I am his brother. Also the executor of his will and the only person named in his will.
answered on Aug 15, 2020
Typically a bank will not accept that. Signing your brother's name is a forgery. Acting as though your brother has signed the check over to you is a fraud. More important is from whom or where is the check? Does your deceased brother deserve the money? If you take the money, and it turns... View More 
I cannot travel due to pandemic. How can this be carried out the easiest. She also needs her will revised. Do any attorneys make house calls? She is 92.
answered on Jul 20, 2020
Your friend needs to contact a local attorney in California. You do not need to do anything for her to make you her power of attorney or for her to revise her will. That will be handled between her and her attorney who is licensed to practice law in California.
My step mom owns an apartment building that she wants to sell. Her mother owned it then passed away and on her Will left it for my step mom. My step mom never had it switched over to her name but has been having people live there and taking care of it for two years. How long does it take to switch... View More
answered on Jul 13, 2020
The property must be in your step mother's name for it to be, ultimately, legally transferred. I would recommend you speak with an attorney whose focus is in Probate. Since the mother passed away 2 years ago, a probate estate will probably have to be opened so that the property can be... View More
Father died & step-mom is selling their marital home. His Will only named his current wife. Upon selling their marital home of 30 years she remembered the title is joint tenancy with 50% to her and 50% to his 4 heirs (2 are her biological children with him and 2 are only his biological... View More
answered on Jun 29, 2020
It seems you have property rights in the home. I believe she is mistaken that your property rights will be wiped out in the probate court. You were given the property before your father died, which means that part of the property does not go through probate. I would not sign the quit claim deed if... View More
I am legally divorce with my husband but we both signed a document appointing me adminIstrator of the estate we are finalizing a lawsuit. Am I the one who distributes the funds to him and our children or who is the one responsible to do that ?
answered on Jun 19, 2020
Yes, the administrator of the estate is responsible to ensure the bills are paid, the taxes are paid, the assets are accounted for, any specific gifts are properly distributed, and the remainder of the estate is then distributed per the wishes of the grantor.
There can be co-administrators.... View More
Do I have any right to the value of these after 30 years of marriage
answered on Jun 16, 2020
I’m SO sorry to hear about this; how awful.
A surviving spouse is entitled to half the assets of a deceased spouse. Please call me at (312) 300-4743 to discuss, if you’d like.
If my neighbor is complaining about installing gutters, do I have to install them? Am I legally obligated to install them?
answered on Jun 16, 2020
An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to reach a local attorney, you could start some self-help research by looking into state building codes (and local ones as well, if they address the issue). If such regulations or codes exist,... View More
Six weeks after his death my sister passes. She had a husband but no children. I am the executor and wondering if I have to pay out half my father's estate to her husband. Nothing has been distributed yet and they were talking about a divorce so it feels wrong to pay half of my dad's... View More
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answered on Jun 11, 2020
It does depend on how the will was worded. You should have it reviewed by a probate attorney.
answered on May 19, 2020
A person can make a claim of disinheritance in their will, yes. It must be an act of affirmation - in other words you need to state that you are disinheriting person "X". The disinherited party would still have an opportunity to show cause to a judge as to why they should take of the... View More
2nd wife never lives nor contributed to the family home. Father passed away. Sister lived and paid all the bills at the fam. home, but she recently passed away. When selling the property does 2nd wife has the right to the 50% when we sell?
answered on May 13, 2020
Who holds title to the family home? Did your mom have a will? Was the property held by a trust, individually in either your mother or father's name, jointly by both of your parents or in some other manner.
Those questions must be answered. When did you mom pass away and was a... View More
Do we sell the house? I will not have the income to make the mortgage payment and the upkeep on the house. We also have a car payment, we are upside down and have 6 years left on the loan. Should we trade down? Also a personal unsecured loan with 5 years left to pay. Help please
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answered on May 13, 2020
You need to consult with a financial advisor regarding your specific circumstances. There are too many facts missing and, in any event, this forum is not for personalized advice; it is best suited to answering simple questions with general applicability. A financial advisor can help you make a... View More
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answered on May 13, 2020
Powers of attorney are automatically revoked at death. You will most likely need to be appointed executor of his estate by a probate court. However, there is a simpler procedure available if the vale of all of his assets, including house, cars, bank accounts, etc. is less than $100,000. A probate... View More
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answered on May 12, 2020
If it's a secret about which you have no notice, how do you know about it? Having said that, if you truly haven't received any notice, then you can file a motion to vacate any judgment that has been entered against you. I recommend contacting a divorce lawyer who practices in the county... View More
The house is currently being paid off with commingled funds and I have contributed financially to the improvement of the home. My husband has it in a premarital living trust. We do not have a prenup but all of his assets are in a premarital revocable trust. Do I get nothing if we split?
answered on May 11, 2020
The marital estate should be reimbursed for the marital funds that were spent on the home improvements. Whether it should be reimbursed for the principal reduction of the house payments is something to be argued on a case by case basis.
My mom‘s fiancé recently passed away in September. He had a 2009 Lincoln MKS that I was driving up until two months ago when I took it to the bank for them to put it in the auction with the intention of buying it back. They told me that I had to wait until the auction opened up and bid on the... View More
answered on May 2, 2020
If you turned title to the car over to the bank, then yes - they own the car and can do with it what they want. Unless you have a written agreement with the bank that obligates them to put the car up for auction so you could bid on the vehicle, the bank had no requirement to do that.
Or do I have to assume the loan first
answered on Apr 14, 2020
A debtor's assets in bankruptcy include property received by bequest, devise or inheritance. Please review section 541 of the bankruptcy code before making any decisions. If you are inheriting the house and there is equity, you need to analyze how that equity is treated if you file for... View More
Living in home with owner since 2014. Verbal agreement to be her caretaker and pay utilities and upkeep of home. All utilities in her name but paid out of my bank account. Notarized letter of residency w/ mine and her signature for schools for my children to attend each year. She passed away... View More
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answered on Apr 13, 2020
According to your own recitation of the facts, the verbal agreement was premised, at least in part, on you being her caretaker. Now that she is deceased, the verbal agreement to stay and serve as her caretaker is ended. You have the option of either vacating or negotiation a rental agreement... View More
My sister has my moms cremains and I'd would like them split. So my sister and I each have 1/2 and my parents are together. My sister says because she has had the remains at her house because my dad didnt want them at his house when she first passed away that they are hers. Legally do they... View More
answered on Apr 1, 2020
The easy answer to this is "no", your mother's ashes do not legally belong to your sister. I hope the two of you can work out this matter amicably and not have to take it to court.
The annuity is not in the trust but list beneficiaries. The trust designates the deceased portion to go to his children. How can we assure that happens?
answered on Mar 30, 2020
Without seeing the annuity itself it is difficult to answer. However, if at the time the payout is made, the payout is made only to the living beneficiaries, there are several options they can take to ensure that the descendants of the deceased beneficiary receive his equal share under the... View More
My wife and I had a will completed in 2003. We would like redo. Due to pandemic circumstances we were considering completing on line. If we were to complete on line today. Would the will be (in force) as of its filing on today?
answered on Mar 21, 2020
755 ILCS 5/4-3 of the Illinois Probate Act states that every will shall be in writing, signed by the testator and attested (witnessed) by 2 or more witnesses. Preparing something online only does not comply.
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