I am the second named successor trustee of an irrevocable trust and the trust document’s only wording regarding succession states, “If ___ fails to act for any reason, then ____ shall act without bond”
First try to get the first named trustee to sign a resignation. Or, if a trust protector is named in the trust document, ask the trust protector to remove the first named trustee. If the foregoing doesn't work, hire a trust administration attorney to review the trust document to see what your...Read more »
Paid atty in order to get finacial records they would not give me because they could not interrupt the terms in the trust to determine what my interest was . I refused to sign a release of liabilities and the trustee refused to guve me an early distribution . The trustee Than charged me for the... Read more »
The best source of advice for this situation is your existing attorney, who knows the facts and circumstances better than anyone else besides yourself. If you are dissatisfied with your existing attorney, it is within your power to fire him or her and hire another attorney. Be prepared, however,...Read more »
You need to identify which items in your mother's estate were her community property with your stepfather and which were her separate property. Under California law, your stepfather will inherit all of your mother's community property and one-third of her separate property. Your mother's children...Read more »
It is not possible to answer your question without more information. Most likely yes you are liable to the extent of your half of the community property but there are rare circumstances in which you would not be liable. You really need to consult with an attorney about your individual circumstances.
He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are named... Read more »
I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »
Wife started probate and then disappeared. My FIL is the next living heir. This has been in the courts for almost 10 yrs. There is a notice of potential heir (my FIL) stated in the court records but nothing else has been done. Last update to the record was 01/30/19. January will mark 10 yrs... Read more »
She took the car keys, the laptop the phone and still never called anyone she lied to the mortuary and said he was homeless with no family she cannot afford to pay for the cremation but she told us we have no rights We believe she was undue influence on him She will not show the will And just left... Read more »
Powers of attorney have no effect after the principal dies. She has no authority.
Your best recourse is to hire a local probate attorney to help you probate the decedent's estate. If you don't have access the will, but you believe that she does, you can get the court to order her to turn...Read more »
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once...Read more »
It is impossible to provide you with a quality response because there are so many missing details and the information you have provided could be interpreted in different ways. That said, IF all of your father's possessions passed to your mother and IF the POA has the authority to handle her...Read more »
One brother wants to buy house which we agree on. Now we are told to add it to the trust by a lawyer retained by this sibling who is also the executor of the trust? Is that necessary? If so why and what are the advantages?
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.
Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
My sister and I live in MA, My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance.... Read more »
Under Arizona law, when a married person dies without a will and has children from a previous marriage, the children from the previous marriage are entitled to one-half of all property that belonged solely to the person who died and half of the deceased's half of the community property. What...Read more »
I am a niece only. There are no spouses, no children, no sisters, no brothers, I am the only niece and only family. She lived 40 miles from me however, she was sort of a recluse. Her mobile home isn't worth more than 5K and an old car. How do I take possession of items left in the mobile home, as... Read more »
If you are truly the sole and closest living relative, you may file a small estate affidavit with the probate court (under $75,000 if she did not own the property on which the trailer sits, under $100,000 if there is "real property" (real estate) involved. There are a number of websites (use the...Read more »
I am filing for divorce, we bought a house together under his name only after we had a foreclosure under my name. We were married a year after. we both have always paid 1/2 of the bills and even the down payment for the house was 1/2. we refinance and added my name 3 years ago. I do... Read more »
In Arizona you are entitled to 50% of the community assets and responsible for 50% of the community debt unless you have evidence to clearly demonstrate why there should be an inequitable distribution.
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