James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.

According to California Probate Code Section 16460, if you were not properly notified of the administration of your... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:

1. Statute of limitations: In California, the statute of limitations... View More

Other counsel are correct - we don't have enough information and you should consult with a lawyer - take all your divorce papers with you to the consultation, especially any separation agreement you had and the final decree of divorce.

This forum is designed to give you a quick... View More

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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answered on Apr 27, 2024

In the United States, irrevocable trusts are generally not required to pay income taxes on monetary gifts they receive, as long as the gifts are within the annual gift tax exclusion limit. For the tax year 2024, the annual gift tax exclusion is $18,000 per recipient from each donor. This means that... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

At the federal level gifts are not taxable to the recipient. The gift giver might owe gift tax but that is highly unlikely to apply to such small amounts. Some states might have lower gift tax exemptions but, again, even those would be unlikely to impact such small gift amounts.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024

No, the person paying the property taxes alone cannot automatically take ownership of the property simply because they are the only one paying taxes. Here's why:

1. Legal ownership: The ownership of the property is determined by the will, not by who pays the property taxes. If the... View More

Yes you do, and estate planning is easy!

There are several important reasons why a young professional should consider getting a will done and engage in simple estate planning:

1. Protecting Assets: Even if you don't have substantial assets now, you may acquire them. A will... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

Based on the information you've provided, it seems that your lawyer may have been negligent in not properly addressing the 1998 trust when it was first discovered, especially if it would have been possible to challenge the 2014 trust at that time. However, whether this constitutes legal... View More

Gratia "Grace" P. Schoemakers Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024

It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.

If you have questions as to what the order means, or you believe that the order was given... View More

It will depend on what the Letter of Authority provides- whether the property can be sold or mortgaged during a time that the estate action is open, will be determined by the Court. Additionally, it will depend on whether the decedent died intestate or not - but it is not uncommon that one or more... View More

As long as you and your wife own the house "as husband and wife" or "as tenants by the entirety" on the Deed then the house will automatically go to the surviving spouse. They will just need to record the Death Certificate with the County to clear title. If your Deed does not... View More

The answer to your question depends on the wording on the Deed for the cabin. It's possible that the Deed includes language like "with right of survivorship." In that case, if you die first, the other 50% owner will automatically inherit your share of the cabin. If the Deed does... View More

If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit... View More

You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More

A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More

In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024

Both Ohio and Tennessee are part of the Uniform Trust Code. That means that a trust in either state will be enforceable in the other, so it doesn't really matter who drafts. There may be other planning reasons to stick with an Ohio lawyer, but it's not this one.

You can probably use an attorney in either state. I would defer to your state of residency, though, since other assets could end up in the trust. Further, you may want a will that addresses your trust and the TN lawyer cannot draft a will for an OH resident. Location of the successor trustee(s) and... View More

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answered on Apr 21, 2024

If you have been named in your late Uncle's Living Trust, which was forwarded to you by a family member in 2023, there are several steps you should take:

1. Read the Trust document carefully to understand your role and the assets you are entitled to receive.

2. Contact the... View More