Has several personal bank accounts. Tools, and other assets. Wants to leave them to ONLY 2-3 specific children out of numerous kids. Would you need a regular last will & Testament or Living Trust? Also wants someone to go to the bank for them bc they are bedridden so do I need a financial power... View More 
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answered on Jul 27, 2023
Your goals can be accomplished using just a trust or a combination of will and financial power of attorney. The choice depends somewhat on how motivated you are to avoid the hassle of probate for your intended beneficiaries by using a trust. Trusts also tend to invite less litigation. Will... View More
The tax preparer told my sister to have my mom report it on here taxes, but the 1099-s is my sister's name. Who reports it?
answered on Mar 12, 2023
If your mother was the owner of a life estate and she sold her interest in the life estate then the proceeds from the sale should have been earmarked for your mother only and the 1099-s should have consistently named your mother as well. Once your mother received the proceeds, unless there are... View More
My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More
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answered on Jan 3, 2023
Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More
Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More
answered on Jan 1, 2023
Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.
A Kentucky attorney created a will that details life insurance payout and how the funds should be used (split into 4 and used for school tuition etc.) The life insurance company only has one beneficiary listed, who happens to be the executor of the estate. There is an open probate case currently,... View More
answered on Nov 21, 2022
Life insurance passes outside probate unless the estate is the beneficiary. If the executor is the beneficiary, the proceeds should pass outside probate.
Or anything unless to start drama. They say I have to have my home sold and divided equally with them as he and I had 8 children we adopted plus 3 of ours together I have paid every payment tax and insurance on the house the last 10 years. Alone and still owe 8 more years on it
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answered on Nov 15, 2022
As a general rule, you do not have to leave anything to anybody in your will if you don't want to, unless you have entered into some kind of contract that says otherwise (some people do). But that is not the end of the inquiry. The question is whether you own the house 100% solely in your... View More
Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... View More
answered on Nov 13, 2022
They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.
We need time to get a place to go. Is 6 months too long
answered on Nov 2, 2022
You’ll either have to reach an arrangement with the estate to stay in the house and rent/buy it or you’ll have to move out. Many factors can’t impact it, but 30-60 days is usually the time given to move if no agreement is reached.
4 siblings, oldest has control over estate.
answered on Oct 27, 2022
Depends on the value of the house but most likely the answer is no tax due.
Is it legal to chane the wills now,after her death?
Thank you in advance for your response
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answered on Oct 24, 2022
He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
I was hoping to he able to move... View More
answered on Sep 25, 2022
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... View More
answered on Jul 28, 2022
You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.
Would that debt off the top as part of the deceased debt or be pushed over to the co-signer?
answered on Jul 16, 2022
Both the estate and the co-signer are still liable for the mortgage. From there, it Depends on whether the co-signer wants the property and is willing to finish paying the mortgage. Also depends on how title was held to the property. Lastly, if no agreement is reached, the court will simply... View More
The other property was gifted to the executor and she only wants to be able to keep more of her interest with no concern of homestead.
It was 25,000 and is in a CD for both of them. Is there a way for me to access that money to pay off a car loan debt that I was stuck with when he passed away?
answered on Aug 2, 2023
Not without order of the court and then it is highly unlikely bc it is the kids money.
Consultation as quickly as possible. Please contact me ASAP
answered on Jul 22, 2023
Check with your local bar association or legal aid society. They maintain a list of lawyers who may be able to helton.
My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More
answered on Jul 8, 2023
That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.
Instead of them moving out when my mother passed away they choose to live there til the house sells but now are wanting me to split utility and mowing of the yard. I don't think that's fair
answered on May 17, 2023
Sell the house and divide everything equally or one of you buy the other out.
A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More
answered on May 3, 2023
If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.
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