My mother wasn't in her right mind ever since her stroke. My sister moved in with her to help take care of her. While there she manipulated our mother by placing herself as the POA and executor of her will.(never filed in court)She then had our mother put her name on everything including the house,... Read more »
It sounds like you are saying that the power of attorney that your sister used to transfer everything to herself was obtained through the use of undue influence and, in any event, your mother did not have sufficient mental capacity when she signed it. Those are grounds to have all of those...Read more »
My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house which is... Read more »
If your fiance thinks he might have enough evidence to convince a court that the sister in possession of the house obtained titled by fraud, misrepresentation, duress or undue influence, he might be able to get the deeds and other transfers to the sister set aside and the property restored to his...Read more »
If a person was promised TOD of a property, has paid all the Bill's of the person who owns property in exchange for TOD. Has made improvements upon the property, sunk all their money into property. Then owner of property decides to put the TOD into a groups name instead of promised party. Is there... Read more »
Yes, there is a legal remedy for breach of contract IF you have sufficient evidence to prove your case, preferably in writing. If not, this is a hard lesson about the importance of hiring an attorney to document any kind of agreement regarding real estate. That would have been WAY cheaper than...Read more »
mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... Read more »
One option is to have an Estate Planning attorney create a Revocable Living Trust. Many clients concerned with the transition of property and assets upon death find it beneficial to transfer ownership of personal property (including bank accounts) and/or real property into a Revocable Living Trust....Read more »
etc were reported and paid on her personal income tax. I am in need of getting an EIN number since I am the successor and her ss is void at this point. We are in Missouri but I need to know which form to file for this.
Unless the written trust document requires the trustee to "keep a beneficiary informed of trust activity" there is little you can do. As a beneficiary, you might want to know--and keep in mind--that every time you cause the trustee to respond or do any other work related to the trust they charge...Read more »
You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.
No, student loan debt does not transfer; the debt would be discharged. The government might claim a portion of your estate to settle the debt, but none of your family members would become responsible for the remainder.
Her investments and money was split 50% to my aunt and other 50 split between my brothers and me . I borrowed money w a promissory agreement . They say I stole money etc. I’m a trustee they are not. But my personal situation hasn’t been the greatest . Don’t wanna lose my house . They were... Read more »
Older brother was caregiver of parents and wages defined by dad in trust. Youngest brother named executor. Several cash cd's involved. Approximately $350000. Dad passed seven years ago. Mom passed in February 2018. Several of the CDs were designated as to be shared equally amongst siblings. Parcel... Read more »
You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your...Read more »
My father just passed away from cancer. Years ago he had went to an attorney and had both my sister and I, transfer on death for his property and house. Well after he found out he had cancer and starting getting really sick and put on morphine my sister went to an attorneys office and had him draw... Read more »
You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.
Property is in Missouri ! I see theyblisted my question in Ca.
None of the heirs included property in their will. The property is still in their names (5) and great aunt's (all deceased). I am paying prop. taxes. There are 14 cousins. How do we go about selling this property to a... Read more »
Since the property is in Missouri, a Missouri attorney will need to be retained to be able to make the transfers and assist with the sale. I am only licensed to practice law in CA so I cannot advise you on specifics of Missouri law. Most likely the Missouri attorney will need to file a probate...Read more »
Party A owns real estate and is single owner. The TOD lists 5 children as the beneficiaries. One of the children is currently purchasing the property from party A and has a formal loan (mortgage). Upon party A's death what happens with the loan and the property?
If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.
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