An interested party cannot be a witness, nor can the notary. Find two individuals who are unrelated, not inheriting under the will, and not also serving as notary.
I want to get information about estate planning.
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answered on Sep 5, 2019
Your best bet is to call an elder law attorney in your area and tell him or her that you are interested in pursuing Medicaid pre-planning.
"I hereby give, devise and bequeath all of the rest and remainder of my real estate and the furniture and appliances in the house, and the remainder of my personal property to xxx." The testator only owned one piece of real estate with a house on it.
answered on Nov 1, 2015
It sure sounds like one to me. What does the case law in your state say about this?
My grand parents died and left their estate to be divided between 8 grandkids.
answered on Mar 13, 2011
It depends. Do you trust the person named in the will as the executor? Has the executor hired an attorney to assist them in administering the estate? How much money is in the estate? You probably don't need an attorney unless there is a lot of money in the estate and you don't get along... View More
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