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...Read more »
I’m so sorry to hear of your loss; I hope you’re hanging in there.
When someone has a trust, the purpose is to avoid probate. The way you avoid probate when you have a trust is to fund the trust by making sure the trust is listed as beneficiary (or owner) of assets. There are...Read more »
I'm so sorry to hear of your mother's passing; I hope you're hanging in there.
Her estate may need to go through probate. Probate court proceedings are needed when 1) someone owns real estate or 2) other cumulative assets that don't name a joint owner or beneficiary...Read more »
We are fighting over the copy right. I have his dna but he never knew me he was my dad. He was madly in love with my mother. My uncle and my mother have stated after dna test that he is my father… he lived in California. San Jose. Also who would get his life insurance?
Just to be clear, affidavits of heirship are filed in conjunction with a petition to open an estate. If your grandparents have filed such a petition, you can appear in that case and let the court know where you stand and provide the court with relevant facts. If no such petition has been filed,...Read more »
The longer answer is that the executor's duty is to "carry out the wishes of the decedent," acting in the utmost good faith to protect the interests of the beneficiaries, "exercising at the very least that degree of...Read more »
A Ward has the opportunity to seek to restore himself or herself at any time. This request can be made to the Judge directly or to the Guardian ad Litem (if one was appointed). Though it's not required, it would aide the Judge in making a determination that your circumstances have changed so...Read more »
We are unsure if there is a will. How do we find out if there is one? My wife's sister is currently living in the house my mother in-law owned. There is life insurance policies, bank accounts and other assets. If there is no will and we are not on speaking terms with her sister, how do we go... Read more »
John, I'm sorry to hear what you're all going through.
In Illinois, wills are required to be signed and witnessed by two people. If there is a will, all wills need to be filed in the county in which the Decedent resided within 30 days of death. If there is a valid will, and it...Read more »
She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her... Read more »
I'm so sorry to hear about your mom; I hope you're all hanging in there.
If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative...Read more »
My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.
You need to open a bank account for the estate. To do that, you will need a federal tax id number for the estate and the letters testamentary from the court appointing you as executor. After opening that bank account, you can deposit the check into the estate bank account.
Sorry for your loss, Amber. If you are sure that there is a will, and if you are sure that your cousin is the executor, you should ask the executor. These things do take time to work themselves out, so depending on "recently", it may still have a lot of time before it is all said and...Read more »
Without knowing the specific facts it is hard to tell what is going on here. For example, if your dad had transferred the real estate to her during his lifetime, then she is within her rights to sell the property as she is the rightful owner. You could check with the Recorder of Deeds in the...Read more »
As part of the divorce settlement, he kept the condo in Chicago. He remarried 2 years ago, but didnt put his wife's name on the property. He was literally at the condo getting it ready to sell when he died (massive heart attack). He did not have a will, so his current wife contact 2 lawyers... Read more »
There's also a house he claimed he bought from my parents I asked him
Show proof he will not its part of the asset well time is up and he will not add the house just wants to split the trust as is what is my legal right he also had to take money out of the trust fund to pay off this... Read more »
If you are a beneficiary you have a right to see at least some of the trust paperwork, and likely all of it. Some trusts may include language limiting information which can be shared. It sounds like your brother is the named trustee. To start, you can ask to see the names of trustees in the...Read more »
When it comes to selling and buying, most everything is negotiable. If they are not willing to sell 100% of their share, then the value of that share may be greatly diminished. The remaining plaintiffs could sue in court demanding that the sale include mineral rights, although nothing is...Read more »
I live with my mother, helping her with bills and running errands for her since she had been on oxygen, she just had a stroke and is now in the hospital. I am one of 3 sons. One brother has legally been left in charge of her finances, the other in charge of her medical. She was wanting to put me on... Read more »
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