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1 Answer | Asked in Contracts, Estate Planning and Probate on
Q: My mother passed. She had a vehicle that we sold to one of the spouses. There are 4 children. How should the sale and

Proceeds be divided.

Anthony M. Avery
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answered on Apr 10, 2024

Unless Mother had a surviving spouse, her next of kin are her surviving children equally unless there is deceased child with issue who then take the deceased parent's share. If there is a surviving spouse, then some States give him either a third or half before the remainder to the... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Alabama on
Q: How long do you have to start settling someone's estate
James Blount Griffin
James Blount Griffin
answered on Apr 9, 2024

A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More

1 Answer | Asked in Estate Planning for Florida on
Q: How can I obtain an affidavit that states the estate is not indebted. I have a will leaving everything to me.

I need it to get the car title put into my name

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 9, 2024

It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More

2 Answers | Asked in Real Estate Law and Estate Planning for New York on
Q: My late father did not include me in his life estate. My mom is the life tenant and my brother is the remainderman.

My brother recently passed away, now it's just me and my mom. Is there any way for me to be added to the life estate?

Carl Nelson
Carl Nelson
answered on Apr 8, 2024

You may share in whatever interest your mother has if she conveys it (all or a share) to you, but she cannot convey more than she has; so her life tenancy would not extend beyond her lifetime. Upon her death your brother’s heirs or those named in his will if he had one (whether that includes you... View More

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1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: How long is the statutes of limitation for Annunity checks?

I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More

James L. Arrasmith
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answered on Apr 6, 2024

I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More

1 Answer | Asked in Estate Planning for Texas on
Q: How can a surviving spouse with a Deed of Trust get a Deed of Warranty when spouse died 5 years ago?
James Tittle
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answered on Apr 5, 2024

I am sorry to hear about the loss of your spouse. While a little more information may be needed to completely answer this question, it sounds like you might need to go through the probate process in order to transfer ownership of this property. Deeds may only be signed by a living person.... View More

1 Answer | Asked in Estate Planning for Missouri on
Q: If I have a will when I pass away, will my beneficiaries have to go to probate court?

Also, the difference between beneficiary and TOD?

Kelisen  Binder
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Kelisen Binder
answered on Apr 5, 2024

In Missouri, having a will does not allow your heirs to avoid probate court. However, there are strategies to minimize the probate process or bypass it altogether for certain assets. Here are some considerations specific to Missouri:

Small Estate Affidavit: Missouri offers a simplified...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Can a company just completely keep every thing about late husband's Estate from from his Widow.

My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.

To answer your question directly - no, a company cannot legally withhold all information about a...
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2 Answers | Asked in Estate Planning for California on
Q: When filling out reassessment exclusion for parent/ child who would the seller/transferor be?

House was inherited from my mothers trust. I am trustee and beneficiary. Not sure if transferor should be my mother, the trust, or myself as trustee.

Julie King
Julie King
answered on Apr 4, 2024

Two things: (1) Proposition 19 completely changed the property tax laws so the overwhelming majority of real estate in California will be reassessed to current value -- meaning property taxes will go up substantially in many cases -- so it isn't automatically true that the parent-child... View More

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2 Answers | Asked in Estate Planning for California on
Q: When filling out reassessment exclusion for parent/ child who would the seller/transferor be?

House was inherited from my mothers trust. I am trustee and beneficiary. Not sure if transferor should be my mother, the trust, or myself as trustee.

James L. Arrasmith
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answered on Apr 4, 2024

Under California property tax law, the parent-child exclusion allows the transfer of a primary residence (and up to $1 million of assessed value of other real property) between parents and children without triggering a reassessment of the property value for property tax purposes.

In your...
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Q: Who could I contact regarding some people who have done fraud to steal a person legacy

My friend who passed away had a Patton and trademark that some people have made up fake marriage and other recorded doc to steal his legacy?

James L. Arrasmith
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answered on Apr 4, 2024

In California, if you suspect fraudulent activities concerning a person's legacy, including patents and trademarks, it's crucial to address the matter with urgency due to the potential legal implications and the risk of significant financial loss. You can reach out to an intellectual... View More

2 Answers | Asked in Estate Planning and Probate on
Q: Can a house go on the market and be sold pending probate?

The probate end is Oct. 17th 2024. Can I put the house on the market in July with a closing date of Oct. 17?

James L. Arrasmith
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answered on Apr 3, 2024

In most cases, a house can be listed for sale while it is still in probate, but the sale cannot be finalized until the probate process is complete. This is because the executor of the estate must have the legal authority to sell the property, which is granted by the probate court.

Here are...
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1 Answer | Asked in Contracts, Estate Planning and Probate for Illinois on
Q: I have a loan, the loaner passed away. Beneficiary is handing his estate and now want the checks made out to them.

I have a loan contract that the loaner passed away a few months ago. The person handling the estate just informed me that they are having issues cashing my checks that are made out to the deceased name. Now they want me to write the checks in their name going forward. They did not open a bank... View More

Nina Whitehurst
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answered on Apr 3, 2024

It is very perilous for you to do what they are asking! What if they are lying about who the proper heir(s) is/are? You could give them a lot of money and then when the proper heirs come along you have to pay the real heirs all over again. Don't do it!

Keep making the checks payable...
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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

if you answer was same rule every inherence property During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Sathappan Muthu Krishnan
Sathappan Muthu Krishnan
answered on Apr 2, 2024

During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or separate generally is marital property regardless of... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Ronald Lee Baranski Jr
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answered on Apr 2, 2024

In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More

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2 Answers | Asked in Divorce, Estate Planning and Family Law for Texas on
Q: Is the purchase of a property protected in Texas during a marriage if the source of the funds from inheritance?

Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.

Gratia "Grace" P. Schoemakers
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answered on Apr 24, 2024

In Texas, property acquired during a marriage is typically considered community property and is subject to division upon divorce. However, there are exceptions to this general rule, particularly concerning inheritance.

If one spouse receives an inheritance, those funds are generally...
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1 Answer | Asked in Estate Planning for Michigan on
Q: My husband owns three LLC's, no end of life docs. If he dies, do those businesses transfer to me, or include his sons?

He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.

Edward Gudeman
Edward Gudeman
answered on Apr 2, 2024

The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.

Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable...
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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: My Grandparents left a will with the house in Monroe La. to their 2 sons, also on the will is my cousin and myself

before my dad passed (my uncle died 1st) he hired a lawyer and paid to have the house put in his name because he wanted to sell the property. my dad passed and the will has my cousin (my uncles oldest and me, my dads oldest) left on the will, I spoke to the lawyer about my dads passing and he said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 2, 2024

Sounds like you need to have a longer conversation with the lawyer to get a clearer understanding of what's the holdup here. If yoou are unable to have that conversation with the lawyer, then you may want to consult with a different lawyer in the area. Alternatively, if you have a personal... View More

3 Answers | Asked in Family Law, Probate and Estate Planning for New York on
Q: How can I find out if my deceased brother has any open bank accounts like savings or certificates of deposit?

I am my brother’s only living heir.

Bonnie Lawston
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Bonnie Lawston
answered on Apr 2, 2024

The best way is to run a social security search. However, if you were appointed as the fiduciary of his Estate you could contact the IRS and obtain a transcript to see what has been reported in the past, contact the local banks and other financial institutions and review all his records, bank... View More

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