It depends on which trust owns the asset. The older trust may own the house and bank accounts. The newer trust may own nothing. If neither trust owns the asset, the most recent Will controls who owns the asset. If the only Will points to the older trust, the older trust gets the asset. If...Read more »
The work done on my mother's house was: the roof, French drainage all around the house and all are part of the foundation. The sister that wants 60% (is the executor of the trust), while the other 4 other sisters split 40% of the money after the house is sold. The executor is claiming that if she... Read more »
It depends. You say she took possession of it. Did she actually legally transfer it to herself in some fashion (trust, deed, probate) or has she just been living there? If not legally transferred to her I would definitely get probate started now. I'd need to look at the deed history to know more.
If there’s no dispute that your mom owned the property she sought to leave to you, it’s hers to give away. A letter however is not a Will unless it’s intended to have testamentary effect and is either written entirely by your mom in her own handwriting or signed by two witnesses. If the...Read more »
The deed to my father's primary residence has been transferred by means of a Trust Transfer Deed, into the name of my half-sister, as trustee. He has reason to believe she has been mismanaging his funds, refusing to disclose any information pertaining to his affairs and assets, so he wishes to have... Read more »
Your dad doesn't need to revoke the trust to remove a trustee. All he needs is a simple letter to the trustee exercising his right to remove a trustee and demanding that she deed the property back to him as sole trustee. If she fails to do so, she can be held liable for damages. A simple...Read more »
I am only child and parents were married 30+ yrs, however, 3 classic cars & 1 classic motorcycle were all purchased and owned by my father before my mom and dad were married....he didn’t have a will. I realize my mom receives all community property and separate property should be dispersed... Read more »
It sounds like the cars your father purchased before marriage were his separate property. If a person dies without a Will and is married and has one child, the laws of intestacy say that your mother inherits 1/2 of that property and you inherit 1/2 of that property. If your mother claimed 100%...Read more »
They had a distribution last wkend and I cudnt go, they’ve been there doing all the things they want and I haven’t been aloud to as my sister says, she got appointed administator, which my parents wud never allow! A couple months ago they had a garage sale I didn’t know, but I showed up and... Read more »
I'm sorry to hear that you're in this situation. If there is no will and your mother was not married at the time that she passed away, then her heirs are her children equally. You will have to contact a local attorney to help you with this.
The court through the fraudulent intent of a family member has wrongfully deemed an individual unable to handle there own financial affairs appointing a trustee over there estate which has been squandered by the self dealing of the trustee who now has put the only property up for sale with plans of... Read more »
A trust and estates litigation attorney can help you petition the court to have the bad actor removed or replaced and to force them to fully account for funds they have handled and to pay back any stolen funds.
Recently my sister passed away. I was her caregiver along with hospice that came in a few days a week for 7 months while she was dying of cancer. I am her only living sibling. A copy of the will was sent to me. It had been changed to a trust leaving everything to her and my nice. My sister... Read more »
You get started by hiring a probate litigation attorney who specializes in will contests. The facts as you have recited them to indeed raise questions about the validity of your sister's most recently signed will. I would encourage you to follow your instincts and make things right by hiring an...Read more »
If you suspect that your sister is mishandling your mother’s affairs find a trust litigation attorney in your area to talk about filing a petition to have her removed as trustee if you have sufficient proof that she is stealing assets.
My husband and I are trustees of a revocable trust. The owner of the trust has changed it three times, has had one trustee in 2003, had a falling out with that one, got another one in 2010 had a falling out with that one and now has my husband and I since 2017. Each time she gets a new trust at a... Read more »
in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.
If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.
my dad died and my sister was named executer to his estate . We found he was behind on his mortgage and the house was going into foreclosure. my sister got a probate lawyer and hot the house approved for short sale. An auction date has been pushed back to september . i got served with a 60 eviction... Read more »
It sounds like you were renting month to month and the new owner of the house, your dad's estate, has served you will a 60-day notice to quit in order to prepare the house for sale. You must move within that 60 day period. If you do not move, they can get a local sheriff to bodily drag you out...Read more »
My grandmother recently added my aunt and her husband to the deed of her home and the was told she could require they sell the home and split the money between us 5 grandkids. Is this true in California. Doesn’t a deed supersede a will? And if my aunt is a beneficiary on all her other accounts... Read more »
There is a presumption affecting the burden of proof that title to property is what it is, and that challengers that seek to prove otherwise must produce clear and convincing evidence to the contrary. It’s certainly possible that grandma conveyed title with an understanding that the property...Read more »
Beginning by signing a no bond that clearly isn’t wat she told me it was!& that the attorney was for us 3, I’ve not been able to step foot in my parents home,& she had a garage sale w/ out my knowledge that led to a fight n the police were called I’ve got the report is was NOT my fault! Now... Read more »
If you think your sister is not qualified to be the executor of your mom's estate, you should hire your own attorney to oppose her appointment or, if she has already been appointed, to have her removed.
If you and your sibling can't reach an agreement, you'll probably have to involve the court. You can file a lawsuit for partition, asking a judge to order the sale of the home so you can terminate your co-ownership.
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