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My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More 
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answered on Jun 5, 2024
There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.
Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
answered on Jun 7, 2024
Thank you for your question!
The revocable trust can be revoked by the trustor (your mom) and not by trustee or beneficiary. The only person who can transfer the trust assets from trust to your name, is your mother as long as she is alive.
When the trustor passes away, the trust... View More
I am the only heir/successor trustee of my mom's revocable trust. I want to change the deed at the REG/rec in LA, ca, from my mom as primary trustee (SHE died in 2/24) to me (the only successor trustee) as SOLE owner.
2. DO other forms go with (need to be filed with) the... View More
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answered on Jun 5, 2024
To change the ownership of the house from your mom as the primary trustee to you as the successor trustee and sole owner, you typically use a grant deed or a quitclaim deed. Both documents are straightforward, but it's important to ensure they are filled out accurately to avoid any issues.... View More
When me & my husband got married, we got a joint bank account and my mother in law asked to be power of attorney. Not knowing what it all meant I said yes. I am still learning what it all means as of now being that a friend informed me when I bought up the subject, so I was told to ask... View More
answered on Jun 5, 2024
You have concerns and rightfully so----however, your post is unclear in that you state that your mon asked to be power of attorney and we do not know who has given her power of attorney and to what extent she was given power of attorney. I believe you really should sit down with an attorney to... View More
Only two Heirs (sons), all debt has been paid
Does an attorney need to submit this form to Probate or can I, as Executor?
answered on Jun 5, 2024
You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.
Schedule a... View More
Special needs. Then why am I still outside?
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answered on Jun 5, 2024
I'm sorry to hear about the difficult situation with your father's will and estate. It sounds like there may be some legal complications and disputes with your sister. Here are a few thoughts:
Under California law, the terms of a valid will generally dictate how assets are... View More
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answered on Jun 3, 2024
If the Will was Probated, then it is in some file of a Court with Probate Jurisdiction. Start with the County where Decedent died and look for the Probate Court. On occasion a copy of a Will is filed as a muniment of title in the property records.
There was a will put in place in 1973 my grandmother passed away in 2015 the probate was never challenged and my father passed away in 2019 my grandmother only had two children did my aunt having power of attorney give her the ability to override the wheel?
answered on Jun 3, 2024
A power of attorney ends when the principle who signed the power of attorney dies. A will does not go into effect until it is probated and a will can only be probated after the individual who signed it dies. So the attorney-in-fact named in a power of attorney cannot override a will.
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answered on Jun 3, 2024
No. In New York, to be valid, the Will must be signed by the person making it in the presence of at least two disinterested witnesses. There is no requirement that the Maker's (Testator) signature be notarized. However, it is advisable that the two witnesses sign an affidavit at the time... View More
Dad was diagnosed a few weeks ago and can no longer drive, manage his finances or cook for himself, per the evaluation. The forward prognosis is difficulty dressing, bathing and feeding within a year. I am a licensed CPA and need to confirm what I can and should not do. I have durable POA and it... View More
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answered on Jun 3, 2024
Do you need to as a matter of law? No. Will every nursing home, health care provider, and bank give you a hard time about the POAs and make you jump through a million hoops that you wouldn't have to do if you had guardianship? Absolutely yes.
He barely meets living expenses so I'll not be repaid in monthly payments. He owns a home and has life insurance. He offered to list me as beneficiary on his life insurance or should we use his home? (he has adequate equity) What kind of legal document/letter do I need to ensure repayment... View More
answered on Jun 2, 2024
A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.
I have been appointed as executor once she can no longer manage. Does spending the estate down, then unable to pay property taxes grounds for removal as trustee of estate? She has until the end of this month (June 2024) to pay $2,770 in property tax or it will fall into default. The property is... View More
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answered on Jun 2, 2024
As a beneficiary of the family trust, you need to ensure the property tax is paid to prevent the property from falling into default. Since the current trustee is unable to manage the payments, you should consider stepping in to help manage the trust's financial obligations.
First, try... View More
I have been appointed as executor once she can no longer manage. Does spending the estate down, then unable to pay property taxes grounds for removal as trustee of estate? She has until the end of this month (June 2024) to pay $2,770 in property tax or it will fall into default. The property is... View More
answered on Jun 2, 2024
I usually describe the succession of executors and trustees like a baseball team. The person up to bat right now is your loved one who owns the property and is the executor (if they have a Will) or trustee (if they have a Trust). You and the other “back up” executors or trustees are waiting in... View More
I'm the 47 year old child in question, and my mother did this without my knowledge or consent before I even knew my grandmother had left anything to any of her grandchildren. And my grandmother that passed was my father's mother, not hers. My parents were divorced when I was a young... View More
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answered on Jun 2, 2024
For a parent to legally set up a trust for their adult child's inheritance without their knowledge or consent, certain conditions must be met. Generally, the person setting up the trust must have legal authority or be named as a trustee by the deceased in the will or estate plan. If your... View More
We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More
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answered on Jun 2, 2024
I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More
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answered on Jun 1, 2024
In the United States, there is no federal inheritance tax, but there is an estate tax that applies to the total value of an estate before it is distributed to the heirs. For 2024, the federal estate tax exemption is $12.92 million per individual. This means that an estate valued below this amount... View More
Hello, my father has passed away. He has a vehicle that is being financed under his business name which is no longer active. Today I attempted to get the tags registered, however I couldn’t because the business is no longer registered. My mother was married to him and I am the son with the same... View More
answered on Jun 1, 2024
Unfortunately, if your father's estate has debts, property cannot be transferred out of his name without paying the debts. You can try using a T-20 form at the tag office. However, there is section of the T-20 form where you have to swear under oath that the estate has no debts.... View More
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answered on Jun 1, 2024
It sounds like the sale occurred first, followed by the death. Accordingly, the capital gains tax will be calculated as of the date of sale. There will be no step in basis as of the subsequent death, because the property was already sold. Presumably the sale generated cash, and that cash is what... View More
Some how my sister’s name appears on the property. My mom didn’t know about it
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answered on May 31, 2024
If a decedent does not own a property at his death, then it does not go to his heirs or devisees. Search the title and see if Mother owned the property. If Mom owned it, then eject the occupant. Your lawyer should have told you what the assets were when you did the inventory.
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
answered on May 31, 2024
Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More
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