I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?
Only he can convey out his interest in the real estate.
My father left one account with his child as beneficiary when he passed. It was only in his name. His wife emptied it. She is named as the executor of his estate in his will.
Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your... Read more »
I have fallen behind on my storage unit monthly payments. The guy cut my lock off and let my separated husband put his lock on. Now I can get my washer and dryer out of there because my estranged husband wont let me in the unit.
Yes, but only after they have followed the correct lawful processes for providing notice to the renter. It is possible that your husband bought the contents at auction, but that is pure speculation. You should contact a local consumer affairs attorney for advice on your specific situation.
The trust does not state any court action is required to remove/change the trustee, and we had to change the trustee because he breached trust, coveted information, failed to administer or collaborate in order to resolve the trust in the best interest of the trust. We've needed the change to be... Read more »
Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.
My mom recently passed and I don't have the money pay her debts until/unless I can sell her house. I know her estate is fits within the guidelines of a small estate. I have 3 other siblings too. I'm just not sure of the process in Arkansas.
You most likely need to speak to a lawyer. Even if the house fits, you may have issues with title once you try to sell. A lot of title companies will require the house to be probated even if it fits within the small estate guidelines.
You should speak to a lawyer about the debts owed and... Read more »
If that what they wanted but don’t have a will
It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.
You probably need to consult with an... Read more »
If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.
Your mother can do whatever SHE wants to do with her property before her death. If that means she wants to deed it to you, she can. I don't know anything about your mother, but if she no longer has the capacity to make a will and could be considered "incapacitated" (she doesn't understand the... Read more »
We understand and agree that she can stay in the house that my father owned until she decides to leave or passes away, and then the property goes into my brother's name. We tried to do this with her as a family, but she is not allowing us take any of our father's property- even though we are... Read more »
Under the law in Arkansas, she would be entitled to a life estate in a third of the real property, and one third of the personal property. She does not have a right to all of it. To sort this out, you'll have to file a petition for probate, where someone will be appointed personal representative... Read more »
He is presently in rehab unit at hospital and I usually write his checks out and he signs them, but he is not able at this time. Some of his bills are autopay from his checking but his mortgage and house insurance require payments sent to them. I don't want him to default on his mortgage.
If he is unable to sign checks, he may be unable to grant you a power of attorney. It depends on how bad his situation is. If you're in an emergency situation and he can't sign anymore, you may need to get an emergency/temporary guardianship to be able to take care of his affairs.
Both. If there's no will and the "decedent" (the person who passed) had a wife and adult kids, a portion goes to the wife and another portion goes to the kids. You have to file a petition to probate his estate to get the process started, though. If I were you, I'd hire an attorney ASAP to get... Read more »
But it's not his fault even the Social Security office is called the RV owner and told them that it isn't his fault that he receives his check late are they allowed to do this or not
The rent is due whenever his lease agreement with the RV park says its due. Doesn't matter why it's late. I would try and reason with the RV park. Obviously your dad is going to get a check every month if he's receiving Social Security disability, so there's no danger of him not being able to... Read more »
My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation
Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.
I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.
Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?
There are mutual funds under one account and one property. The successor trustee already has the certification of appointment of successor trustee for the mutual funds but there has not been any amendment made to the trust.
You may not need an amendment to do so, if the successor was named in the original trust.
No. First, you have to see how everything is titled. If it was titled as husband as wife, then it will go to you before his children. If it was in his name and he had named beneficiaries, then it will go to the beneficiaries. If it was in his name without beneficiaries, then it will go to his... Read more »
Was placed in a nursing home...no will or legal papers drawn up. Now, sister will not divide estate to me aND my brother. What is the recourse?
If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.
Think about this. A will is effective only after you have died. Will medical direction be useful then? Of course you need a separate document!
Seek a local estate planning lawyer to both prepare a valid Will and valid Powers of Attorney and / or Medical directives to insure your wishes are... Read more »
Father pasted two years ago and mom never remarried and I'm an only child. Does she need a will if I'm on everything but the house that still has a mortgage? She only has a retirement acct, bank acct, car paid off, jewelry and the house. She has already paid everything to be laided by my dad.... Read more »
She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.
To take care of distribution among her other children? Is probate necessary?
If the life insurance policy named a beneficiary, that beneficiary may only need a death certificate. If it named no beneficiary or named the estate, contact a probate lawyer in the county where she died or held real property and apply to probate her estate.
She has asked us to move in with her to care for her until her death. We will be responsible for paying the bills, upkeep and repairs (which could be quite costly) on the house. I also have a full sibling (who has agreed to this arrangement) and 4 half-siblings who have no contact with my mother.... Read more »
I would suggest contacting an attorney who deals with estate planning and trusts. She will probably want to have both a trust and a new will.
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