She is a beneficiary of the trust and the RMDs are to be used for her medical and living expenses each year. The executor does not want to distribute the RMD this year but she relies on it for her medical care. Does she have any recourse?
It is not possible to answer your question without reviewing the trust instrument. The answer depends on the distribution standard in the trust, and distribution standards vary a great deal from trust to trust.
By the way, the administrator of a trustee is usually called the "trustee". An...Read more »
I suppose see if your landlord will agree to release you from the original lease and sign a new lease with all of you on it, or see if the current lease can be amended. Regardless, you are asking for trouble with the HOA by doing anything to add them onto the lease. I suggest you take a copy of...Read more »
My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »
Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive...Read more »
Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still going... Read more »
You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.
to the oldest son. It went to my Grandfather who passed it to my dad(the oldest son) who passed it to my brother(the only son). Since my Dad is deceased. His younger brother, my uncle believes that he is entitled to it since he now has a son. I am of the understanding that it should remain with... Read more »
Hello, sorry for your loss. Your questions is difficult to answer based on the facts alone. Do you know if your great grandfather left a will with instructions relating to the watch? If so, that would be the first place I would check. I would also check to see if your great grandfather's estate...Read more »
You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?
I would recommend that you call and speak to a probate attorney in...Read more »
My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... Read more »
If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with...Read more »
The starting point is the document itself. For estate planning purposes, a person can sign a document called a "power of attorney" ( POA), which, under certain conditions, gives that person the authority to step into the other persons shoes and handle his / her financial affairs ( among other...Read more »
Does this also include decisions over her finances? Should there also be a POA for her finances? And does it restrict any family (children particularly) from knowledge of her health or financial decisions? Thank you.
In Kansas, you always want -- and any many cases need -- the signature of both houses anytime you transfer land. However, if she were to transfer the land by way of her estate plan, and if her husband was living at the time of her death, you'd want his signature waiving his rights to the land in...Read more »
If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in a bank account... Read more »
By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question what...Read more »
My father passed away in the spring of 2019. The executors are finally sending myself and seven siblings the proposed settlement of his estate. I think I'm getting a bad deal. How long do I have to contest or challenge the settlement proposal?
Talk with an attorney to go over the settlement. Most attorneys will give you a free consultation. It is better to have someone that deals with these situations on a daily basis give you an opinion. If you feel something isn't right you owe it to your self to get a second opinion.
The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »
If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.
My granddaddy said he made a will in 1996 to split it equally between my mother and I my grandma died last month I have lived her 25 years can she take my home and all of my land with no will and just leave me on the street?? My mother got to the family safe before me where my granddaddy said the... Read more »
This sad situation will probably require the services of a civil trial lawyer working together with a probate lawyer in order to sort everything out. If the two professionals are as good as they need to be, they will know exactly how to approach this situation in such a way to enforce the wishes of...Read more »
I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »
This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.
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