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We have been advised that if she allows us to add our name to the property and the mobile home on the property it could be considered a gift and we would be liable for taxes. Would it be better to probate it when she passes? The property is only worth about $45,000.
answered on Jan 27, 2016
You really have three options. One, create a life estate trust with the real estate (avoids probate, but is probably not cost-effective for your situation). Two, allow the property to transfer at probate; estate tax will very likely not apply, but probate takes time (usually 1-2 years and can be... View More 
I inherited $50,000 when my grandfather died. My mom, who is mentally ill, found loop holes to access this money. It was not supposed to be used until I was 18, it's intended purpose was to pay for my college. My mom spent all of it. Can I sue the bank for letting my mom access my money and... View More
answered on Jan 23, 2016
It depends, if your mother was named on the account (which is very likely) then no the bank cannot be sued. However, if your mother is not on the account or your trustee then the bank should not has distributed the money as suit is possible. If your mother committed fraud, then it depends on... View More
Because I am medically disabled, cannot leave my home without extreme difficulty due to agoraphobia, and cannot afford an attorney?
answered on Jan 22, 2016
What you want is a durable power of attorney, medical directive, and durable medical power of attorney. The costs are quite low. DIY forms can be a low as $20-$30 for each document (they are ok, but not great). Most attorneys offer packages. By way of comparison, I offer a simple estate package for... View More
I live in Colorado and I need to have this done for Ohio. My sister passed away this past January without an estate or will. She was having funds sent to a savings and loan from her retirement pay. The bank told me that I need to do this in order to claim these funds.
answered on Nov 5, 2015
An attorney in Ohio (assuming that is where your sister resided) will be able to help you do this. Call one.
answered on Oct 12, 2015
You should ask one in your state. They will not charge you for simply asking for an estimate.
My mom passed in March. My sister lives close and decided to handle the sale of the house on her own. I offered to help however I could. Come to find out, it was a cash sale that happened over a month ago that nobody decided to tell me about. I gave the lawyer that she acquired a POA to sign... View More
answered on Oct 4, 2015
From the information you provided, you may have a claim of breach of fiduciary duty and/or malpractice towards the attorney and you may have a claim against your sister too. You will need an attorney for these matters.
Am I now an heir since I am her son? What legal penalties does the executor face if they do not execute in a timely manner? This probate case started in 2006 and no action has been taking on it. How can one "force" the executor to execute the will?
answered on Oct 4, 2015
Your case is difficult and you arguably will need an attorney to help solve this, but here is some background information that may help.
(1) Colorado has an anti-lapse statute which prevents the traditional common law solution in which your grandmother's devise would lapse and return... View More
Biological father has relinquished guardianship to grandparents (deceased mother's parents) of minor heir.
answered on Sep 27, 2015
Well, what are the assets of the estate? If there are no assets of the estate, probably not. If there are, maybe. Go see a local probate attorney about this.
The estate was large. In addition to keeping over 5 million, my mothers tax document states that we received $ when we did not get a dime! Right after my step dad passed they sold my moms condo for 100,000 under market value so they wouldn't have to pay the pa estate tax.
My estranged... View More
answered on Sep 21, 2015
You must get a probate attorney on your side. It appears the estate is in PA, and you need one there.
answered on Sep 14, 2015
Natural born children and grandchildren, and usually children that were adopted.
She has an old handwritten will that no longer has valid account info. My name and my sister's name is on most all of her assets. She thinks this is good enough to stay out of probate upon her death. Is this correct? She lives in Topeka, KS.
answered on Sep 13, 2015
Possibly, if all of her financial accounts are joint accounts with survivorship options, and if the real estate (the house) is titled as a joint tenancy with right of survivorship (JTWROS). She should double-check with the financial institutions that probate wouldn't be necessary, and also... View More
My mother died almost four years ago's. In her will she gave various things to my brother and I including a piece of property that is been in our family for over 50 years. My stepfather is not signing over the land to my brother and I. He wants to sell the land so he can have the money. What... View More
answered on Aug 13, 2015
It depends upon how the land was owned. Did she own the land jointly with her husband, with a right of survivorship? If so, he may well be entitled to keep it. If, however, it is in her estate, he wouldn't have to sign it over in any case. A probate case should be opened and a judge should... View More
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