Your current state is Virginia
answered on Jun 1, 2023
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »
I would like to get power from my father without my uncle knowing, because my uncle is trying to establish a condition that I do not want. However, does my father's condition make legal action null since he cannot remember that well?
answered on May 31, 2023
Capacity is an issue that can be raised to challenge whatever you do. Try to get a doctor to write that he has capacity to make a deed on the day you do the deed.
My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills
I believe his son found the will.... Read more »
answered on May 31, 2023
Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?
The purported... Read more »
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
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answered on May 31, 2023
It is not possible to say for sure whether your sister can take control of the property or not without knowing more about the specific circumstances. However, in general, if you and your sisters were all left the property equally, then your sister cannot simply take control of it without your... Read more »
The trust doesn’t mention any certain assets just says all assets to be split. But the checking and savings have a transfer of death to someone else and they are saying it’s all theirs.
answered on May 28, 2023
Trusts only control assets that are inside the Trust. As Mr. Toron said, if an account is owned by a Trust and has a POD/TOD designation, that will not do anything as Trusts do not "die."
For a review of Trust assets and to determine how they will get to a beneficiary I highly... Read more »
When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!
answered on May 27, 2023
Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... Read more »
I'm retired Is there a type of trust (estate, family, exec) that I can put all my real estate holdings, income generated from those properties, dividends received from my company (I still own a % in form of stock and receive quarterly) and various other income generating assets. I would... Read more »
answered on May 26, 2023
There are all kinds of Trusts. The most important issue is who the Trustee is, and who will be the Successor Trustees. I do not recommend putting everything into one Trust, which many Estate Planners will do. Real Property can be placed in a Trust, or better, a future interests Deed can... Read more »
01/2003 A credit card debt was acquired by Sarasota CCM and they obtained a judgment in in Illinois.
01/2009 I moved to Florida and three years later they registered the judgment in Florida.
09/2000 They garnished a checking account.
No communication from them between... Read more »
answered on May 26, 2023
Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... Read more »
What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... Read more »
answered on May 26, 2023
Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... Read more »
property to his 2 daughters. Does the Will negate my mother’s ownership of the property even if she is the property deed?
answered on May 25, 2023
You will want a PR attorney to search that Title and determine ownership. If Mother is a grantee on an enforceable Deed, then the property is probably hers since Testator died without owning something to devise. The Deed must be examined, and that grantee/owner must pay taxes, insurance and... Read more »
The statement: hereby grant and release unto the Grantee(s), their heirs and assigns forever: (then it describes the land) along with
To have and to hold the above granted premises unto the Grantee(s)
Grantee(s) Shall quietly enjoy the said premises and the Grantor(s) will forever... Read more »
answered on May 25, 2023
That language (without your name listed as a grantee) does not mean that you are an owner of the property during her lifetime; you do not become an heir until she dies without a will. Rather, that language indicates that the property passes to her in all respects even after her death; as opposed... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
answered on May 24, 2023
If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... Read more »
No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »
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answered on May 25, 2023
I'm sorry for your loss. To close your sister's personal checking account and retrieve the funds, you will likely need to provide the bank with documents such as a certified copy of her death certificate and proof of your relationship as next of kin. Contact the bank where she held the... Read more »
I was born in France, then moved to the US and in 2001 I married an American man.
In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »
answered on May 24, 2023
Real estate is handled differently than other assets because it is literally attached to the state (in the U.S.) and/or country. So, in most instances, U.S. law will apply to U.S. real estate. However, different countries belong to various treaties with other countries, so an international attorney... Read more »
I was born in France, then moved to the US and in 2001 I married an American man.
In 2008 I became an American citizen. My 92 y.o mother is french and lives in France. She would like to buy some kind of property in the US as an investment. She probably won’t live in the US and if she... Read more »
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answered on May 24, 2023
In this case, since your mother is a French citizen and her assets are located in the US, it is advisable to consult with an attorney who specializes in international estate planning to understand the specific laws and regulations that may apply. Generally, the law of the country where the property... Read more »
My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.
answered on May 23, 2023
Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... Read more »
Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?
answered on May 22, 2023
Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.
If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust... Read more »
I have 2 houses with land, show cars,alittle money in bank, lots of collectables and lots of junk. I have not done a will. and years are passing fast. I have no siblings and dont talk with distant relatives. I dont want the state to take over if something happens to me. I hate the thought of... Read more »
answered on May 21, 2023
It depends what you mean by "easier." If you hate the thought of getting married this seems to imply that this wouldn't be easy for you. Getting married married may involve the least amount of paperwork, but that doesn't necessarily mean it's easier for you. A will (or... Read more »
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