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Your current state is Ohio
We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More 
answered on Nov 18, 2024
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.
answered on Nov 18, 2024
When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.
I'm doing research for my end of life planning and ran across this item I never heard of before.... doctors signature on DNR's as well as notaries to make the DNR within the Advance Directive/Living will legally binding ref given me : Colorado Revised Statute 15-18.6. etal
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answered on Nov 18, 2024
Under Colorado Law there is a mechanism for a doctor to appoint a healthcare decisionmaker for you if you have not already done so and are unable to do so now. This can easily be avoided by appointing a healthcare decisionmaker yourself while you are capable. Your healthcare decisionmaker... View More
My husband passed away last year. Father in law is very ill. Am I the care consultant for my father in law since his only child has passed away? Am I responsible for my father in-law in medical decisions and life after death? Burial? Funeral? His estate?
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answered on Nov 16, 2024
The answer depends in great part on whether your father-in-law has already executed documents such as a Power of Attorney or Advance Directive. If he has not done so, Indiana statute 16-36-7-42 provides in brief summary that A friend who: (A) is an adult; (B) has maintained regular contact with... View More
worth less than $15,000 to my sister that lives 400 miles away and avoid probate without losing control of them before I pass? Also need to know if I can do it for next to nothing somehow and if none of what I ask is doable, what would you suggest.
answered on Nov 16, 2024
Sure there are ways from ladybird deeds to naming beneficiaries and SOS affidavits, but without examining details anything offered here would be speculation and not good advice.
Plus, your house, car and bank account are in total worth less than $15k? Something seems off.
Bottom... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More
answered on Nov 15, 2024
Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More
my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More
answered on Nov 14, 2024
Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More
My mom passed away and I am the trustee of her trust. I am sending out the notification by trustee under probate code section 16061.7. I am also sending out a waiver form to the beneficiaries if any wish to waive the 120 days for contesting the trust. I understand that all the beneficiaries would... View More
answered on Nov 13, 2024
You seem to be jumping from step 2 to step 12. There is A LOT of work that must be done before assets can be distributed to the beneficiaries named in the trust. I understand that everyone wants their inheritance ASAP, which is the case in 99% of trust administration matters. However, the law... View More
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answered on Nov 13, 2024
Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More
The company offers gift pre-planning for up to 30 years in advance for customers' children and grandchildren, and even skip-generation. The company is almost acting as a trust / an account where the company will withdraw money to gift to their descendants after the person's death. Can... View More
answered on Nov 10, 2024
It depends on what you mean by the term “partner.” Lawyers define the term as someone in a limited partnership or general partnership. The ethics code prohibits lawyers from splitting profits with non-lawyers in almost all circumstances. So, if you are asking whether lawyers can be in a... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
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answered on Nov 8, 2024
"If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife." IN ST 29-1-2-14.
But note: "While it is true that... View More
My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More
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answered on Nov 8, 2024
My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More
I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.
answered on Nov 6, 2024
What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More
My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?
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answered on Nov 5, 2024
My condolences as I lost my mother 3 years ago and know that is extremely painful so sorry for your loss. To answer your question, No, the authority granted by the power of attorney terminated at the time your dad died. Since he didn't have a Will the rules provided by Texas's estate code... View More
My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?
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answered on Nov 5, 2024
You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More
She sends him 150 dollars a week on a card. The will clearly stated upon my death, but he has received no money other than the 150 a week which he cannot live on. She has repeatedly threatened to sell the house which was left to him.
answered on Nov 4, 2024
It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is... View More
Living trust has stocks worth 1.5 million. The financial institution wants to divide all stocks and move into beneficiaries account. When beneficiaries sell stock do they pay capital gains from stocks original purpose or from date received forward? Or is it better to sell all stocks and distribute... View More
answered on Nov 4, 2024
The legal term “Trustee” is the title of the person with the right to handle assets in the trust and who must fulfill all the legal duties associated with that right. The word “Co-Trustee” means there are two people serving together as Trustees. They may have to do everything together or... View More
He has 3 adult children & 4 other grandchildren.
Is it possible to break the trust upon his and his wife’s death & share the approx $1,000,000 worth of land equally between his 3 children or 5 grandchildren or all?
He is 95 & he created the trust 10 or more years ago... View More
answered on Nov 4, 2024
If all parties agree - all beneficiaries and all trustees - the trust can be terminated. If any party objects, the party seeking to terminate the trust must bring a lawsuit to terminate the trust and have a valid reason for doing so. Otherwise, the trust will continue to exist until the date of... View More
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