In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your...View More
My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More
a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:
There is a specific order in which bills of a decedent's estate get paid if there are not enough funds to pay them all. The probate attorney assisting you will be able to help you what 'class' each particular bill falls into and the order in which each 'class' of debt is...View More
#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.
Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs...View More
I lived there with my mom but after she passed I moved in with my dad so the property was empty. The property was vandalized and or stuff stolen and the insurance is going to cover the damages. Is my brother entitled to half of the insurance money for the break in
The answer to your question depends on the fact scenario involving your mother's Estate at the time of her passing. If your mother died with a valid will - the provisions of the will must be followed. Therefore, whomever inherited the damaged...View More
Have your Father contact a competent NM attorney to draft a new Will. If you interfere too much, then your Family will contest the Will later. It is his decision, not yours. But you can request a change with a good lawyer. Will must be drafted and executed properly.
Absent very unusual circumstances, you can sell anything you own to anyone you want. And having a will does not prevent you from selling anything you own. However, these are very general answers to very general questions. Clearly you are concerned about or troubled by something. Follow your...View More
If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.
States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to...View More
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... View More
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from...View More
The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property...View More
This is money from an inheritance from my father to me. At the rate of $200 per month for life. My daughter is currently 3 months behind. I want that money to go to my residual estate if still behind at my death
You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees...View More
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