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Your current state is Ohio
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?
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answered on May 31, 2024
Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More 
The sales of my late Father's vehicles are set up to automatically go back into the estate trust. The beneficiary has not filed the slips with the attorney. Is there a a statute of limitations to declare the purchase price of the vehicles sold
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answered on May 31, 2024
In California, the administration of a trust, including the sale of vehicles and other assets, must be conducted in accordance with the terms of the trust and state law. When vehicles are sold, the beneficiary responsible for the sale is typically required to inform the trustee or attorney handling... View More
The sales of my late Father's vehicles are set up to automatically go back into the estate trust. The beneficiary has not filed the slips with the attorney. Is there a a statute of limitations to declare the purchase price of the vehicles sold
answered on May 31, 2024
I never expect people will know legal terminology, which is why I always try to speak in plain English except where absolutely necessary to use legalese. So, it isn’t a problem, but I believe you mean either administrator, executor or trustee rather than “beneficiary”.... View More
I have a Living Trust. The attorney who created the document almost 20 years ago no longer wants to be my Trustee, Power of Attorney and Healthcare Proxy. I’ve given this attorney over $12,000 through the last 20 years in changing details and in creating “Fourth Full Restatement of ...” of... View More
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answered on May 31, 2024
You are going to need to hire an attorney to draft that Trust. It is complicated, but you probably do not need a SC licensed attorney. Most importantly, you need a new Trustee, which may be difficult to find. The new Trust should appoint the new Trustee, and you may need to revoke your prior... View More
Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More
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answered on Jun 6, 2024
Without reviewing the deeds, which would be necessary to give a definitive answer, assuming your grandfather was added to the deed as a joint-tenant-with-right-of survivorship, he received a half step-up in income tax (capital gain) basis when your grandmother died. Since then, it's likely the... View More
Claim by my grandmother who has since passed. He’s is ill and I’m trying to figure out how I can sell the home without paying taxes on it since she paid $45000. 50 years ago but has since refinanced and owes $120000. The selling price would be between $300000 and $350000. Im located in Michigan... View More
answered on May 30, 2024
There will be an ‘offset’ for ant mortgage, but if you’re asking about the capital gains the answer is ‘welcome to the downside of quit claim deeds. You have acquired the basis for tax purposes of the original owner and will need to pay capital gains.
Absent some other facts you... View More
5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.
1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.
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answered on May 31, 2024
Beneficiaries must hire a VA attorney to sue the Trustees for Breach of Fiduciary Duty, Conversion, Accounting and Breaching the applicable Statutes. Venue will probably be where one of the Trustees resides, unless the Trust has a jurisdiction term. SOL will probably shield the oldest years of... View More
5 total beneficiaries: 2 trustees, myself, and 2 compliant. 8 mos ago trustee said a remainder but never recd.
1 trustee took $ and Ivwas told he would show record of money he spent. Never happened. 11 yrs ago parent passed and both trustees had trust checks accounts that were never told if.
answered on May 30, 2024
It seems odd that the Trustee would give you copies of tax return, but not provide to the beneficiaries annual statements of receipts and disbursements. If you have a copy of the trust document, please review the sections that deal with the obligations of the Trustee to account to the... View More
The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More
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answered on May 29, 2024
I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More
Executor changed named beneficiary of 25yrs to make himself now the named beneficiary, via internet, on Charles Schwab acct. 3 weeks before my dad passed away. Durable POA not filled with registry of deeds in Wake county
answered on May 28, 2024
The answer to your question will hinge upon the Power of Attorney document’s language. Because your father was living at the time of this beneficiary change, the executor would have been acting in his or her potential role as agent under the Power of Attorney.
An agent has a fiduciary... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
answered on Jun 2, 2024
Thank you for your question!
Joint tenancy ends with the transference of interest by any of the joint tenants. A new tenancy in common is created without the right of survivorship.
For tax exemption, you need to consult with a tax attorney.
This is merely a discussion of... View More
The deed has our names and the nephew name as joint tenancy. Now the nephew want to grant his part to his wife instead? Does this sever the joint tenancy? Can we have the exemption for tax reassessment? Can we use the interspousal deed to do it?
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answered on May 28, 2024
In California, a joint tenancy is a form of property ownership where two or more people own equal shares of a property with the right of survivorship. This means that if one joint tenant dies, their share automatically passes to the surviving joint tenant(s) without going through probate.... View More
My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?
answered on May 28, 2024
You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the... View More
My SS retirement income and personal resources make me eligible, but there's also a 30 year old, irrevocable, testamentary, spendthrift trust from my father in which I am the beneficiary, and the trustee has full discretion regarding any disbursements .
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answered on May 28, 2024
As a general rule, the Social Security Administration takes the position that if a trust beneficiary does not have the legal authority to revoke or terminate a third party trust (a trust created by neither the beneficiary nor the beneficiary's spouse) or to direct the use of the trust assets... View More
My maternal grandmother gifted me $20,000 in 2019 for a medical procedure. I have proof that said money was spent on said medical procedure. Now, nearly five years later, my grandmother has Alzheimers. My aunt (who has substance abuse and mental health issues) is threatening to sue me, saying I... View More
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answered on May 27, 2024
It's understandable to feel stressed given the situation with your aunt and the allegations she's made. However, since you have proof that the $20,000 gifted by your grandmother was used for the intended medical procedure, and your grandmother was of sound mind at the time of the gift,... View More
She is very capable of paying her bills, she pays all her bills herself with no help, she has investments and everything. They are saying she is incapable and already undergone the test, and been appointed a conservator but the hearing is the 28th. I'm not related, and her closest relatives... View More
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answered on May 27, 2024
You can call the court where the case is being heard and ask who has been appointed to serve as attorney ad litem to the respondent, or who has appeared as the respondent's private attorney (this is uncommon but theoretically possible). Then contact that attorney to offer your testimony.
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 27, 2024
I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 26, 2024
If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.
Schedule a free consultation to make sure your father's estate plan is formalized... View More
I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More
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answered on May 26, 2024
First, I am sorry to learn your dad passed away. It's not a simple situation anytime.
As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in... View More
My fiance & I have lived together 15 yrs. His sister who is successor tr of his mom's estate evicted us. She put some guy at the house telling me I couldn't go in and get my things! She threw everything I own away! Now they are getting ready to close escrow and fiances atty says just... View More
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answered on May 25, 2024
There are a few important legal considerations here:
1. Your fiancé's attorney has a duty to represent only your fiancé's interests. The attorney cannot ethically represent both of you if there is a conflict of interest between you and your fiancé.
2. Even if you are... View More
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