This has been granted through the courts. How does she access this money & what can it be used for?
I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »
Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.
Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?
What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »
You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »
I have POA over his next of kin, his mother, I need to name a family member executor.
A person nominates an executor for his or her eventual estate in his or her will. An agent acting under a power of attorney does NOT have the authority to make or amend a will for the principal so, no, you cannot "name" an executor for another person.
Also, understand that a... Read more »
Also what can I do to have funds of proceeds to where I can use for other living arrangements without hurting my disability benefits? With times now can’t afford to loose them. It is in probate now I am the administrator.
You have touched on multiple different topics that would need specific information from you to answer. My advice is to find a local estate planning attorney and talk to them so that they can provide you with a more complete answer that this board could not.
Any lawyer can assist with an estate, however, I would advise hiring one that specializes in estate planning/probate.
How do I decline Executrix because of my health and the will was done in 1998. At the time his daughter was a minor but she is an adult and her name is on the will as well. My oldest sister was the actual Executrix but she passed away and then I was next. What do I need to do to decline being... Read more »
You will likely have to post this question in the Virginia section of this site to get an answer. While some attorneys here may be authorized to practice law in both states most are NC only.
We have about 23,000 in the estate account to pay creditors. We are not selling the house willed to us because my husband and I live their with our kids. There is about 53,000 worth of debt. Medical, 1 credit card, and 2 home improvement loans. Some of the creditors wants a debt to asset ratio in... Read more »
This sounds like a very technical question that I couldn't answer without seeing all of the paperwork. My advice is that you get all the paperwork in front of an attorney and let them advise you more completely.
He called me to his house about two months before he past away. My grandmother was in the same room in heard the conversation. He wrote out a letter in everything explaining where the truck goes to. So when he past away she put the title in her name, and will not let me have it knowing where her... Read more »
Unfortunately what you are describing is a gift and a gift is not complete until you receive it. Since the title was never transferred over to you you never received the gift. If there are no other facts this is how a court would view this matter.
If your grandfather had left it to you in... Read more »
Without seeing the divorce decree and your deed I cannot give specific advice. You and your ex-wife likely owned the land in tenancy by the entireties in the deed. And when the divorce was finalized that was automatically converted into tenants in common. So you may be a 50% owner of the property... Read more »
Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.
A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.
My father died 08/2018. He left behind a home that was not well taken care of. He owed money on it, and i paid what i could on it from his bank account, but once that ran out, my sister and I paid it off. We have not tried to sell previously because our disabled brother was living there and had... Read more »
It sounds like you and your siblings can agree to sell the house and divide the profits from the sale as you see fit. My guess is also that your role as executor has been completed but I do not know that for certain.
No, you can name anyone you choose to be your executor, it may be slightly out of the ordinary. However, your situation must be much better than many others.
The simplest method would be using a limited power of attorney authorizing someone local to sell the property in their name.
1st cousin (child of her uncle)
If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.
In NC I am adopted 1st cousin
I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.
This question was presented to attorneys that work on patents (inventions). There is not a legal category for pa r ents.
You may want post this as a probate question as it may be possible that your father did not do estate planning and the default rules will be applied.
This is... Read more »
This is a hard question to understand. Do you currently have a sole proprietorship? Or will it be a new one? Nothing is required to establish a sole proprietorship. Your income is reported on Form 1040, Schedule C or C-EZ. You should be running all income through a separate bank account to... Read more »
Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... Read more »
Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »
My grandmother and my father are listed on a life estate deed. The land in the life estate was to go to my father upon her death, but she outlived him. He died without a will. What happens to the land in the life estate since he died before her? He has a wife and 2 sons. His mother is still living.
The remainder interest is a part of your father’s probate estate. A probate case is needed to pass it to his heirs. Who inherits depends on whether or not he made a will and what his will said.
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