Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
a bank Credit card in his name only, she has been paying the monthly payment since he died, Is she responsible for this card since he's passed and can she get all the money back she has paid since he died?
I'm sorry for your friend's loss. It would be better if you or your friend posted this under Maine questions. Laws in certain areas could differ from state to state. There's no guarantee that all posts are picked up, but there could be better chances of a response there. You could... Read more »
My mother's will states that the estate will cover final expenses. I laid out the funds and my siblings reimbursed me their share of the cost. The estate has not reimbursed me for my share. (I have no idea if the estate paid them back). The attorney for the estate is trying to get me to... Read more »
If he is putting in writing that the estate is reimbursing you in exchange for a release, I don’t understand your hesitation. Do you believe you are owed anything more?
Beneficiary of what? This question is too ambiguous to answer. Be more specific.
The widow does NOT pay for property taxes, property upkeep, home insurance etc. Nor will her estate benefit from a sale. The 2 step children are remainderman beneficiaries and the late husband always paid those bills, in the lifestyle she had been accustomed to for 30 years.
Utilities are normally included as part of maintenance.
I have an LLC that holds a Brooklyn residential property. I have an LLC that holds a South Carolina property. Let's say that a resident of the Brooklyn property sues me, receives a money judgment and exceeds the insurance payout. Would they be able to go after the equity in my LLC (that holds... Read more »
As long as you are operating the LLC as a distinct and separate entity, liability is limited to the assets of that LLC. To go after you personally or your assets, someone would have to show that you are not operating the LLC as a separate entity, that you are commingling funds and ignoring the... Read more »
Medicaid can look back 5 years when someone applies for institutional nursing care. That applies to transfers to individuals or trusts. Non-institutional care has no look back period right now but will have a 30 month look back starting next year.
The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.
My cousin's father paid taxes on the land all of his adult life.
When he died, the town sent the bills to my cousins. They have been paying the taxes on the land for about 40 years.
They would like to gift the land to me, but title search shows the land still in my great-great... Read more »
You need a Maine lawyer. If it goes back that many generations, the title issues might make this an impossible mess.
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
Is there a time period in which this must be done?
You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.
The person left no will
If no Living Trust either, then you must go to probate court.
Under what NYS SCPA provision, can a beneficiary petition the Court to commence a proceeding against a fiduciary if the Executor refuses to refund property taxes that the beneficiary paid on behalf of the Estate? The testator directed that all his debts and administrative expenses be paid out of... Read more »
The beneficiary would have to file a claim first, and then compel payment of it.
The executor of the estate, who is also a beneficiary has removed "all" personal items of the decedent from the home. The executor was given the home in the will. The other two beneficiaries were not given an opportunity to go through any of their father's personal items, furniture,... Read more »
Yes, they should sue. The Executor is not authorized on their own to do this. They should be communicating with the other beneficiaries. Yes, this certainly could be grounds to have them removed and replaced.
Can I get the ticket dismissed as a city employee?
It could be worth discussing in more detail with an experienced traffic ticket attorney. Overall, there is a high level of positive sentiment and appreciation toward public transportation employees because of the risks they face in providing all of us with vital services 24/7 and keeping the City... Read more »
My mom passed over a year ago and we had the deed set up as joint tenants with right of survivorship. The title company just notified me there is no evidence of her passing since she was married and her death certificate states my step dads last name. Is there any way to avoid probate and prove to... Read more »
A copy of the marriage certificate should be sufficient proof of the name change. This would require communication with the title company to determine what else is concerning it.
When a life tenant dies, the owner of the property has full rights. In other words if a property is deeded to A, reserving a life estate for B, when B dies, A has full rights to transfer or sell.
lone parent passed away own home . no will 5 children . now 1 sibling is being threatened with garnishment of income due to outstanding 100k med bill. instead of placing lien on home. is this a normal ,legal procedure?
No. They must have signed hospital papers as responsible party. You are right. It is for the estate to pay, if anyone.
CT is not my home nor do I intend to make it my home. Nevertheless, its laws, as told by a friend, are well suited to my purpose.
I am not aware of any CT law that is unique in estate planning the way corporations use Delaware law for certain purposes. As you have not stated your purpose, no one could answer your question. The short answer is a will is probated in the court where you reside when you die. So, if you are a... Read more »
Short answer, yes. Long answer, this may not be the best estate planning if the values are high enough.
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