Jeffrey Louis Gaffney's answer You need to have the house put in both of your names as Joint Tenants. Otherwise, you have no interest in the house at all when he dies or if you split up. If you are helping to pay the mortgage, you should be getting some equity for that.
It would also be nice if he had a Will that included taking care of you and the kids you have in common.
Jeffrey Louis Gaffney's answer You have the right to ask the judge that you be appointed the petitioner instead. You are probably the more natural choice for the job.
You could try this without an attorney, but as with any event in front of the court you are much better served to have your own experienced counsel. Call your local bar association referral service and tell them what you need.
A conservator can have different powers, depending on what the judge grants. It may include power over his real...
John B. Palley's answer The ex may make a claim but that will be dealt with when it happens. The cost of probate is based on the value of the house. I have a probate fee calculator on my website which can give you an estimate of cost. https://californiaprobate.info/probate-fee-calculator/
Gerald Barry Dorfman's answer Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.
Bill Sweeney's answer Unless the trust document provides otherwise, if a beneficiary survives the decedent but then dies later, the deceased beneficiary's share of the estate typically becomes part of the deceased beneficiary’s estate. Consequently, the deceased beneficiary's Will would provide for distribution. If there is no Will the father's estate would be distributed intestate.
Gerald Barry Dorfman's answer A lot depends on the source of the money used for the purchase, and what other possible heirs there are besides yourself. Even if everything points to you being the sole heir, it would be beneficial to have the entire estate covered by a living trust or a will. Alternatively, there are ways a deed can be set up to make transfer on death simple. If you are going to remain in the home, you will be able to "assume" (take over) the mortgage.
Richard Samuel Price's answer A power of attorney only allows the agent to make financial transactions for the principal, and it terminates at the death of the principal. Your mother's husband's will and how the assets are held will determine who gets the assets at his death, not his power of attorney.
The Trustee may not have any choice about making the gifts. At the death of the Uncle, the Trust may have become irrevocable with instructions about the Aunt if she becomes a Special Needs person, with severe limits about what the Trustee can do with the money. The Trustee may just be worried there isn't enough money left to care for Auntie.
Ali Shahrestani, Esq.'s answer Did she spend any of the money after she was notified of objections to the inheritance, including any court filed documents informing her that there was pending litigation re: the inheritance? If so, she might have violated court orders by spending the money. It really depends on the facts and related court proceedings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney who handles Probate Litigation. You...
Jeffrey Louis Gaffney's answer Do you mean how do you amend the Conservatorship? There is no easy way. You basically have to start the entire process over again from scratch. File the Petition and wait for your court date while the court conducts its investigation.
If you have a Power of Attorney from your mother then you don't need to do this at all -- you already would have the authority granted to you.
Genene N. Dunn's answer You usually have to start with a request as you have done so and the law typically gives them 60 days to respond. If you still aren't provided with the proper information by then your only recourse is to file a trust petition with the court. This is not a full lawsuit, but rather a petition asking for certain things from the court. It could result in litigation, but it does not automatically go there.
Perhaps that may provide some initial guidance to you on how TODs work. Maybe there was an error made somewhere along the line? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
Ben F Meek III's answer Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
Sally Bergman's answer I don't believe there's any way you can avoid having to retain a lawyer to assist you with this matter, particularly if there are family members or other beneficiaries who may dispute the existence or terms of the trust. If the home was titled in the name of the trust, that's a good start, but there are many other issues and hurdles that will have to be dealt with before you can sell the home. There's always the possibility that probate might be required, but an attorney would explore all...
Sally Bergman's answer While you do not need an attorney to do a durable power of attorney in California there are circumstances in which consultation with an attorney is advisable. For example, if the person is in the early stages of any type of dementia or if they may need to qualify for long-term Medi-Cal benefits in the future, an elder law attorney would craft a power of attorney very specific to those situations that are rarely seen in any standard document, but which can be very critical.
Genene N. Dunn's answer A suicide can serve as a holographic will depending on the context of the note itself. I have had 2 suicide notes that have been held up as valid wills. Unfortunately your husband's rights will most likely be limited as long as he is alive as his parents are still considered his heirs. It all depends on what the notes say but your husband might not have a right to see them as long as he is alive. The parents have some rights as heirs, but that might change depending on if the note is a valid...
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