For example, the decedent leaves $300,000 to Child A and in the will instructs Child A to pay $100,000 to Child B. Can that be done? I'm wondering if there might be tax implications because is Child B's money and inheritance or a gift, at that point?
It is a poor drafting technique, but it can be done as long as the will is clear on that. The amount paid from A to B, if that is what the will clearly instructs, would be considered B's inheritance directly from the decedent, and not a gift from A to B. In such a situation, A would be...Read more »
The wife needs to engage a local probate attorney to follow the proper process to get the house retitled in the name of the husband's heir(s) according to his will or, if he had no will, then according to the laws of intestate succession. There is no way to know without a full consultation...Read more »
Under certain circumstances there is the possibility the Will could be changed by someone other than the Aunt. You would have to look at the agreement for services because yes, the funds she has saved would most likely be used for her care and the home could be attached or sold for her care if she...Read more »
If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both
We have been married 28 years and between us have 8 children all grown and 13 grandchildren. all we have is the equity in our home and no will. Will all 8 of the children share the remaining assets : step children and biological. we have no biological children together. I have 5 he has 3.
My father was my trustee for a trust for which I was both grantor and sole beneficiary. Without telling me, my sister acquired durable power of attorney for my father, and started "standing in" for my father, making decisions for my trust, and my personal expenditures, without becoming... Read more »
In father's will, article 1 states he has no children. Then Article 3 says exclusion of pretermitted heirs and he makes no provision for any child of his other than ones mentioned in article 1. But in art 1, he lied and said no children. He knew I existed, he financially provided for me for 19... Read more »
You need to speak with an estate lawyer immediately. It's very possible you could have rights under New Hampshire law. Act fast because there could be time limitations on your ability to challenge the will.
My mother passed away in march, my sister and I get half of everything. Things are still in probate court. There is an equity loan tying things up. Property has been inventoried and most appraised to see if we have enough to pay off the loan. My sister has been selling items on her own to support... Read more »
Only law enforcement can determine if there is a valid criminal complaint. Speak to your local police. If you are interested in pursuing civil remedies against your sister, you should speak to an estate law attorney.
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