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I would rather not officially split and subdivide the property. I would like to keep the whole piece in tact yet give my kids who would like to build on the property actual ownership. They also do not want to spend money to build without having ownership.
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answered on Sep 5, 2024
If descendants want to own land then you will have to survey it into multiple tracts. Then hire a very competent lawyer to draft future interest deeds for each tract. Ask him to explain various estates, like: life estate remainder; contingent remainder; executory interests; reverter; and... View More 
I am both insured and the beneficiary now but I don't have any of the paperwork I don't know who the agent was I was very young when I was purchased how would I do this?
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answered on Jan 4, 2024
To collect on a life insurance policy where you are both the insured and the beneficiary, but lack the paperwork, you'll need to embark on a process of discovery to identify the insurance company and policy details. The first step would be to try and recall any information about the purchase... View More
The bank also changed the name of the trust slightly knowing I don't have access to the paperwork
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answered on Jan 2, 2024
If you have been designated as the trustee and beneficiary of a trust fund without being provided information about it for 31 years, it is crucial to take steps to gather details and ensure that your rights and responsibilities are clear. Start by reaching out to the family members who appointed... View More
Funds or benefits or proceeds can be pulled through. Is it true that you can't ever erase the record of that because it was pulled through life insurance? What would somebody do to recom p whatever was taken from them through this policy and does the insurance company hold any liability for... View More
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answered on Jan 2, 2024
In the context of a conduit policy in life insurance, it's important to understand that the record of transactions or benefits passed through such a policy typically cannot be erased. This is due to the regulatory requirements in the insurance industry which mandate thorough record-keeping,... View More
losing benefits?
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answered on Dec 7, 2023
If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More
In my ongoing estate case heard in a judicial district of a county, my motion was denied by the judge, who based the decision on a law traditionally associated with estate law. However, my motion was supported by a different law that pertains to business, religion, real estate, and land law. Can a... View More
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answered on Apr 18, 2025
Your question is far too broad to give an answer. But judges often adjudicate a case based on laws that one party may not feel are controlling, and this happens alot in Probate. The losing party can file a Rule 59 Motion or an Appeal. Consult quickly with an ID attorney as time is running.
One trust is a revocable living trust that became irrevocable in 1997 (QTIP) and 1999. The partitioned portion of the trust for minor beneficiaries was not filed until 2015 as was done so in a different county but within the same state. The 2015 filing states the Trust has not been filed before.... View More
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answered on Sep 25, 2024
You will need an ID attorney search the titles in both Counties, and read whatever Trust Instruments available. Who is the Trustee? No lawyer can give you competent answers without a proper investigation.
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answered on Sep 11, 2023
The handling of your late mother's bank accounts depends on various factors, including the account type and how they were structured. If you were listed as a joint account holder or if there were payable-on-death (POD) or transfer-on-death (TOD) designations in place, these accounts may... View More
Hopefully I can explain this so it's able to be understood. If I give my husband POA over me, and someone besides myself has power of attorney over him, can the POA over him do anything involving me to "override" him? Like concerning bank accounts and similar things.
answered on Jul 6, 2023
Unless you give your husband the power to delegate the authority you are giving to him to someone else in your power of attorney, any person to whom your husband may give a power of attorney does not have authority to act on your behalf under the power of attorney you give to your husband.... View More
answered on Jun 5, 2021
Yes, you should have a simple addendum or amendment to the trust to document this change. Do not do this on your own or cross out the first name and add in the second name.
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... View More
answered on Jan 28, 2021
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... View More
answered on Nov 17, 2020
Hello,
You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The... View More
I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.
Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.
The interview was to be free as is... View More
answered on Sep 23, 2020
A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... View More
Towards the end we had to move him into hospice care in Idaho so that he could be near family. We are trying to figure this out but neither of us has been through this before.
answered on Sep 10, 2020
His place of domicile when he died was Idaho, whether or not he happens to own property elsewhere
out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?
answered on Sep 10, 2020
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... View More
answered on Apr 28, 2020
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... View More
My father didn’t want to do anything about it when she died less than 10 years ago.
My uncle just died in California. What are my and my two brothers’ and possibly my father’s legal options in regards to that inheritance? We live in Idaho.
answered on Jan 25, 2020
Your uncle's estate will likely be distributed according to his own estate plan, as opposed to your grandmother's. If your uncle has no trust or last will (his "estate plan"), his assets will be distributed according to a table of consanguinity. That table basically looks at... View More
If My mother suddenly dies. Do they own her possessions because they are own the house?
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answered on Jan 5, 2020
No, the personal property is not included in the sale UNLESS the purchase and sale contract specifically includes the personal property and the personal property is transferred to them during your mother's lifetime by a Bill of Sale.
Idaho
A trust was formed and land was put into it.
After this the land was placed in an LLC in 2011, but the Named owner of the LLC is a person (the grantor of the trust), not the trust. In other words the trust does not mention the LLC and the LLC does not mention the trust.... View More
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answered on Oct 21, 2019
If you can show that the LLC membership interests are owned by the trust, then you would need the trust instrument in order to properly administer it.
If the LLC membership interest is owned by the decedent, then the first place to look is the LLC operating agreement or perhaps a... View More
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answered on Aug 19, 2019
You can, but the lender can still foreclose.
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