One or more of the Children Heirs may want to file suit for Sale For Partition.

This is not a Family Law question. Repost in the estates forum.

Will you be the sole heir? Is he a Massachusetts resident? If you are the sole heir, then you may be able to take over the mortgage through what is referred to as a "novation" with the mortgage company if that is something the company offers or you may be able to refinance the... Read more »

Typically, a deed of trust secures a loan against a single home. In rare situations, it may secure a loan against more than one. The deed of trust itself should contain the legal description of each parcel of real estate. Commonly, if there is more than one, that section of the deed of trust... Read more »

You need to talk to an attorney ASAP. Believe it or not, you may be in a really good situation since you all currently agree. Once, everyone disagrees it becomes a nightmare.

If you want off the property, you may be able to sell or gift your interest to them. Either way, you want a... Read more »

I think there is some confusion about what the attorney is likely asking.

Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what... Read more »

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

The answer to both of your questions will be written in your parents’ trust. Some trusts say successor trustees cannot change anything, other trusts say the successor trustees can change a trust if the law changes, and still other trusts have completely different terms. The same is true with... Read more »

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... Read more »

Yes, the property can be deeded through the estate to the minor children, and the lender on the mortgage may not accelerate the loan or declare the loan balance due, but must accept continuing mortgage payments made on their behalf; however, the mortage lien remains on the property, so nonpayment... Read more »

Your brother and sister have no obligation to share your mother's power of attorney or your mother's trust with you in a strict legal sense. If your mother is living, then it is likely the trust is revocable and she is the only present beneficiary of the trust, and no one else is entitled... Read more »

I believe child support ceases upon his death. It's your mom to whom he owed the support, not you. In fact, many states require the payor to obtain life insurance to cover the projected child support in case the payor dies before its paid.

The Residuary Estate Clause of the Will disposes of the rest and residue of any property not already bequeathed or devised in the Will. So, depending on the Title, it appears the rental property can also be sold for the benefit of Estate Beneficiaries. Hire a competent NC lawyer to examine the... Read more »

Yes to first question if named in the will.

Yes to second question so long as the out-of-state POA conforms to Ohio requirements (which most will).

The short answer is no. The house must pass through the estate administration. The executor must first ensure that your grandfather's debts, if any are addressed, that the administrative expenses of the estate are paid, and the required inheritance tax and any other tax obligations that may... Read more »

Thank you for your question. Getting to arbitration is a process, which generally requires a law suit to be filed. The language seems clear but it is not. The language is saying that a lawsuit which is governed by arbitration is generally less expensive than a full blown law suit. Both choices... Read more »

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

This has some serious family drama issues. Can a Grantor verbally amend a trust? Yes under certain circumstances. But the issue is whether this actually happened. Get a lawyer!

Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... Read more »