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 »
I know this sounds pretty easy but my confusion is in naming a different guardian. Do i have to specifically call her out? If i name my in-laws first and I die, does my wife share custody with them? Or does she by default get full custody, and so they would not have to look at my will for purposes... Read more »
#1. The address change should not make a material difference with regard to your will being valid.
#2. If your will disposes of the "residue" of your estate, which all well drafted wills should, then your condo would be included in that residue and would be distributed according to who you...Read more »
my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.
The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the...Read more »
Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.
This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:
1. It is not listed as the type of account...Read more »
When the law firm handling the estate provides the final distribution checks, do they also owe (are they required to send) a copy of the final estate accounting to all of the listed beneficiaries? Or is the final accounting only due to the executor, and to the probate court? If the final accounting... Read more »
Yes, the Executor (or attorney representing the executor) is required to provide notice to all beneficiaries of an estate with regard to the final accounting. This is a Probate Court form that the Executor completes which shows all of the money that came into the estate and all of the expeneses...Read more »
The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the...Read more »
co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?
Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to...Read more »
If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing...Read more »
No beneficiary on the life insurance but company deemed my son the rightful recipient because I'm an ex the probate judge made me financial guardian although funds have to be in a restricted account. How can I get the restriction lifted? Possible?
You should hire a lawyer to help you in working with the Probate Court. The restricted account is designed to protect your son from you spending money for inappropriate purposes. Each year you must account to the court down to the penny on where the money was spent. This is a serious...Read more »
He has cerebral palsey but had always handled his own money, maunly stock holdings given by his father. His father and mother have passed, his sister and bro in law now control his money in a trust. He has grown unhappy with this arrangement. Can he regain control over his money, apparently between... Read more »
This question requires much more information to give a good answer. 1. it depends what type of trust. is it revocable, irrevocable, is it a special needs trust? 2. is your friend on government benefits? if so he would not want to have control over the assets as he would likely be disqualified from...Read more »
Generally i would say that this would be a countable asset of the grandparent. However, there may be some ways to transfer it to the child and argue to DSS that this is valid. However, that may not always work. More research would need to be done on the situation to give a better answer. For that...Read more »
Can he stated I'm not allowed to drive the car in both our name or co m e an arms distance to the rental property we own and deposit our joint taxes in our account but not spend a dime without his permission.
Your question is not fully clear so my answer is conditioned upon my reading of the question. When you say "revoke my power of attorney" that to me means you have executed a power of attorney instrument for yourself, naming someone as your agent. If that is the case then no he cannot revoke a...Read more »
Go to the local probate court in the town/district that your mom lived in as of the date of her death, or where she owned property as of the date of her death. If that was where the estate was probated you should find all of the court filings there and can determine who probated the estate. Has a...Read more »
Generally no. Once the final accounting is submitted to the court, the court will notify all beneficiaries that they have a right to a hearing to appeal or contest the approval of the final account. If no one asks for a hearing or disputes the final account, the court will approval. If the court...Read more »
My mother died, I was deemed executrix of estate when no will as found. At that time, I discovered for 25+ years, she put me on property title as half owner since 1988. So, However, the will was ultimately found and I was deemed sole beneficiary of his property and assets. I filed the... Read more »
You've scrambled pronouns around so it is hard to determine who you are talking about with 'his' property ... both you and your mother are female, right? If Probate is still open and property not yet distributed, it is simply a matter of having the new will 'admitted' for administration, and then...Read more »
This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for...Read more »
The answer to this would depend on a number of factors including the powers given to the POA in the authorizing document. If you are POA and are considering establishing a trust, you should definitely be working closely with an attorney to determine if this is the best course of action. At that...Read more »
I want to have a document of some sort that states if my husband and I die, my son is to be placed in the custody of my best friend. If I type a document and have it notarized with both of our signatures will it be legally upheld in the case that we do both pass away? Or is there something else I... Read more »
If both you and your husband were to pass away without a will in place stating who you would like to name as guardian of your son, the Probate Court would decide who is appointed to this position. The Probate Court may take into consideraton this document when making its decision, but only if it is...Read more »
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