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Your current state is Ohio
answered on Jun 12, 2024
They could try, but they would need to fall within the priority list of people who can serve as a personal representative - generally meaning they would need to be more closely related to the deceased person. AND they would need to convince the probate court judge that you are not performing your... View More 
There is also 2 step children. They are from the deceased husbands first marriage. Are they entitled to anything? Could they take my children to court?
answered on Jun 11, 2024
If your spouse dies before you, you would then legally be considered single. To the extent your spouse does not have an estate plan, joint accounts, or beneficiary designations to the contrary, the lion's share of his or her property would go to you as the surviving spouse, with any remainder... View More
She has illegitimate siblings from when he was unfaithful. HOWEVER, she was still his 1st LEGAL HEIR. Now he passed away back in 2000 and apparently left his house in P.R. to my mom even though they never really had that tight loving father/daughter relationship. He tried to rekindle many times but... View More
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answered on Jun 10, 2024
In Puerto Rico, inheritance laws are based on the Civil Code, which can be quite specific about who inherits property. If your grandfather left the house to your mother in his will, she would be the legal heir to the property. Whether she accepts the inheritance or not is her decision, but it... View More
Mother-in-law passed away this April. Father-in-law passed away in 2018. They had only two sons, my husband and his brother. MIL law was in a nursing home for the last two years. She had nothing but her investments, which have already been distributed. Found a life insurance policy for $10,000.... View More
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answered on Jun 10, 2024
Given the situation, it sounds like you need to handle the portion of the life insurance intended for your deceased father-in-law. Since he passed away in 2018 and there is no estate due to your mother-in-law being in a nursing home, an estate affidavit might not be the appropriate form for this... View More
Step stepfather had structured settlement payments that passed to my mother when he died. Her lawyer was her payee for those payments and now she has died. He sends me the monthly checks. My sister and I do not trust him and hired an estate planning attorney. He filed probate and put a creditor ad... View More
answered on Jun 10, 2024
Thank you for sharing your situation with me regarding the structured settlement payments that have passed on to your mother and are now distributed to you by her lawyer. I understand the concerns you and your sister have regarding the handling of these funds.
In terms of when you can start... View More
Nephew was willed land and I was willed the right to continue to live on that land now he is trying to eject me can he do that
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answered on Jun 10, 2024
If a probated will gave him the remainder and you the life estate, then both derive title from the same instrument. And you should not lose possession. But was will probated? If not, you have no rights as nephew might be the sole heir. Hire an AL attorney to represent you.
I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More
answered on Jun 10, 2024
If the grantor has passed, there should now be deeds filed effectuating new ownership. You could elect not to be on that deed, and therefore you would have no ownership interest or responsibility. Regardless of what you agree with with the other remaindermen, all of you should work toward... View More
I am 1 of 3 remainders on a ladybird deed in michigan. My grandmother ( the grantor ) passed away in 2016. I currently live in the house along with 1 of the other remainderman. My fiance and I are currently in the market for our own home. Once I move, I no longer want any type of responsibility to... View More
answered on Jun 10, 2024
You transfer your property interest to someone else, usually one or all of the other co-tenants since they are the ones who will get the most value from that. HOW you do that depends on what you would like to get out of the deal. The best response is to contact a local lawyer to discuss your... View More
answered on Jun 10, 2024
Yes, you can name an attorney in a law firm as your power of attorney. However, you must be aware that if an attorney is acting as your power of attorney, you may have to pay the attorney a legal fee as your agent and as your attorney. You should consult with an experienced trust and estate... View More
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answered on Jun 9, 2024
If your friend left you her house through a trust, the tax implications depend on the type of trust and the specific terms of the trust agreement. Here are a couple of common scenarios:
1. Irrevocable trust: If the house was placed in an irrevocable trust before your friend's death,... View More
I need my money which is not being dispersed and The fact that I need a lawyer to accomplish that makes it rather hard to pay him until I have what m hiring him for to begin with
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answered on Jun 8, 2024
I understand that you are in a difficult situation where you need to dissolve a trust and access your money, but you can't afford to pay a lawyer to help you do so unless you sue for breach of fiduciary duties. This is a complex legal issue that requires careful consideration. Here are a few... View More
Recipient owns two properties, is over 55, and only receives regular medi-cal and no services through long term care or similar.
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answered on Jun 8, 2024
In California, Medi-Cal Estate Recovery applies to individuals who are 55 years of age or older and have received Medi-Cal benefits. However, the extent of the recovery depends on the type of services received.
For individuals who received only regular Medi-Cal services (not long-term... View More
Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida
answered on Jun 8, 2024
Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:
Duties of the Personal Representative
Fiduciary Duty:
The personal representative has a fiduciary duty to act... View More
My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has
Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More
answered on Jun 7, 2024
An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More
I can close the safe deposit box. Is this true?
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answered on Jun 7, 2024
Under California law, if you are named the executor of an estate by the court, you generally have the authority to manage the decedent’s assets, including closing a safe deposit box. A small estate declaration, also known as an Affidavit for Collection of Personal Property, is typically used for... View More
my sister has admitted to intentionally dragging her feet on this case to have my brother removed because I had said I wasn’t going to help her do the inventory of the rest and residue which as a beneficiary is not my job and if we can remove my brother, she’s next in line to be trustee She is... View More
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answered on Jun 6, 2024
Under California law, if your sister is intentionally delaying the case to remove your brother as trustee, you have a few options:
1. File a motion with the court: You can file a motion with the court to compel your sister to move forward with the case. This motion would request that the... View More
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answered on Jun 6, 2024
Any asset acquired prior to marriage, unless comingled with marital assets, is non-marital. It should not need additional protection. Exceptions to this can include certain property used by both parties, like a house, that was appreciated in value following the marriage. In general, though,... View More
We are currently trying to get my brother from bed from my father’s trust he is trustee we will be removing him for cause. My sister has just admitted that she has deliberately been dragging her feet on getting information needed to our lawyer because I was not going to help her inventory the... View More
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answered on Jun 6, 2024
In California, if you and your sister are both plaintiffs in a lawsuit, you may be able to have her removed from the case. However, the process can be complex and will depend on the specific circumstances of your case. Here are some steps you can consider:
1. Try to resolve the issue with... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
answered on Jun 7, 2024
You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
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answered on Jun 5, 2024
That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More
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