Brandon M Haubert's answer No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his spouse and children.
Skye Martin's answer She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.
Terry Lynn Garrett's answer If the life insurance policy named a beneficiary, that beneficiary may only need a death certificate. If it named no beneficiary or named the estate, contact a probate lawyer in the county where she died or held real property and apply to probate her estate.
Brandon M Haubert's answer It depends in the language in the trust. The trust could limit the trustee's removal. If you don't have a copy of the trust, you can request one from the trustee. Then go see a lawyer.
When the entire body of the will and the signature shall be written in the proper handwriting of the testator, the will may be established by the evidence of at least three (3) credible disinterested witnesses to the handwriting and signature of the testator, notwithstanding there may be no attesting witnesses to the will.
Kenneth V Zichi's answer There are ALL KINDS of alligators wading in the swamp you're discussing. GENERALLY you can make a trust to benefit as few or as many people as you want. But while that may be the short answer to your question, it misses the complications that may make any trust you create invalid or subject to challenge.
One of the big myths is that trusts can't be challenged like wills can. Sorry, but that is wrong.
Similarly, there are rules that need to be followed for a trust to be...
Kenneth V Zichi's answer ANYONE with a couple hundred dollars can sue if they feel aggrieved. YOUR job would be to eliminate as many possible arguments as possible. By failing to name someone who would otherwise inherit you've opened up an argument for him. He could say 'well mom/dad was getting old and they just FORGOT about me' or something similar. I ALWAYS name all the children even if they are inheriting nothing.
The attorney who drafted the trust should have been aware of this too. You DID have an...
Brandon M Haubert's answer If you are an only child you will inherit under law. Only meaning the only child your father ever had. Not the only child still alive. You may want consult with a lawyer on ways to avoid probate.
Brandon M Haubert's answer You might. It will depend on what your father owned and how it was titled. If he owned it in his name and his name alone with no beneficiary designation, then you may need to open a probate.
Brandon M Haubert's answer You can revoke the power of attorney by signing a new one or just signing a revocation of the old one. You can draft a handwritten will if you want, but it will not revoke the power of attorney. That being said, a simple revocation of power of attorney will do that.
Terrence H Thorgaard's answer The word is "heirs". If there is a will, she doesn't have a choice whether or not it is filed in court. It is not clear what interest you have in the matter, but if they can prove that there was a will leaving the home to him, the children should insist that the will be honored and the home be distributed to them.
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