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Your current state is Ohio
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More 
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
I went to a bank to get my simple will notarized and he would not notarize it unless I has a Doctors note saying I am of sound mind and body. I have never heard of such a thing. The will clearly states that I am stating I am over 18 yrs old, of sound body and mind, and under no constraint and... View More
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answered on Jul 8, 2024
A notary cannot make you do anything. However you cannot make the notary seal a document either. You may wish to find another notary, and probably some witnesses. Better yet, hire an AZ attorney to draft and execute your Will. Apparently there is something clearly odd or wrong about the... View More
excuted donation when the land and property are not registered? Was the donation process illegal and can the lawyer be held accountable for malpractice if it impacted tax liabilities to all other heirs of an unregistered, unsegregated land belonging to multiple parties?
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answered on Jul 2, 2024
This is a complex question involving several aspects of Puerto Rican property law, tax law, and legal ethics. I'll break down the key issues and provide some general insights, but please note that this is a situation where consulting a qualified local attorney would be crucial for specific... View More
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More
answered on Jul 1, 2024
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your... View More
Can a person contest an irrevocable trust two years after they received a copy of the irrevocable trust.
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answered on Jun 29, 2024
To answer this question accurately, we need to consider a few key points regarding irrevocable trusts and trust contests in California:
1. Statute of limitations:
In California, the general statute of limitations for contesting a trust is 120 days from when the trustee serves the... View More
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
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answered on Jun 29, 2024
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the... View More
answered on Jun 28, 2024
Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More
My uncle had a living Trust. I am the trustee. I gave the bank the Certification of Trust, and I opened a Trust account at Chase bank to pay the bills. Now that he has passed, the bank wants me to get probate court to list me as the administrator of the estate.
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answered on Jun 27, 2024
To address your question, I'll break down the key points and provide some guidance:
1. Requesting to be named administrator:
To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
answered on Jun 29, 2024
Thank you for your question!
It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.
The terms of the trust control who is in charge of the assets. If... View More
Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More
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answered on Jun 27, 2024
I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More
We are 3 siblings/beneficiaries of our mother's trust. Our sister wants to buyout the 2 of us. Will the buyout payment each of us receive be taxable? Will either of us 2 buyout recipients be responsible for higher property tax payments if they become due prior to the sibling property transfer?
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answered on Jun 27, 2024
Based on the information provided, here's a general overview of the tax implications for a sibling buyout in California:
1. Taxability of the buyout payment:
The taxability of the buyout payment depends on several factors:
a) If the buyout is for your share of the... View More
Insurance policies that are listed on a schedule B with the intent of the settlor placing them in the trust, but settlor never did. Later he wrote a beneficiary on those insurance policies. Who do the insurance policies belong to, the beneficiaries in the irrevocable trust or the beneficiary on... View More
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answered on Jun 26, 2024
Given the complexity of this situation, it would be advisable for all parties involved to consult with an experienced estate planning attorney who can review all relevant documents and provide guidance based on the specific details of the case. The outcome could depend on the exact language used in... View More
Executor is not family member. Will left estate to executor but did not leave any directions for cremated remains of my sister. Executor is refusing to release remains to me, only surviving next of kin, saying the deceased entrusted her with the remains. Burial date has been set, expenses paid,... View More
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answered on Jun 26, 2024
This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:
1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this... View More
None of the income benifercaries ever received any of the properties and bank accounts and 219 shares of stocks in ouachita national bank. All accounts are cod accounts and are still open never managed trust correctly. Now there is no body managing trusts can I file new jop naming new trustee and... View More
answered on Jun 26, 2024
I do not know how much money and/or the value you are discussing but there seems to be some worth here--as such I strongly discourage you proceeding without an attorney--------my advise is that you use the Justia Find a Lawyer at the top and search for a lawyer in the area you are located and the... View More
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answered on Jun 25, 2024
I understand you're dealing with a difficult situation regarding your late father's estate. Based on the information provided, here's a general overview of how California law might apply:
1. In California, if someone dies without a will (intestate), the distribution of their... View More
I wanted the bank at my local bank where the deceased Account holders accounts were as well and I have a great relationship with them. My attorney has a relationship with a different local bank and basically said no to My bank and made me open one at the bank of his choice. He made it seem like I... View More
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answered on Jun 25, 2024
You might want to hire another attorney. His suggested choice of banks is not legally binding nor illegal. But if you really want to bank somewhere else, you will need another attorney as the present one wants to do business with who he knows.
My Grandmother signed some documents while sick in a Hospital in PR and has since passed. Her Family never received a copy of the document signed and her heirs have not received their share of inheritence from the sale of a large multi-acre sale in Puerto Rico. My mother is now up in age and... View More
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answered on Jun 25, 2024
Based on the information provided, there are a few potential avenues you could explore to research unclaimed funds from the sale of a family estate in Puerto Rico:
1. Departamento de Hacienda (Department of Treasury):
This is indeed a good place to start. The Departamento de... View More
Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More
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answered on Jun 26, 2024
This situation involves complex legal issues related to trusts, power of attorney, and potential financial exploitation. Based on the information provided, here are some key points to consider:
1. Power of Attorney (POA) vs. Successor Trustee: These are typically separate roles with... View More
Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More
answered on Jun 24, 2024
The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.
The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal... View More
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answered on Jun 24, 2024
Good news! The answer is no, you do not have to pay for a new will. Indiana law allows for the use of something called a Codicil which makes changing certain details about a will simple and easy.
You will still want to do this with an attorney’s assistance, because there are specific... View More
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