Charles Evan Lohr's answer You do not have to respond if you believe you don't have any defense, however, there are often property valuation issues that come up in these types of cases. I'm glad to discuss if you'd like.
Joseph Jaap's answer The accounts are assets of their estates, and will pass either as directed in their wills, or according to Ohio law to their children. Depending on the amount of money in the accounts, you might be able to file a simplified probate for each of your parents' estates. Ohio law provides a fee for the executor to be paid from the proceeds of the estate. Use the Find a Lawyer tab to consult an attorney in the county in which your parents were living, to review the facts and circumstances and...
Alexander Florian Steciuch's answer Disclaiming and inheritance is not the same as renouncing your position as an executor or a trustee. You can disclaim a part or whole of an inheritance. You can refuse to serve as the executor and choose to stay on as trustee. It is not an all or nothing situation.
Brent T. Geers' answer Are you trying to establish a post chapter as a nonprofit? If you're wanting to set up a DAV or VFW post, you need to coordinate with those organizations as you'll need a charter from them to proceed. If you want to set up your own nonprofit, you may, but nonprofits cannot have individual beneficiaries - any remaining proceeds would need to be donated to a legitimate nonprofit.
Terry Lynn Garrett's answer If your friend thinks she is in further need of legal representation, she should contact the local probate court. Lawyers have a form to file with the court when they take over a deceased lawyer's practice. If this is a dependent administration, there are further steps she must take. If this is an independent administration, she should at least get a Receipt and Release in exchange for the checks. She must also file the 1040 and perhaps a 1041.
Charles Evan Lohr's answer My condolences on your situation. In this case, since there was no will, North Carolina's intestacy rules will dictate how your fiance's assets are distributed. You may be able to be appointed administrator of the estate, especially if the child will agree that you should serve. Handling probate appropriately can be very difficult - feel free to contact me to discuss further.
Trent Harris' answer A person who is a qualified beneficiary of a trust in Michigan does have the right to obtain certain information about the trust. The fact that you have not received any information from your sister may mean that you are not a qualified beneficiary. Also, it does not necessarily mean that your sister has done anything wrong. If you would like to know more about your specific situation, you should contact a qualified lawyer to look over your unique facts and circumstances.
Terrence H Thorgaard's answer If the will is admitted to probate (i.e.: a petition filed with the court), and the property is distributed to you in the probate proceeding, it would be yours (assuming the decedent owned full title at the time of his or her death); and not the relative's. If so the relative couldn't charge you rent, evict you, etc. But your question is ambiguous; is the decedent leaving the home to you or to the other person (the "relative")?
Douglas Lee Bryan's answer You will need to have an attorney review the trust documents and consult with you in person. This is not the type of question that can be answered in a forum such as this. The way the trust is written will likely determine the answers to your questions.
Nicole M. Camporeale's answer From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your refinance so he/she can provide an accurate answer based specifically on your situation as they have first hand knowledge of your closing, while I do not.
Trent Harris' answer No. The ability to make a person’s will can’t be delegated. But if the language of the DPOA allows for it, a DPOA could allow for a trust to be made instead, which could achieve the same goals.
As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on information you get from internet discussion boards such as this one.
Donald C Eby's answer It is not likely that a probate under these facts will result in a forced sale. But, if the estate is contentious, i.e. someone wants money, your Mother should hire an attorney to assist and defend her.
Phillip William Gunthert's answer Yes, she should, unless she is trying to hide something. A Probate Attorney does not represent the beneficiaries but rather represents the Personal Representative and the Estate of the Deceased, this does not necessarily include the best interest of the beneficiaries. Therefore, you may or may not get many responses or much information from the attorney without your own representation by legal counsel. As a courtesy as well as a real obligation, any attorney doing a probate should keep all...
Perhaps that may provide some initial guidance to you on how TODs work. Maybe there was an error made somewhere along the line? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...
Kelli Y Allen's answer As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.
Ben F Meek III's answer Ask him the purpose for his needing to know. Most likely it is so the Trust can report the distribution of funds to you on IRS Form 1099. That would be a legit reason for needing to know.
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