Get free answers to your Estate Planning legal questions from lawyers in your area.
I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More 
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answered on Nov 9, 2023
If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The... View More
She lived in wisconsin.
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answered on Sep 6, 2023
After she passes, yes if you are still a beneficiary. Until then, no.
Me and my ex wife won a lump sum from a settlement from a malpractice suit our son received his amount and is not available until he is 18. Is there a trust I can have his money put in so when he turns 18 he will get a small portion amount or being able to withdraw funds for college if he decides... View More
answered on Jul 13, 2023
Sounds like the settlement proceeds for your son were placed only a restricted bank account. The better choice would have been to place the money in a structured settlement, which the money could have been paid out in portion throughout time. You will need to consult with an attorney in your area... View More
I paid the truck off and would like for our son to have it. My name is on the title too.
answered on Jul 13, 2023
You should look at the Illinois Secretary of State information relating to the transfer of jointly owned title from a decedent's estate. This link should help. https://www.ilsos.gov/publications/pdf_publications/vsd275.pdf
My dad gave me $215,000 to buy a house as a gift. The mortgage broker prepared a gift letter for me (19) to purchase this house in my sole name. I dislike my dad and he is toxic to my mental health. Down the road, I would like to kick him out of my house, since my name is on the mortgage and... View More
answered on Jul 10, 2023
You're going to need more than free advice on the internet. Consult with a local real estate attorney ASAP.
answered on Jul 6, 2023
The power of attorney for property, also known as a durable power of attorney, does not authorize anyone to own your property. In fact, it does the exact opposite. The agent under the power of attorney MUST use the assets ONLY for the Principal.
B. As agent you must:
(1) do what... View More
The legal document stated that id been given the full inventory list/asset list and that he forced me to sign it and said that I wasn't allowed to look at that paper bc I didn't have a lawyer. Is there anyway someone could help me? I feel like he screwed me out of my share or my full... View More
answered on Jun 21, 2023
In Illinois petitions to reopen an estate are governed by 755 ILSC 5/24-9. Estates may be reopened to permit the administration of a newly discovered asset or to permit the administration of an unsettled portion of the estate. The petition may be filed by any interested person. You will need to... View More
My mom has not reported my moms death or put the house under her name and I’m wondering if I can inherit it.
answered on Jun 6, 2023
If your grandparents did not have a will, the default inheritance rules of the State of Illinois apply. Under the default inheritance rules, the first in line to inherit are the spouse and children of the decedent. Grandchildren would only inherit assets if their parent (the child of the decedent)... View More
What is the best way to put the house in my name? Are there any options where it can be gifted to me so I don't have to take out a loan? Would buying it be best (and would a first-time homeowner's credit apply?) Are there any other options? I plan actually to live in the home and not... View More
answered on May 26, 2023
Your grandparents can deed the property to you, but this is problematic because there is a mortgage on the property. The mortgage likely contains an acceleration clause that states upon transfer of the property to a third party, the mortgage will be immediately due and payable on full. Further, if... View More
answered on May 25, 2023
You may have a claim against the bank for failing to properly ID the person withdrawing the assets. I recommend speaking with a lawyer to discuss your options.
My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More
answered on May 17, 2023
Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... View More
I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI.
answered on May 15, 2023
It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal... View More
answered on Jan 27, 2023
First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... View More
Trying to fill out an Executors Deed. I have one executor but about 6 heirs/grantees. Do I just list each heir and their percentage and say individually? For example: John Doe (20%) individually, John Doe Jr. (20%) individually, etc. Should percentages not be included?
answered on Jan 23, 2023
An Executor's Deed or Administrator's Deed is generally utilized when the Representative is "selling" real estate to a third party.
On the other hand, when a representative is merely releasing the estate's interest in the property and confirming title in the heirs... View More
There is a guardian (co-guardians in this case), a will, and a trust. The ward dies, the will has no written instructions for disposition of remains. Who is the 1st person legally responsible for making decisions about the disposition?
The guardian, the guardian who also is executive... View More
answered on Nov 16, 2022
Powers of attorney and guardianships end at death. The only person with any legal authority is the executor of the will, who will have letters of office. That person has to see to it that bills are paid, including the funeral, cremation, etc.
There are two beneficiaries currently: daughter and granddaughter. Lawyer insists there needs to be third but the Grantor only wants the daughter and granddaughter on there.
answered on Oct 3, 2022
I think there is some confusion about what the attorney is likely asking.
Going only by your question, and having not seen the trust or the details, the grantor does need to add some information regarding additional beneficiaries. The missing blank which needs to be filled in is, what... View More
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answered on Sep 14, 2022
Tax laws and ERISA Qualification laws come to mind. Banking Statutes also cover Trust Regulation. Securities Law may often be indirectly determinative. There are probably many others. Obviously Anti-Trust Statutes. State Laws control most disputes, but Trusts often involve several possible... View More
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answered on Sep 14, 2022
Oh my, yes, there are a TON of federal statutes that impact trust planning, too many to list. You will find a great deal in the Internal Revenue Code and also Title 42. That is not necessarily a complete list, but it is where a great many exist, and it is a good start.
answered on Aug 22, 2022
Hi there,
No, the name of an estate bank account should include the name and title of the representative: "John Doe, executor/administrator of the Jane Doe Estate".
Thank you, and wish you the best of luck!
Order of Protection of was filed against daughter, who then turned around and filed Petition of Guardianship on the mother requesting order of protection. Mother had not seen daughter for over 3 yrs, as mother claimed daughter harassed her, and stole large amount of cash. Eventually the Protection... View More
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answered on Jul 21, 2022
Yes, the court will ignore this if they do not know about it. Somebody needs to alert either the guardian ad litem or intervene in the case.
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