I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?
You should hire an attorney in the State in which the Will is filed for Probate. There may be more than one State the Probate Administration could occur, but proper venue is usually in the County and State where the Decedent resided.
My grandparents from my father's side have been dead for a very, very long time; my father died also about 15 years ago. I want to exhume my grandparents' graves and resell the plots. My younger siblings oppose to this. I am the oldest of all. Do I have a legal right to do so without... Read more »
Interesting question. However, this is not a family law question. I would suggest that you post either in civil or wills/trusts/estates. The issue may be governed by law, by a will, by the laws of the state of Florida, and/or by a contract with the cemetery. It does not sound like the type of...Read more »
As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.
My father had an investment account with cash and stocks that he inherited. We have recently divided the cash asset from the account but I have asked to be bought out completely. My brother says it's not possible. I want to know if it is possible or if I can force the sale of the stocks? I... Read more »
Congratulations for considering an estate plan! It's so important to do this as soon as you're able, but we know most people don't (which makes their estates ultimately much messier and more expensive when they become disabled or die). I'm assuming you're...Read more »
She wants to sell the home because she is broke. I live in the home my father owned with her. Do I have any rights to keeping the home? She in her divorce papers and in emails states she had no interest in the property and my father was keeping the property. Is there any law that protects me as his... Read more »
If she is incapacitated then she cannot sign a power of attorney for decisions. A living will does not pertain to assets or disposition of property, only to what happens to your person in certain medical situations while living. Even if your brother were to be the power of attorney for your...Read more »
House as well as her mothers her son went to the court with the death certificate and had the house put in his name only and had my friend evicted what can she do does she have any right to that home with the will she has
Your friend needs a competent attorney now. The litigation will be difficult and expensive, and time is of the essence. The Will will need to be Probated, and after a title search, the Executor may need to file an Ejectment Action to get the home back to the Devisee. Few attorneys can handle...Read more »
I have recently entered into an agreement through the courts in Ohio to allow for the other Beneficiary of a house that was left to me in an Estate to buy me out. This person continues to live in the house. The judgment was signed by the judge on April 1st, this year, 2021. The... Read more »
It is not true that the sole beneficiary cannot be the sole trustee. However, it is true that if you set it up that way, it is virtually impossible to afford the beneficiary any asset protection. If asset protection for her is your goal, then you should name an independent trustee and also take...Read more »
When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.
If your mother is mentally competent and the terms of the will and power of attorney express her intentions, then your mother is free to do as she pleases with her assets as well as grant anyone she elects to act on her behalf during her lifetime to carry out decisions for her benefit or as she...Read more »
If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.
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