answered on Feb 13, 2023
An e-mail may be admissible in evidence if a party can establish a hearsay exception and authenticate the communication. Hearsay is an out-of-court statement a party wants to introduce into evidence to prove the truth of the matter asserted. If made by a party, an e-mail may qualify as a party... Read more »
have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?
answered on Jan 31, 2023
Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »
I am divorced. want to file quick claim deed . Im
age 90 he lives with me now. a neighbor also said deed of gift
answered on Jan 16, 2023
Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... Read more »
Level which is undesirable. Will or living trust? Any Help with elder orphan status in law firms trustee holder. Executor, financial poa esp if not a solo law office?
answered on Dec 25, 2022
It is difficult for me to understand your question as written, but, in any event, there is no way to analyze your situation in any usable manner without reviewing your finances, the trust, and your state's Medicaid law. There are often means to qualify for Medicaid using special needs trusts,... Read more »
answered on Nov 21, 2022
A will may be modfied with a codicil. Most attorney advise against the use of a codicil for various reasons. As it requires the same formalities as a will, the testator is often better off by simply writing a new will.
A trust may be modified in accordance with its terms, or, in certain... Read more »
My mothers estate? But mind you he couldn't represent me in criminal court because of conflict of interest cause my sister works for him. Should be the same with the estate?? I asked my sister for a copy of estate paper work and I'm getting no response? I need to know what my rights are... Read more »
answered on Nov 12, 2022
In my opinion lawyers who focus on one area of the law shouldn't dabble in areas of law they aren't familiar with. It can breed malpractice claims.
There are a lot of missing pieces in your short question. I suggest you consult an experienced probate law firm for a consultation... Read more »
Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... Read more »
answered on Oct 1, 2022
There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... Read more »
My fiancée of whom we shared a child together passed away unexpectedly from a stroke. And of course it’s a case of I ntestate succession. Vital statistics customer service told me that since our daughter is a minor and I am not next of kin I can’t obtain a death certificate. Is this true??... Read more »
answered on Sep 14, 2022
Interesting issue. His daughter plainly has standing, and you are surely eligible to be her next friend. But, let's start simpler by approaching this through the need you have. If he has an estate, are his parents filing it? You don't need the death certificate if they get it unless... Read more »
We were all served paperwork stating that the property would be auctioned off to pay what's owed and we would receive the difference. A couple weeks after the auction date I contacted the law office in charge of the sale to see how much the property sold for. I was told it didnt go to auction... Read more »
answered on Sep 8, 2022
Wow. You probably did a very stupid thing by not stepping in. In a foreclosure, the secured and foreclosing party will bid as much but not more than what is called the upset price. That is the amount they are owed after fees and expenses. In a very hot market, especially with all the many varieties... Read more »
I have 2 siblings, both of which had separate judgements paid off by the estate when we sold the family farm. The siblings along with myself were listed as co-owners of the estate when my dad passed, so the judgements had to be paid before any funds from the sale were released. I shouldn't... Read more »
answered on Sep 8, 2022
Take the net proceeds of the sale and add back the amounts of the judgements that were paid, then divide that sum by the number of equal shares. Each beneficiary’s share is that quantity less the amount of judgements paid on his or her behalf.
My 6 siblings and one will not get out for me to sell the house in virginia. What can I do without having to go through probate
answered on Sep 2, 2022
Without Probate, the Will means nothing. Any of the Heirs as Tenants In Common can file a Partition action.
I live in PA and the house is in VA, what would I have to do to get my half of the equity in the property
answered on Aug 27, 2022
The answer depends on a number of issues, but, at least theoretically, you already own the property subject to the estate’s need to sell it to pay creditors. What you need to do is determine the liquidity of the estate and the complete title to the property, and, if you share title, determine the... Read more »
My parents told me they wanted to leave me their house when they both past away. I sold my house and moved in with them. One year later my father pasted away and not even 2 months later my mom said that she wasn't going to leave me the house because she had 3 other kids to think about. Is this... Read more »
answered on Aug 14, 2022
Almost all contracts are verbal, either oral (spoken) or written. A last will and testament requires certain formalities, as does a revocable or irrevocable trust. Both must be in writing and signed. In spite of the absence of a written will, trust, or contract, in some instances a court can... Read more »
I currently have guardianship and conservatorship over my Aunt. She is elderly and in a nursing home with hospice care. Hospice has asked me to start preparing for her funeral arrangements. She has a living will that will leave everything to myself and my brother. Is there a legal way I am supposed... Read more »
answered on Aug 4, 2022
A living will is an advance medical directive. It contains instructions for medical care if the principal becomes incapacitated.
I will assume you mean a will and I will assume that your aunt resides in Virginia, although you appear to be posting from Maryland.
Once your aunt... Read more »
My father passed recently and we have the estate process going with my sister as executor. His bank account has enough to cover what we paid in funeral costs but there is 1 outstanding credit card debt so I was hoping funeral reimbursement superceded that.
answered on Jul 30, 2022
Section 64.2-528 of the Code of Virginia sets out the order in which debts are to be paid when assets in the personal representative's possession are not sufficient to pay all debts and demands. This is known as an insolvent estate. Funeral expenses are third priority, after costs and... Read more »
My mother died and had three life insurance policy’s. I was the sole beneficiary for all but one. The last one states it goes to the estatee, nobody was named. Who will that policy go to? Will it split between all children or will we have to go to court for one person to get it?
answered on Jun 3, 2022
A life insurance policy payable to the estate should be deposited in the estate account. The personal representative of the estate should have opened an estate bank account and obtained a taxpayer identification number for the estate. The personal representative must qualify through an... Read more »
answered on May 26, 2022
Have you asked your siblings or (step-)mother or other relatives if there is a Will or someone is filing probate? Did he have assets, and should you file as Administrator? A consult with a lawyer discussing your situation might be helpful, and, if that lawyer opens the estate, you’ll be repaid... Read more »
My mother (and father) are deceased, and my brothers and I rent her home in Virginia, using a property manager there who rents and manages the care of the house on my behalf (I live in Washington state). From the funds I collect monthly from the rental, it all goes into an account(s) from which I... Read more »
answered on May 17, 2022
Set up a trust. It won’t be hard, but it’s not a DIY project. Get Virginia counsel.
I am trustee and beneficiary of my mother’s revocable trust, also POA. My husband and daughter are listed as beneficiaries if I were to die, but my sons are not.
Mother is in a memory care facility with dementia.
As trustee, if the three of us sign a disclaimer, am I allowed to... Read more »
answered on May 16, 2022
There are often opportunities for tax savings as well as better planning in this sort of setting, but much depends on what the trust says. I see you are across the border in York, PA. I can refer you to someone, but you need a Pennsylvania admitted trusts and estates lawyer.
Estate has been opened since 2019, majority of breaches happened that year but va has two year statue of limitations. Not sure if I have a chance in court, or do I just have to take a loss?
answered on May 10, 2022
If a fiduciary mis-handles an estate, then having them pay improperly handled money and property is technically called a 'surcharge' and is suing on the bond. That statute is ten years - see Virginia Code 8.01-245, here: https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-245/.
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