My father still has a small mortgage on the home. He already has a Will and Durable POA. He is interested in creating a mechanism such as a living trust by which his home and minivan can be transferred to me as his sole heir without the necessity of the property going through probate. His Will... Read more »
I'm not familiar with Arizona laws. A quick internet search reveals that Arizona has a form for beneficiary designation of automobiles. Please refer to the link below.
https://apps.azdot.gov/files/mvd/mvd-forms-lib/96-0561.pdf
Jonathan Purcell is a California Attorney. This... Read more »
I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »
The family code in California has a section which states that all community property is divided 50-50 between the parties.
My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home
For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »
I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »
Justia states the UTATA requires the trust also reference the pour-over will. What statement added to the trust would meet this requirement?
I believe you are mistaken.
The UTATA allows a Pour Over Will but does not mandate any reference in the Trust. You can read the whole thing at... Read more »
I'm the executor of my father's estate. He meant to divide his estate into six equal parts, for his five living children and the widow of his one pre-deceased child. He wrote the will without the help of a lawyer, and inadvertently left out his daughter-in-law by referring to her as his... Read more »
I think you have two ways to accomplish this:
1) Have the other 5 people each sign an "assignment" of 1/6th of their inheritance to the DIL. That would cause everybody to get 1/6th each I believe (assuming everybody signs off).
2) Have all 6 people sign a... Read more »
I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »
This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »
My parents, who are in their 80's still paying mortgage on house. What is involved for me to pay off the mortgage and putting the title under my name so my parents do not have to worry about this anymore?
NO!!!!!!!!
If you move the house into your name while they are alive then you will give up a HUGE tax advantage. Right now if the house is sold, your parents have a big tax liability for all the profit they make on the sale (probably). If they GIVE the property to you then you carry the... Read more »
The son inherited all assets in a trust. I am 72 and guardian of my great granddaughter since her mother and grandmother both died. I have told the son he can come and get the truck. He says that I must return it or he'll tell the police I stole it. I told him he could come and pick it up,... Read more »
No, you've not stolen the vehicle. You were permitted to use it while the vehicle owner was alive. Now that the vehicle owner has died, his heirs are entitled to ownership and possession of the vehicle. There's nothing that you're doing to prevent these heirs from picking up the... Read more »
I am the trustee on my mother in law's living trust. When she passes, her mobile home will be transferred to my sister in law who lives with her and serves as her care giver. She presently has as lifetime rental/lease agreement with the mobile home park. Does the lease agreement transfer with... Read more »
No. A lease is merely a tenant’s right to possession of property during the lease term. You said that your mother in law was the tenant and the lease term was the life of your mother in law. Once she passes, the lease comes to an end by its terms. The mobile home on the other hand was owned... Read more »
My husband is one of the beneficiary of his Uncles account at a financial advisor. The Financial Advisor contacted him and told him his uncle died but, needs a certified death certificate. My husbands Brother is the executor of his estate and is refusing to get a death certificate. My husband... Read more »
You can hire an attorney to represent your beneficial interests, he can get the death certificate.
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My boyfriend is a co-trustee and beneficiary of a family trust. The entire family consists of my boyfriend, his mother and brother (the three co-trustees). They do not have any other family members, extended or otherwise. However, last year my boyfriend and I had a daughter together, but she is not... Read more »
You have to look at the Trust to see how it is written. When I write one I make it so you never have to worry about this problem and don't have to update your Trust every time anyone has a baby. I bet this Trust is written that way too, BUT a Trust can be written any way the client wants so... Read more »
Yes, but don’t add to it or get creative. Follow the instructions on the form carefully. You can fill in the blanks and check boxes, but that’s all you can do.
When my dad passes, and I inherit his house, I have been informed that under Prop 58 I can keep the Prop 13 benefit that my dad has. However, if I were to sell the house, can I therefore transfer that Prop 13 benefit to another residence in a reciprocal county? If so, do I need to be a resident... Read more »
You're referring to California Prop 60 and Prop 90. Here's a link to the California Board of Equalization website which explains the requirements of the law: https://www.boe.ca.gov/proptaxes/prop60-90_55over.htm
My father owns his house outright, and wants to put the house in my name now. First, is this a good idea? The house is in a trust to me in case he passes. Second, if and when I become the owner of the house, can I resume the prop 13 taxes? If I can resume those prop 13 taxes, if I were to sell... Read more »
Terrible idea!
If you inherit the house instead of having it gifted, you save a ton of money on taxes. If you inherit then your tax basis is stepped up to the current value; if dad gifts it then you also get his tax basis. That means a huge difference in the taxable gain when you sell.... Read more »
Theres 3 sibling s im the oldest
To get a deed changed you need an order from the Probate Court, unless the property was in a Trust.
The Probate Court will look at the Will and hold hearings to make sure there are no problems, and then give an order for authority to distribute the assets. If there was no Will then you do... Read more »
The provision in my uncles will were impossible to do. It stated in the will that i was to return all the money that was given to me by my uncle before his death. My uncle cashed in all his cds and he put this money in a checking account in my name only. I paid all his bills ( property tax , phone... Read more »
You need to contact a probate attorney to represent you. It may be possible that the Will could be invalidated as a result of undue influence on the Testator, and that you might be a pretermitted heir. The Law does not require the impossible.
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My aunt is an older widow who is being overcharged for payment of 2 bills.
Now that your aunt has been legally conserved, it's really not up to you to decide whether your aunt should be conserved or not, it's now up to the court, the court investigator, and your aunt's attorney to decide that matter. Your opinion certainly matters, but the court will... Read more »
Their father has felonies, drug addiction, multiple prison sentences, has not been a part of their lives in over 5yrs.
I am sorry that your are in this predicament. Unfortunately, your children’s other parent would be first in line to get custody. Your should consult with attorneys about adoption and estate planning. If partner would consider adopting the children then the biological father would be out of the... Read more »
It sounds like this person is on the road to being declared a "vexatious litigant." Have a glass of wine and relax, you cannot stop them from doing what they insist on doing, you can only defend yourself with a good probate/Civil Litigation attorney. Best of luck to you.
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My parents both passed away within 1 week of each other. There is a will saying I inherit everything. They own outright a trailer and a truck and have a bank account (less than $20k worth). No real estate or other assets and no outstanding credit. Do I need to file a small estate affidavit if I... Read more »
My condolences for your very tragic losses. If your parents died in 2020, the small estate limit is $166,250 so if the total of their assets is less than that, a small estate affidavit should be all that you need. You will need certified copies of the death certificates and you must wait at least... Read more »
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