I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house...Read more »
My father and mother had a living trust written up in 2004. My dad passed away in June of 2010 my mother remained alive and then passed away in september of 2019. There are six children who are the beneficiaries my oldest brother is the trustee/beneficiary. After my mom passed the trust was never... Read more »
You need to hire a trust administration attorney to help you with this. A living trust and a corrective deed are two completely different things. A living trust is an will-substitute that contains the grantor's plan of distribution for his or her estate upon death, among other things. A deed...Read more »
My stepmother informed my siblings and myself about our father's will. We have contacted her because we live in Texas and wanted to know more information about it. She refused to speak to us about the matter. Each one of us has recieved a letter from an attorney asking us to donate our share of the... Read more »
Generally speaking, TOD means "Transfer on Death," and STA means "Securities Transfer Association." Your question remains open for four weeks; for a meaningful explanation of these terms, you should consider consulting with an attorney knowledgeable in probate/estate law, more than simply what the...Read more »
You will need to contact an attorney who handles contested probate cases. Failure to properly serve or give due notice to a required party has serious consequences. However, you will need an attorney to help you assess if that's what happened in this instance.
So my cousin just passed and her house was put in hers, her sons and my moms name. Her son has warrants and will most likely be in prison for a few years. So I'm wondering if my mom get's the house if he is locked up? Does she pay him his part even though he is locked up?
The fact that one of the people on the deed is locked up will not prevent him from owning that share. Your mother could purchase his share from him, yes. She should have a real estate attorney help her with this.
There is also the question of what happened to the decedent's interest. If...Read more »
Yes, of course. Anybody can quitclaim property they own to another person. Whether or not that is a good idea is an entirely different question. Most of the time it is a bad idea for multiple reasons, including without limitation, loss of control, loss of step up in basis at death, clouding the...Read more »
POA is not Conservatorship, they are abusing POA. My Lola is my Valentine every single day, to keep us apart is cruel. When she asks for me and they don't allow me to see her, that is cruel and elder abuse. I used to be my Lola's 24/7 live-in care provider since her kids and grandkids are deadbeats... Read more »
My father has a will he created by Legal Zoom, when living in NY. He passed away while residing in NC. As I was named the executor, I met with the county clerks office to begin handling his affairs. I was told that NC requires the last 2 pages of the will (notary & witness pages) to be notarized.... Read more »
The is no requirement for a notary to be involved in a Will at all in New York. Estate Powers and Trusts Law (EPTL) 3-2.1 requires the signature of the person signing the Will and two witnesses. None of those signatures need to be notarized.
NJ intestate laws support spouse keeping whole estate but will in NY specifies 1/3 of his portion to surviving spouse and 2 adult children as heirs of his estate. I live in NY and estranged mother in NJ. She wants me to authorize will administrators to send her entire amount so she doesn't have to... Read more »
You need to speak with a probate attorney. Depending on how much money there is in the estate there may be money you are entitled to under the will. How ever without knowing your father's debts, and total assets there is no knowing if you would be able to collect anything if your mother chooses her...Read more »
What if I were to want to leave property to my children equally, but when they also pass away, have them leave what was inherited from me to their living siblings first and not their spouses, children, etc. Is that an option?
Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime...Read more »
My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.
The residence was initially set up to be sold and proceeds divided by the children in the trust. Later the originator of the trust filed a life estate for the residence to be left to only one of the children with the right to reside in the residence to his death. The life estate was not made part... Read more »
A revocable living trust only governs the assets that are inside it when the trustor dies. During the trustor's lifetime, the trustor can place items in the trust and take items out as he or she sees fit. It sounds like this trustor took the property out of the trust and disposed of the remainder...Read more »
My sister is the executor. She has requested all information regarding this investment from the lawyer that oversees it. He is refusing to send us any information. He also said he has no obligation to pay us out upon her death. he states when he receives proof of deat he will consider our request.... Read more »
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