Noel Rivers' answer No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.
F. Paul Maloof's answer Since you father died without a Will, the Virginia Code's provisions of Intestate Succession control the distribution of his estate. The Virginia Code's provisions for Intestate Succession are long and complicated. It would be best for you to hire a lawyer to provide you with a written opinion relating to your questions. This public website is not an appropriate and confidential way to provide an opinion of Virginia law.
Kim Ebert's answer According to your statement, the divorce decree says "age appropriate devices." It's probably a safe bet that telephone qualifies, but it depends on what your judge defines such devices as appropriate at certain ages. You should consult with an attorney for a better opinion based on the divorce decree (and settlement agreement if there is one).
~ Kim Ebert, Attorney at Law, (678) 818-6543, serving Georgia, Florida, Hawaii and several Federal Districts.
John B. Palley's answer Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...
John B. Palley's answer Honestly I would petition the court and ask to switch to IAEA powers, get bonded, and get rid of the blocked account. It will be easier to handle estate business including, eventually, selling the house. There is a judicial council form to make the switch to full IAEA powers. If you don't have one I would advise hiring attorney. Should make your life easier. -John
Ryan K Hodges' answer The exemptions are found at A.R.S. § 11-1134, https://www.azleg.gov/ars/11/01134.htm. Subsection (B)(8) usually applies to transfers to trust, but you should review it and the others to be sure it fits your situation.
Jennifer Sheila Kornblum's answer You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.
Ryan K Hodges' answer An agent under a power of attorney cannot usually transfer assets to himself. That is typically considered self-dealing and not allowed. On the other hand, you may look into ADOT MVD Form 96-0561, Beneficiary Designation for Vehicle Title Transfer Upon Death, and really you should get a last will and testament in place.
Mark Scoblionko's answer If the trust is revocable, you can do a letter to the trustee revoking the trust. If you are the trustee, it would be a letter to yourself, as trustee. The fact that you were the settlor is irrelevant.
You would then change the bank accounts and have to have deeds prepared for the properties and recorded. There may be transfer taxes on the real estate conveyances.
A lawyer would have to review the trust instrument to determine what happens to all the assets if the trust is...
Bruce Alexander Minnick's answer You are advised to hire a lawyer to help you inform the IRS of these important circumstances. If you are not a co-borrower or a guarantor on the student loan debt you have no legal obligation to repay your husband's student loan. However, if you and your husband are co-owners of any real property, bank accounts or other assets you should ask you lawyer to help you protect yourself before more trouble appears at your door.
Jeffrey Louis Gaffney's answer Yes you can, but it would be a very bad idea anyway you look at it. The executor would be personally liable for any debts or taxes if he gave away too many assets.
Normally it requires the assent of all the parties involved, so any one person can block it.
A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the...
Richard Samuel Price's answer No, a petition and an order to withdraw funds from a blocked account are separate forms. Use Judicial Counsel Forms MC-357 and MC-358 to request withdrawal of funds from a blocked account.
Phillip William Gunthert's answer Very sorry for your loss and the passing of your mother, please accept my condolences and sympathy at this difficult time. Generally, if there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply to her estate and any assets that are in her name alone will likely have to go through some version or probate, the type of probate will be determined based upon the type of assets and their total value, if under $75,000 it would be Summary Administration, if above, not...
Anthony Marvin Avery's answer The Bill is against the Deceased. It is not your responsibility. If the Creditor wishes to Probate the Estate (for their benefit), then that is their choice. You should not have contacted anyone, because now they may try to hold you liable.
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