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Your current state is Ohio
the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.
answered on Dec 20, 2024
If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More 
Three NJ resident siblings want to set up a LLC for their recenltly inherited vacation home in Paupack PA in order to spell out financial responsibilities, succession rules, and regulations for using the property. With the approval of the others, one sibling had a NJ lawyer produce a LLC for... View More
answered on Dec 19, 2024
While I think it possible that your sibling misunderstood that the tax preparer (CPA?) actually said, in forty-years of practice, I have never heard of a PA law or rule governing or limiting who may draft LLC documents (other than perhaps the PA Bar, which governs who may practice law within PA).... View More
My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.
answered on Dec 19, 2024
Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More
Yes, I'm going to work with a lawyer. I'm just trying to be informed and have some understanding.
Parents trust is old (2003) and says *if* the trust estate exceeds the estate tax exemption, then create A/B trusts. B trust gets lesser of 1/2 of estate or the estate tax exemption.... View More
answered on Dec 19, 2024
Lawyers cannot give opinions on trusts, contracts or other specific legal documents without reading the document. It's like giving someone a few pages out of a book and asking what the outcome will be. I'm sorry about that! Terms can be defined differently from one trust to another, so... View More
We have moved and the listed assets have changed.
answered on Dec 20, 2024
Listing assets on the Schedule A with the exception of listing "all of my items of tangible personal property" does not in fact fund the trust with anything. It is essentially there to show there is $10.00 in trust at the beginning so that the trust is not empty. The trust is actually... View More
My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More
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answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
The estate was closed and settled on 6/2021. I have since joined a class action regarding my husbands illness. A settlement amount has been offered. What do I need to do if anything? Ty in advance This was in Maryland. However I currently reside with kids in Pennsylvania.
answered on Dec 17, 2024
Assuming some or all of the funds will be payable to your late husband's estate, any additional funds will require filing a supplemental inventory and supplemental account (if a regular estate) or a supplemental schedule B (if a small estate). Basically a Personal Representative has an... View More
answered on Dec 16, 2024
There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More
Our irreversible trust provides that our daughter gets our home. She is of the opinion that she wants us to be able to sell the home to -rovide for senior care and residential care.
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answered on Dec 16, 2024
Often the whole point of an irrevocable trust is to avoid having to sell the home to pay for care, thus ensuring that your children will at least inherit the home if nothing else. Your care is paid for out of savings and when that runs out then Medicaid picks up the tab. When you pass your... View More
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answered on Dec 15, 2024
Transfer on death designations can work well when everyone dies in the correct order. Unfortunately, that does not always happen. If a TOD beneficiary dies before the account holder passes, it can sometimes be unclear what happens next. If you have named a contingent beneficiary and that person... View More
Three of us joint tenants in California would like to put our home in the family living trust.
We plan on keeping our home in our family for generations to come.
Do you recommend one deed over another: grant, warranty, quitclaim, etc.?
Can any of the deeds cause issues for... View More
answered on Dec 13, 2024
Two quick points. First, each person needs his/her/their own trust. Person A should not put their asset into Person B's trust. Person B should put their share of the property into Person B's own trust. Second, if you don't prepare the documents EXACTLY as required by law and county... View More
How can I disperse the funds without probate.
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answered on Dec 14, 2024
If the bank account was in both names, then just present a death certificate and they will take his name off the account and leave your name on. If the bank account was in your husband's name alone and the balance is under $50,000, then you can collect it with a small estate petition. If the... View More
The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More
answered on Dec 13, 2024
If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More
My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More
answered on Dec 10, 2024
Lawyers would need a lot more information before they could answer to your question. For example:
* Did your aunt live in California? [Laws are different in different states.]
* Did your aunt have a Trust?
* Did she have a Will?
* What is the dollar... View More
answered on Dec 20, 2024
When someone dies from an asbestos related disease, who they made the beneficiary of his or her estate will be in the Will if the person had one. But that does not exclusively determine who has a right to sue for the death. The law of the state where the death occurred establishes the right of who... View More
I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More
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answered on Dec 6, 2024
You want the highest stepped up in value you can get to lower your potential capital gains upon you selling it later. However the higher the value, the more property taxes each year. You might start by looking at the tax appraisal value. Comparable sales will probably be higher than what the... View More
I inherited a house from my mom. She was unmarried and I am the only benificary of her estate. I have gone through probate and am the legal representative of her estate. I want to transfer the ownership of her house to my name. I have drafted a deed but am not sure what I should put as the purchase... View More
answered on Dec 6, 2024
Michigan has very specific rules about taxable values in inherited properties that are not something out of state lawyers (or most lay people!) will understand or know about.
Have a MICHIGAN attorney, preferably in the county where the property is located, draft the deed for you, and... View More
What type of attorney do we need to help my wife and I establish a defense against a future challenge of Undue Influence and Lack of Mental Competency to our Will, and or to either of us personally? We will also want a new Will and Powers of Attorney drawn up, and to possibly discuss some other... View More
answered on Dec 5, 2024
Hello there! You would want an attorney who handles Estate Planning, or an attorney who does Trusts & Estates. The attorney could draft and supervise the execution of Wills, POAs, and other estate planning documents. During the Will signing ceremony, the attorney can ask the right questions to... View More
I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More
answered on Dec 5, 2024
As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More
answered on Dec 5, 2024
If the husband had no will, the husband's inheritance will pass to his heirs according to the laws of intestacy. The wife would be entitled to a portion of the estate as would any children of the husband. The wife will need to file probate on behalf of the husband to receive his inheritance.... View More
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