I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he owned,...Read more »
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or beneficiary...Read more »
I recently refinanced my home and required a cosigner since I lost my job due to disability. My mother was listed on the closing documents as a borrower. On the Loan Application it states under “The title will be listed in what names: Theodore xxxxx, Elvira xxxxx. The next box states, “Manner... Read more »
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your...Read more »
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the...Read more »
It depends. First if you have a will then that will govern who inherits your house at death. If you do not have a will then the CT rules of intestacy govern who inherits your house. The rules depend on whether you have children and a variety of other factors. Surprisingly, usually the spouse...Read more »
Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.
Reading between the lines. It sounds like someone died in GA and chose to...Read more »
Connecticut allows handwritten (Holographic) wills under certain circumstances. The will must comply with all of the other requirements, including witnesses. A beneficiary cannot be witness to the will, unless they are also an heir (meaning someone who would get a part of the estate if there were...Read more »
With survivorship. The account was used to pay bills etc and was not included in the will. In her will she stated her estate to be divided by 8 children. My sibling is accusing me of taking money from bank account and says he won’t give me anything from the estate. Could he do this legally? Could... Read more »
The funds in the joint account became yours upon your mother's death and you are entitled to keep them. That being said, if your name was added as a convenience, and your mother did not explicitly say she wanted you to have the money and not include it as part of the estate, your brother could...Read more »
The answer to that seemingly simple question is rather complex. To start, you should be considering setting up a couple of special needs trusts (SNT's). The first trust would be a 3rd party SNT, which is funded by assets owned by a third party (meaning not your child). The second trust is a "1st...Read more »
If you are a beneficiary of the trust, you have the right to ask the probate court to get involved to look at your complaints about how he is handling things. Whether the court will remove him depends on the nature of the problems and probably on the terms of the trust. You should contact an...Read more »
This is a hard question. Even a person with dementia may have the mental capacity to sign a will or codicil if he knows what he is signing, knows the natural objects of his bounty (his children, relatives, etc.) and knows the extent of his estate.
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »
You can contact the probate court and possibly ask that the executor be removed for failing to act in accordance with the will. My best advice is to start with the probate court. Even a letter to the judge may get the issue front and center.
This would be what is called "self-dealing." If the POA document itself allows self dealing transactions, it would most likely be ok assuming that the terms of the transaction are fair. But self-dealing transactions are looked at very closely, so it needs to be a fair deal based on fair values.
Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the will.... Read more »
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.