Have discovered assets in excess of$50k that I assume sister with POA has kept. Mother passed Oct. 4, 2019. Her home was supposedly transferred on death to sister by other POA (mother's deceased husband), after removing mother's name from deed, yet home is still in his name. Can't... Read more »
Sadly, when a POA does not honor her fiduciary duties, legal action must be brought to rectify the wrongdoings committed. Estate litigation is very expensive so the retainer fee does not sound out of line. You may want to shop for a lower retainer arrangement, but remember the final fee is based...Read more »
Vehicles were not sold before death. One truck was in wife’s name and other was in both. Does the truck default back to the title holder on death of ex-husband or does it still need to be sold and split? What about truck in both names or does it default back to surviving title holder?
He is on probation for 6 months in Indiana but he’s trying to be here with me in St. Louis. We planned on getting married sometimes this year, and he has a job waiting for him here already. Is that enough for them to transfer his probation?
Generally speaking, it is a normal part of the trust administration process to seek a release of liability for the Trustee when finalizing a trust administration. You do not have to sign; however, it would likely hold up the process for you receiving your distribution (and maybe others) from the...Read more »
settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.
Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then...Read more »
Sister-executor of deceased dad's estate--moved into dad's house-mtg free. Her atty sent statement re: his assets--which stated because she moved in, the money saved due to no RE commission will be taken off his assets? Doesn't make sense to me, as that has nothing to do w/his assets.
That doesn't make sense to me, either. You should hire a probate attorney to represent your interests in the probate of your dad's estate. Rogue executors can get away with a lot of crazy things if nobody objects. It might be time for someone like you to watch the henhouse.
So my mother is in a nursing home and on Medicaid. The nursing home itself revives her social security check, and I was delivering her retirement from Chrysler. She receives this because her ex husband work there and they were married 40+ years. He recently passed away and her payments from... Read more »
That is actually a really good idea. As soon as the lump sum is received you can use it to purchase a prepaid funeral plan. But you should check with an Indiana elder law attorney as to whether there is any limit on how much can be deployed in that fashion and still be considered a noncountable...Read more »
cash only estate of about $250,000. All his money is in bank accounts in which I am listed as a co-owner. He has a will. When he passes can I then distribute his money to the beneficiaries listed on his will or will probate be necessary?
Consult with a probate attorney in your area to investigate the matter and prod the executor to take action. If the house was to be sold or you were to inherit the house and the executor is not taking action, a probate attorney can assist you in forcing the executor to fulfill her duties.
Father set up annuity/trust, not sure which, leaving all of parents cash to sister. This was done just prior to father passing and while mother was still alive and living in nursing home in Indiana. I am a disabled adult child, disabled at age 35. Mother has since passed. Thank you!
If your mother was in a nursing home while your father was alive, it is possible that her care was being paid for by Medicaid, which is needs based. It would have made perfect sense for your father to bypass your mother in his estate planning so as not to disqualify her from continuing to receive...Read more »
My father passed away 4 years ago with no will. No debt either as house is paid off. My older sister took the intuitive to make herself executor of the estate. She hasn’t done anything in 4 years. My husband and I have offered to help with taxes/insurance and any maintanence but we just get the... Read more »
The lawyer you called is probably the lawyer for the executor of the estate. He or she is not calling you back, most likely, because he or she does not represent you. You need to get your own lawyer to represent your interests. Do not delay as there are short deadlines in these matters. You...Read more »
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 »
Medicaid sent a letter to recover from my deceased mother's estate. Mom spent 3 years in a nursing home, with Medicaid paying all but the last year of her life, which she paid for. My sister receives SSDI and is disabled. Does this prohibit medicaid recovery in Indiana?
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.
My grandmother just past and left her house and all assets to me and my two sisters. My great Uncle was made the executor of her will. He is firm in his belief that everything has to be liquidated, that he has already had them appraised and had a yard sale without our knowledge. We have asked for... Read more »
To administer the will it must be lodged with the local probate court and a probate case must be opened. If your sister is dragging her feet on this, YOU can open a probate case yourself and notify the court that she has the will. The court can order her to produce the will. In some states there...Read more »
First, the power of attorney has no effect after the principal dies.
Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help...Read more »
A lawyer in possession of the original will is usually obligated to lodge it with the local probate court when he learns that the decedent has passed. If the lawyer only has a copy of the will, usually he will only provide the copy to the executor named in the will, absent a court order.
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.
This is an example of do-it-yourself estate planning gone wrong. Grandmother should have had her estate plan prepared by an attorney, and clearly she did not. You see, the problem is that the distribution of a 401k at the plan participant's death is governed by beneficiary designation, not...Read more »
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