There is no one size fits all answer to your question. Sometimes a joint trust is appropriate and sometimes separate trusts. For advice personalized to your individual circumstances, you should schedule a consultation with an experienced estate planning attorney.
Initially, posted at Probate Section. RE: Will includes: “...[1/3 of estate to my brother and me] the rest and residue of my estate in equal shares, share and share alike. In the event that my nephews have preceded me, I leave the share intended for the deceased nephew to the descent’s... Read more »
If your aunt (the Will's maker) is already deceased, you are waiting to receive your share, and then you die before your share is distributed - the answer is that it still goes to you, but is distributed as part of your estate pursuant...Read more »
After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an...Read more »
He left me w35$. Can I change the irrevocable trust and sell my home? Since I can prove fraud, identity theft, elder abuse. I owe109,000 on my mortgage can I get a home equity loan on a 6 family ? I need money for legal fees and dental work.
Normally the attorney will have designated another attorney to take over his files when he passes. If not, then a court will usually get involved to appoint an attorney to take over the files. The designated attorney takes custody of the files and goes through them and does his best to return all...Read more »
I recommend that you speak with a probate attorney regarding this matter. It is likely that the credit card debt will be considered community property unless your father can prove otherwise. Also, if your mother and father had a Will or no Will, your father will need to go to probate court....Read more »
We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... Read more »
My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »
At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an...Read more »
If your mother passes without a will, her boyfriend is not someone identified in the intestate statutes who will inherit anything. Everything would pass to you and any other surviving children your mother may have. However, you may want to make sure your mother’s boyfriend has not exercised any...Read more »
If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »
Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine...Read more »
The answer to your question will depend on the language in their trust (i.e., whether it is revocable vs. irrevocable) and the language in the power of attorney. A power of attorney can be very limited and allow an agent to do only a few tasks or the power of attorney can be broad and allow the...Read more »
They’re not called ladybird deeds here, but we do have something similar. It would be wise to talk to an elder law attorney in your area to go over the rules for owning property and Medicaid in your state if you think you may need help paying for nursing home care eventually. There are a lot of...Read more »
Can the POA in a durable power of attorney sign a quitclaim deed where the grantor is transferring to the grantee who is also the POA —legally if there is no stipulation in the POA against that? My mother and I have a property in Florida as joint tenants with survivorship to me but the property... Read more »
My ‘well to do’ great-great aunt died in 2005 with a will naming her nephew as executor, he and his wife as beneficiaries, and my father as an heir. This nephew died intestate in 2003. His wife died in 2005, five months after my g-g aunt. 2 months prior to wife’s death she appointed a friend... Read more »
Your description is too imprecise to render an opinion, but it sounds like you need a probate attorney licensed in Virginia to re-open the estate of Wife. I don't understand from your description what Father's rights are. You call him an heir, but you tell me that the sole beneficiaries...Read more »
The Son, We have to Adult Children, who she is trying to exclude, She is trying to do a quick cash sale, but I found out that the Mother has it in Trust; and now the My sister n law is asking me for My Deceased Husbands Death Certificate , and She is trying to deem My Mother n Law incapacitated,... Read more »
The trustee is required to send written notice to all beneficiaries and heirs by law, so you may receive a copy that way. If you have children, they will definitely be sent a notice saying they have a right to get a copy of the trust — assuming the trustee knows the legal requirements. If you...Read more »
I didn't think so but then I came across this Thompson Reuters doc https://www.cl-law.com/uploads/Revocable-Trusts-Connecticut-w-010-5933.pdf (written by CT lawyers) that says that a revocable trust does need to be witnessed in CT if it "conveys real property (Conn. Gen. Stat. Ann. §... Read more »
Very often after a revocable trust is created (or at the same time) the grantor who sets up the trust will transfer his or her house to the trust via a deed. It is unusual, very unusual, for the trust itself to convey real property.
So assuming you follow the procedure of setting up the...Read more »
My brother and family have my mom feed them all. They moved into a trailer with gutted kitchen, so instead of fixing it, they have partially moved in with our mom and have her provide and cook all their meals. Their home is also uninhabitable. My mom only provides for the family because they do not... Read more »
There are a few things you can try. First, immediately petition the court to be appointed as executor or administrator of your mother's estate after she passes. Upon appointment you will have authority to change the locks. If he has already moved in you will have the authority to hire an...Read more »
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