If a couple owns a home jointly (person A owns 50% and person B owns 50%) and person B passes away does the title of the house needed to be updated to the sole beneficiary of person B before Person A can sell the home?
In theory, no, because could just sell his or her 50% interest on his or her signature alone, but it is unlikely you will find a buyer who wants to co-own with the estate of B. Most likely you will need to have B's interest retitled in order to sell a 100% interest in the property to an...Read more »
The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »
These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.
The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or...Read more »
Possibly. But, you really need to go over the specific circumstances with counsel well versed in estate planning and local to you. It is likely that no gift and estate tax consequence would arise given the current exemption of $11MM, but technically, a gift return could be required. Also, to the...Read more »
My great aunt recently passed away and one of her sisters refuses to sign the authorization to cremate. Prior to her passing i was her POA. she only has a life insurance policy big enough to cover the cost of her services and cremation. I have tried to explain this to her sister that lives in the... Read more »
A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of...Read more »
since it was purchased. What are my legal rights...can I be evicted from the home.? I am being threatened to be evicted by my mother's husband. He is physically and emotionally abusive to both of us what are our rights for protection against him.. My mom is her 80s and is currently a home bound... Read more »
This is not a problem that a quick, online answer can do any good.
First, contact these listed Super Lawyers, to get someone to advise you. Some issues you raise are possibly not something you can prevent. http://attorneys.superlawyers.com/elder-law/louisiana/new-orleans/
Yes, there are some steps you can take. It's difficult to be specific with exactly what I would recommend with the limited information available, however. Filing to interdict your father may be an option, or perhaps filing for injunctive relief against the alleged perpetrator. I'd be happy to...Read more »
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