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My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More 
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answered on May 3, 2024
Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:
- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More
For a will dispute to discredit a beneficiary.
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answered on May 2, 2024
Sometimes yes, sometimes no. There is no exact law. I am not sure what discrediting a beneficiary is, but that is not a Will Contest. You probably need to retain an attorney to represent you as you are obviously confused as to what is going on.
.y friend lived with an Elderly gentleman for 2 yrs. Sheis a beneficiary in his trust. And the trustee and executor of estate took POA immediately. Came to house and took will and other stuff from house. Came back next day( mon)and bullied my friend. Telling her she was going to get a considerable... View More
answered on May 2, 2024
I think it would be very unusual for the person named as trustee in a testamentary trust not to have read the Will before the testator dies. Usually, the testator would discuss his Will and wishes with his trustee and make sure that the trustee is willing to perform those duties and will honor the... View More
My mother issued an attached amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again... View More
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answered on May 2, 2024
In California, the enforceability of a debt amendment to a revocable trust that is later amended without including the debt amendment can be a complex legal issue. Here are some points to consider:
1. Revocability: If the trust is revocable, the grantor (your mother) generally has the right... View More
The employees at the county clerk's office informed me that the case is pending and there is not a personal representative assigned. Therefore, they do not have anyone to receive the documents for the claim. The one-year deadline is June 25, 2024 for the decedent. I need to request an extension.
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answered on May 1, 2024
You might consider making a Motion to appoint yourself as administrator due to being a creditor. A lawyer will be necessary, and probably a Bond. Then you file the claim against the Estate. The claim may not be worth it, but this happens alot when clients die with a pending case.
I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More
answered on May 1, 2024
Good afternoon,
Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:
a) you are a beneficiary with an interest in the estate;
b)... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
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answered on May 1, 2024
Under California law, the enforceability of an amendment to a revocable trust, such as the debt amendment you mention, depends on the specifics of how the trust and subsequent amendments were executed and their contents. If your mother's later amendments to the trust did not specifically... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
answered on May 1, 2024
There are different ways to amend a trust. One way is to prepare a document called an Amendment, which will only change certain words, sections, paragraphs, or other specific parts of the trust. The other parts of the trust that were not changed in the Amendment normally remain part of the trust.... View More
My mother issued an amendment to her trust for a debt she owes me to be paid after her death from the house owned by her trust. She has since signed the same trust with a different date than the original trust (amendment is to original dated trust) and she has amended her trust again without the... View More
answered on May 1, 2024
An amendment to a trust that follows proper formalities, including reference to original date, is generally enforceable. The inclusion of a notary stamp lends further credence to the enforceability of the amendment. From what you have described, it seems that the debt amendment has been amended... View More
My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More
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answered on May 1, 2024
I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:
1. Military records: To obtain your... View More
New Mexico only the personal representaive can get bank stmnt
and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial
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answered on May 1, 2024
I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:
1. Hire an experienced estate attorney: Given the complexity of your case, involving... View More
can they claim ownership? can i get removed even tho its an irrivocable trust ?
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answered on Apr 30, 2024
In a joint revocable trust where you are the sole trustee after inheriting it from your parents, your brothers generally cannot successfully take you to court to claim ownership or remove you as the trustee, assuming the following conditions are met:
1. The trust was properly created and... View More
can they claim ownership? can i get removed even tho its an irrivocable trust ?
answered on Apr 30, 2024
A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More
We have paid 100% of the expenses for the last 10 years or more. The boat is in my name and is also included in our trust. The trailer is in his brothers name. I am willing to either give him back the trailer or pay him market value which is at best $2000 he wants it back which I would do or pay... View More
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answered on Apr 30, 2024
Based on the information provided, it seems that you have a strong case to maintain ownership of the boat. Here are a few key points:
1. Verbal agreements can be legally binding in California, but they are often difficult to prove in court. The fact that the boat is in your name and... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
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answered on Apr 30, 2024
While it is possible to amend a revocable trust with a notarized declaration, it is not the most advisable approach for several reasons:
1. Proper procedure: Amending a trust should follow the procedure outlined in the trust document itself. Most trusts require a formal amendment document... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
answered on Apr 30, 2024
If you want it done correctly, have a lawyer draft and notarize the Amendment. Most trusts have a provision saying that Amendments to the Trust must be prepared using a specific type of document, certain words, and using specific procedures so the Amendment will be considered valid. If your trust... View More
I don't have time to make other needed updates to the trust, but the appointment of a new executor is really important. Can my husband and I write up a declaration about it and have it notarized? Would that hold up?
answered on Apr 30, 2024
Changes to living trusts are generally notarized, so assuming that you have drafted the amendment/declaration correctly, it should hold up. However, there are other documents that have executors and also power of attorney, and it would be advisable to have it done correctly. You mentioned it was... View More
It was never filed and the estate was never settled. Uncle had no debt. The son ( deceased heir) has outstanding income tax debt. The son’s criminal attorney has uncles will and refuses to release it to family. My mother and aunt (uncles sisters) are now closest living relatives and heirs to my... View More
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answered on Apr 30, 2024
Hire a NC attorney to probate Uncle's Estate. With Letters of Administration, you will be able to demand the will document, which then is administered by the Executor. You still might be the Administrator with Will Annexed. However the devise might not go to you, and you might be only... View More
answered on Apr 30, 2024
There are attorneys who can set up the things you list in your post. But it might be difficult for attorneys here to respond with offers of their services - the format here is limited to Q & A. You're going to need to reach out to attorneys. You could search attorneys on your own, you use... View More
Would it be valid in NJ? What about those "Will kits" that Staples sells, are they valid? Also can I do the same for a POA document?
answered on Apr 29, 2024
If done correctly it certainly could be valid, the problem is many aren't and thats where your heirs will spend tens of thousands of dollars and can take years to settle your estate where as if you just spend a few hundred more you could have saved them all that trouble. Be smart hire a lawyer... View More
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