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My mother named me beneficiary to an annuity several years ago. She was placed under guardianship last year due to dementia and in absence of a will the judge ordered assets be split 50-50 between me and my sibling. Which takes precedence?
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answered on Jul 29, 2024
Apparently the Judge ordered a change of the Designation of Beneficiaries. If he did, then the latest Declaration controls. Hire a MN lawyer examine the guardianship and advise The other option is to appeal if you have time, grounds and an attorney.
And so what do I do?
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answered on Jul 26, 2024
It sounds like a difficult situation you're facing. If you believe you are entitled to a portion of your parents' money that your sister took, you should start by gathering any documents that show your entitlement. This might include your parents' will, bank statements, or any other... View More 
And so what do I do?
answered on Jul 25, 2024
I'm sorry to hear about the situation with your parents' estate. In cases where you believe you are entitled to a portion of your parents' money that was taken by your sister, there are several steps you can take to address the issue:
1. Review the Will and Estate Plan... View More
If a will stipulates that each heir receives 25% of assets and there is a specific financial account that has listed two beneficiaries, would the amount received from that account count as part of the division of assets?
answered on Jul 26, 2024
If an account specifically names POD beneficiaries, the funds on deposit in that account become the property of the beneficiaries upon the death of the account holder outside of the decedent's probate estate.
The decedent's Will only disposes of assets in the decedent's... View More
A trust was created 11 days before the spouses passing trying to cut the other spouse out of a condo and pass it on to her kids even though the other spouse has contributed costs to the home . Does it matter if both spouses names are on the home deed? How does the Michigan property act apply to a... View More
answered on Jul 25, 2024
It very much matters whether both names were on the deed. It also matters - moreso - whether this newly created trust was funded. That would mean a deed was signed by the now deceased spouse placing the home into the trust. Even with that, the surviving spouse could elect his or her spousal... View More
Can her home be sold now or after she dies?
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answered on Jul 24, 2024
Most likely she is at a nursing home with the intention to return home if she is able. She can agree to sell her home if she wants to do that. If she does not want to sell it then it will remain hers for life. Although she is not living there right now, that does not forfeit her life estate.
If assets in my will shall pass to a minor and I have named a guardian in the will, must the guardian be approved and monitored by the court?
On the other hand, if the assets are passed to a trustee (whom is also named), must the trustee be approved and monitored by the court?
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answered on Jul 24, 2024
If you've named a guardian in your will for a minor beneficiary, the court typically needs to approve this guardian to ensure they are fit to take on the responsibility. The court's approval process involves verifying the guardian's suitability and may include ongoing oversight to... View More
Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More
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answered on Jul 23, 2024
Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More
I recorded two documents with County Clerk on same day: (1) Cancellation of Transfer on Death Deed (using Texas Transfer Toolkit Dec 2015 form) to revoke a TODD I recorded in Jan 2016 and (2) revised TODD which carries the Document Number following the one assigned to the Cancellation.... View More
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answered on Jul 23, 2024
You definitely have a title problem. Hire a TX attorney to search the title, then draft some replacement deeds and some correction deeds. The consideration clauses should explain what each deed's purpose is, and will also need extensive derivation of title clauses to avoid confusion.
when I was buying my husband credit wasn't good,so I use my daughter's name and credit but it was my money used. I'm sick and would like to protect my husband just in case...
answered on Jul 23, 2024
You will need to schedule a "mini-closing" where you (or your daughter) will need to deed the property from herself, to herself and your husband, as joint tenants (a technical legal term of ownership). Which particular form of ownership would work best requires a detailed review of your... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
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answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More
My sister(co-trustee) has spent her own money on lawn maintenance at my deceased father's house and now is demanding to be reimbursed from the trust. The trust clearly states that while she is living there she is to assume responsibility for general maintenance, upkeep, utilities, etc. It also... View More
answered on Jul 19, 2024
A Virginia attorney could advise best, but your question remains open for two weeks. What kind of attorney? You could reach out to attorneys who handle trusts, wills, and estates. You're correct in your selection of the "Arbitration/Mediation" heading for your matter, since you are... View More
I have a simple will that was signed by myself and two witnesses that are not in the will. I did not get this notarized
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answered on Jul 18, 2024
No, there is no legal requirement that a will be notarized; however it is good to have a will notarized in what is called a self proving affidavit so that one of the witnesses does not need to be called when you die and the estate is probated. Nevertheless, the will is good as is.
My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More
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answered on Jul 18, 2024
The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More
Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.
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answered on Jul 18, 2024
It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.
Property belongs to an elder person and they would like to add a name.
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answered on Jul 18, 2024
Hire a MO attorney to talk to the owner and see what they want to do. The deed can be of many different estates. It is not simple and must be correct to actually transfer an enforceable interest, which will be contested at the grantor's death.
The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More
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answered on Jul 16, 2024
Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.
My brother had a heart attack 20 years ago and it left him severely brain damaged. He has been in a semi-conscious state ever since, living in a nursing home, not able to communicate, walk, sit up unassisted, or follow commands. He does track people when they enter a room. He has been fed through a... View More
answered on Jul 16, 2024
You will certainly need a court order. No medical facility is going to proceed otherwise on such an old directive, especially when there has been care to the contrary since then. There's simply way too much liability here to get it wrong.
answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More
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