Your mother needs to see an elder law attorney as soon as possible. She needs to understand that gifting the house to you will create a long penalty period if she needs Medicaid to pay for the nursing home. For your part, you need to understand the loss of step up in basis associated with lifetime...Read more »
My grandmother passed away with no will and no lawyer contact information. My father (her son) is still living and has taken things such as jewelry, her vehicle, bank and credit cards into his possession. With no will do these things automatically go to him?
If your relative died with no will and you believe that a probate estate should be opened, you should contact a probate attorney in county where your relative lived to discuss setting up a probate estate.
Assets do not automatically past to surviving kin without probate or a probate...Read more »
In Indiana, if you are in possession of a person's will at the time of their death you have a duty to spread the will of record. Even if you are not probating the will (establishing an estate, appointing an executor, etc.) the will still needs to be entered into record.
With the POA he may have had the apparent legal authority to do that, but depending on a variety of factors, that might have been a breach of fiduciary duty (or not). More facts are needed. You should consult with an elder law attorney if you have concerns.
Generally, the named executor can waive their right to serve and if there is a second named executor they can apply to serve. If there is no second named executor then a person can apply to serve with the consent of the beneficiaries and approval of the Court.
An estate planning attorney would need to review the trust or estate documents that are generating the monthly income and would also need a better idea of what assets are held by the trust or estate. It is possible that your mother has no control over where her share of the trust or estate goes...Read more »
I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and...Read more »
Parents want to set up either refinancing to help daughter have money to build house on parents land. Current house and land parents want to go to daughter anyways.no current will is set up. Does daughter need to buy estate from parents? Or do parents set up a will and also life estate? Don’t... Read more »
For an experienced estate planning attorney, this is easy. The best way to avoid probate is to transfer the property to a trust that provides for disposition at death. What kind of trust depends on other goals, priorities, and concerns.
There is no law that requires you to use the services of an attorney to do a transfer on death deed, if that is what you mean, but it would be wise for you to hire an estate planning attorney to understand ALL of your options and the pros and cons of each of them.
Your question leaves out a lot of information that a lawyer will need to give you definitive advice, but the first thing that comes to mind as something that may meet your goals is a transfer-on-death deed.
My name is posted online as the second owner and in the recorders office. My quickclaim was recorded and I have a reciept. What is needed to change myself to the primary owner? My family says a probate is needed, but online I read survivorship. Also my mother was ill and used alias names as she... Read more »
It is not possible to answer your question without reviewing the deed and obtaining additional information. Your best bet is to contact a local real estate attorney and schedule a personal consultation.
testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?
Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids. She... Read more »
You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will...Read more »
I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.
My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.
This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that...Read more »
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