Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The...Read more »
Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and...Read more »
Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not...Read more »
The house is a long distance from the trustee’s residence and full of personal property to be garnered, valued, and distributed. The house is to be sold with equal shares to beneficiaries. The trustee is one of those beneficiaries.
It sounds reasonable as long as it doesn't take too long. If the trust doesn't speak to that ability, then the trustee probably can. A trustee's actions need to be reasonable or some other standard as outlined in the trust agreement. If this is done, then the trustee will still...Read more »
When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »
If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only)....Read more »
Can the trustees bypass that heir and have it closed anyway? Does an heir who is uncooperative with the trustees and their attorney have any rights to contest what the trustees have done with the trust? The uncooperative heir is myself because of the dysfunctional relationships in my family. Thank... Read more »
I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?
That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other...Read more »
A 62 year old female continues to live in her parents home after they have been dead for several years. She receives minimum disability benefits. The home was part of a trust to multiple family members, one of which has died and the others seem to have no interest in the property as far as... Read more »
If the house has been retitled in the names of the multiple family members as a result of administration of the trust, then the other owners need to sign one or more deeds transferring their interests to the 62 year old lady.
If the house is still in the name of the trust, then the trust...Read more »
My parents and I both used an attorney in South Jordan, Utah to write up trusts in 2014. My parents are now trying to refinance their reverse mortgage. We need information from the attorney. We tried to contact him via telephone and email. Can't leave message and emails kicked back. Checked... Read more »
As a best practice, clients should safeguard estate planning documents rather than the lawyer or law firm. Having a scanned digital copy is also a good idea. You might be able to find some records with the county recorder's office if real estate was transferred to the trust. Otherwise, you...Read more »
I don't know! You live in Utah and things are done differently there! LOL
Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...Read more »
We were in the process of setting up a trust for my sick mother when she suddenly became so sick (the day of hoping to sign in fact). Hindered by getting a notary public because of Covid, is there anything we can do?
Sadly, if the document is not signed it has no legal impact on the estate. If she died with a prior will and trust then that would be controlling. If there is no will or trust signed, dated, witnessed and notarized, then she died intestate. The rules of intestate succession in the state where...Read more »
The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?
He married my mom about 25 years ago and they divorced. He never adopted us girls but was are father. My sister took everything. He always insisted there was a Wil and it disappeared. How can I get my share and how is it legal she can take it all. Its so unfair cause me and my father was the... Read more »
You are legally considered someone's descendant if they were your birth parent or they adopted you. If you are not a descendant, you can only inherit if they leave behind something stating that you are the intended heir. If your sister is the only living descendant of your stepfather, and...Read more »
My ex called me tonight to let me know he is selling his house but can’t because my name is on the title. He is asking me to sign documents that basically give my rights to the house away? I don’t know how this works and I had no idea I was even on the title. We was never married. We bought... Read more »
As a Real Estate attorney, I don't have much to tell you. Outside of a marriage relationship, if someone places your name on the deed, this is normally either a gift, or a purchase, of 50%. When a parent adds a child to their deed, the child is now a part owner.
The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... Read more »
I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.
If the will says divide 4 ways, then that...Read more »
It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking...Read more »
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