If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer her...Read more »
We would give the one son $75,000. Say when we die the one that has the cabin wants to sell. He would be pocketing $150,000. We realized the other son only got $75,000. This is not right though. So would we write up that the one son that got the cash would get another $37,500? Which would then be... Read more »
It depends on what you are trying to accomplish. If I understand correctly you want to gift $75,000 in cash to one son today. Instead of cash, you plan to leave the other son your cabin at death. You could order an appraisal of the cabin now and figure out what it is worth. If it is worth exactly...Read more »
You should see if your father executed a Will before he died. If he had a Will, this document will state what was to happen to his assets and should name a Personal Representative in charge of the Estate. Your Father's house is now owned by his Estate, and unless his Will stated that his girlfriend...Read more »
The name listed at the top of the document is First, middle, last name. However, it was signed as First name, middle initial (only, not whole middle name) and last name. I also have a copy of his drivers license in his whole name, but with the signature the same as on POA: First, MI, Last name, to... Read more »
The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or...Read more »
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,...Read more »
I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do...Read more »
Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will (let's...Read more »
Yes, your Will will still be valid in the United States if you should pass away while living abroad. As long as you are a United States Citizen and maintain residency in one of the 50 States in the United States, then the laws of the state where you have established domicile should govern and your...Read more »
If your question is whether the legal guardian can access the trust funds, it depends on whether the legal guardian is also the person named as trustee in the trust. If they are named as trustee then they will have the power to access and manage the trust funds for the benefit of the trust...Read more »
There are many reasons to use an irrevocable trust, but here are two quick ones. One, an irrevocable trust can be used to remove assets from your taxable estate, so if you have an estate that exceeds the current estate tax exemption levels ($11.18 million per person) you may want to use an...Read more »
I am not sure I understand your question. Are you referring to the Transfer by Affidavit used for probate estates worth $50,000 or less in Wisconsin? If so, the person who completes this Affidavit is swearing to collect the property and assume a duty to transfer the property according to the...Read more »
Yes, in Wisconsin we call the Executor of an Estate under a Will a "Personal Representative" and the Personal Representative is entitled to 2% of the inventory value of the property for which the personal representative is responsible, less any mortgages or liens plus net principal gains for their...Read more »
A revocable living trust will provide a variety of good options for you. You could structure your trust so that after you pass your assets provide income for life to your current spouse, with the principal passing to your children upon your surviving spouse's death. You could also provide your...Read more »
My wife is the co-executor (along with her stepsister) of her stepmothers trust. She made this amendment 1 year before her death and told both of the executors verbally. She had intentions of going to a lawyer to finalize this but never made it. She also included justification for this change... Read more »
I'm a little confused with some of the facts here, but I can answer any questions you have about the timeshare matter. I recently wrote an article about legal options regarding timeshares that you can access here: https://www.targheelaw.com/article
I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?
The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.
Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian) should be the...Read more »
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