Mark Oakley's answer She should not have any assets in her name or jointly with yours. You should establish a special needs trust to hold any assets you leave her in your will. That will protect the assets from disqualifying her from her benefits, while at the same time preserving the assets for her benefit and needs.
Sally Bergman's answer These are all questions that should be answered by the terms of the trust. If you have any doubt, you need to have an attorney look at the trust document and evaluate what needs to be done.
Terry Lynn Garrett's answer If your husband left a Will, his Will governs except for assets on which there was a designated beneficiary (such as life insurance, a 401k or IRA or a pay on death or joint with right of survivorship bank account).
If your husband did not leave a Will, the Texas laws of descent and distribution govern (again, except for assets on which there was a designated beneficiary) . If he has children who are not also your children, they are entitled to part of his estate. However, you have...
David Lacher's answer No probate is required for trust-owned/trust-titled assets. The trustee is responsible for distributing those assets in accordance with the terms of the trust, without separate court permission, without separate waivers or consents from any third parties, and without additional separate authority needing to be granted to the trustee. But the main point is, the mere creation of such a trust accomplishes nothing by itself. Once the trust is created, all the individuals’s assets must be...
Richard Winblad's answer It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.
Sara W. Harrington's answer Your father's widow is allowed to claim a spousal allowance of $30,000 immediately. That is designed to help spouses pay bills until the estate is distributed.
If your father had no will, the estate (after the first $30,000 goes to the widow) will be distributed according to the laws of intestate succession. Under that law, the surviving spouse will receive 50% of the estate and the other 50% is shared by the deceased person's living children and heirs of deceased children. The real...
Sara W. Harrington's answer In North Carolina, real estate passes to the heirs on the date of the deceased person's death. Who the real estate is left to is determined by a specific gift of real estate in a will filed with the Clerk of Court's office or it passes under the laws of intestate succession.
According to the laws of intestate succession, if the deceased person is survived by a spouse and children, the spouse gets 50% of the property and the children (and the heirs of deceased children) share in the...
Sara W. Harrington's answer An estate file is the collection of documents filed with the Clerk of Court (in the city in which the deceased individual lived or owned real estate) in reference to the administration or probate of the deceased person's estate. These files are kept in a separate area from civil or criminal files. You should be able to look on the computer system in the Clerk of Court's office under the name of the deceased person to find the file.
Cedulie Renee Laumann's answer The first question any business attorney will likely ask is: what are you looking to accomplish? A business trust is an old but relatively unusual way to conduct business, except perhaps in the case of real estate held in a grantor's revocable living trust. The question doesn't give any facts as to why an "unincorporated business trust" is desired. Most attorneys would ask whether the Grantor determined the tax liability for conducting a business in a trust vs. through a standard or...
Sara W. Harrington's answer In North Carolina, real estate passes to the heirs at the time of death. If there is no will, that is determined by the laws of intestate succession. If there is a will and the real estate was specifically devised to individuals, that would override intestate succession.
Generally real estate is not probated unless it needs to be brought into the estate to pay a bill of the estate.
If all of his personal property is worth less than $20,000, you can settle his estate with an...
Sara W. Harrington's answer It sounds like you've been doing a lot of the right things, but you could use the assistance of an attorney experienced in estate administration/probate to help you make sure you take care of all the small details that may fall through the cracks. I recommend you contact a local estate attorney for assistance.
Sara W. Harrington's answer If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to administer, but he may have some personal items that the family can claim. The best thing to do is to contact the guardian or agency and go from there.
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