Get free answers to your Estate Planning legal questions from lawyers in your area.
She told me no can I sue for the money
answered on Oct 7, 2017
It isn't clear who the "she" who said "no" is in the question. Nor is it clear what interest is in the grandparent's estate.
Grandchildren do not automatically inherit unless they are named in the deceased grandparent's will (or sometimes if there is no... View More
answered on Sep 28, 2017
That will depend on the terms of the particular trust instrument. If someone is asking to name you as Trustee you may wish to ask what the trust requires of the Trustees.
Being on the deed is a bad idea and will cost more money in the long run. Is this true?
answered on Sep 28, 2017
There are several different ways to include someone on a deed. Some of these ways are smart, with little risk to the original owner while others can create issues and unintended negative effects.
One of the least risky and most cost effective deeds is an enhanced life estate deed. Most... View More
answered on Sep 28, 2017
Many parents with a special needs child will create a special needs trust to ensure that funds are available without jeopardizing health care or other benefits. Some will set up life insurance to provide funds but care must be taken when a child requires governmental benefits to avoid... View More
answered on Sep 28, 2017
If the person who died owed money, it will be an estate debt whether secured or unsecured. A secured creditors has rights that extend to the collateral regardless of whether they file a claim in the estate.
There are only two children of the deceased involved as beneficiaries and they detest one another.
answered on Sep 28, 2017
A well-drafted will should name a back-up if the first named Personal Representative cannot carry out their duties. If the will identifies no back up an interested person can petition the court to fill the vacant role.
Lives with her, he told me that he has a copy of her will nut he will not allow me to view it, he also has stated that he has an appt with the lawyer who drew up the will. I have asked am i named in the will and he will not answer me. What can i do.
answered on Sep 28, 2017
Generally the contents of a will are private and need not be disclosed until after someone dies.
Death. Am I allowed to pay off her bills and borrow the rest from her estate, and not split it with any siblings
answered on Sep 28, 2017
The estate assets must be split in accordance with the Will, or if there is no Will, in accordance with the laws of intestate succession. Since the disbursal must be in accordance with the will/law, one heir cannot take all the funds to the exclusion of other persons entitled to the estate. To... View More
Q: Can a bank reject a letter of administration because it is dated 2009?
Details: My mom died in 2009 and my sister is her PR. The estate was closed in 2010 and then she just closed the estate bank account last year. This year, she received a check for unclaimed property paid to the order... View More
answered on Sep 21, 2017
It sounds like the bank is suggesting your sister needs to REOPEN the estate (with the courts) and then handle the check.
There MIGHT be a simpler process depending on the size of the check etc, so I'd recommend consulting with a local attorney (the one who helped with the probate the... View More
as one of the grandkids what can i do if i want to pay off debt? more importantly would the city leave the house in my grandfathers name even knowing hes deceased. i dont want to put so much money into the property and it not be mine or for my uncle to than make an issue or try to claim it
answered on Sep 18, 2017
The city (or county) does not change title, so unless the family opened up an estate the title would remain in the deceased person's name.
Anybody can redeem the property before the tax sale foreclosure case awards judgment to the tax sale purchaser. As you point out, however,... View More
And commercial property s during marriage surviving spouse is not biological
answered on Sep 18, 2017
When someone dies without a will, their property passes through the laws of intestate succession. In short, YES, an adult child MAY inherit, though it will depend on what is in the probate estate and how assets are titled. If someone dies owning property in their own name (without a spouse or... View More
a will or estate plan. Do other forms etc. need to be filled out by the heirs in order to formalize their deeded ownership? Thank you.
answered on Jul 6, 2017
If the house was indeed *deeded* to them during the estate administration, there is nothing else to do. To be sure of that, you can run a title search to see if they are "in title." If the transfer was as a matter of law in an intestate estate, I urge you to pay a lawyer to complete the... View More
answered on May 29, 2017
Yes, but every time I've seen this done by a lay person using some Internet form, they've done it incorrectly, and I quietly hope to get one of the sides of the eventual litigation. It is important to distinguish between beneficiaries and contingent beneficiaries, as well as between per... View More
My grandma died in December 2015 and left the funds in her bank account to me, my uncle, and my aunt. The funds are to be split equally among all 3 of us and will only be disbursed when we have all notarized a form and submitted it to the bank. My aunt has refused to get her form notarized, meaning... View More
he did not have any cash in the bank. the house and car are paid. the only debt may have father had/has is unsecured all credit cards. i live in the house now and I pay all the expenses. there are 3 heirs, my brother, my sister, and myself. we are all in agreement the house will be sold and... View More
answered on May 20, 2017
You've left out important facts, like whether there is a Will; who all the heirs or beneficiaries are; whether they agree that you should be the sole beneficiary; the value of your father's house after payment of expenses and mortgages; and whether you could buy something else with your... View More
answered on Apr 23, 2017
The Bad Answer: Assuming the deed is a marital deed between your mom and stepdad, once your stepdad died the property was solely hers. If she dies without a will, then the property passes down to her heirs. This can be just you, or both you and your stepsibling if she adopted the stepchild.... View More
I can afford to pay his debts, ie.funeral, and nursing home. The attorney wants to auction the house off. How can I become
the representative.
answered on Apr 13, 2017
Without seeing the will it is impossible to answer this. Does the will REQUIRE the sale of the assets? Are you listed as an alternate personal representative? What other assets are there to pay the bills?
You need to seek local legal representation to review the documents and the facts and... View More
answered on Apr 7, 2017
Get a second opinion. You also might contact a tax resolution law firm. Especially if the amounts are large.
Interest only loan on property. By federal law 1982 lenders must allow inherited property owners to assume the mortgage?
answered on Mar 20, 2017
While there are provisions for FEDERALLY guaranteed loans that imply a death is not a 'trigger event' starting a due on sale, you still will need to QUALIFY to assume the mortgage or a revised mortgage based on the lenders underwriting guidelines.
This is a VERY complicated and... View More
We are married; both my wife and I work, we have three children both from different relationships. I have two daughters, 21 and 19, she has a son who resides in our household, age 14. The girls live in two different states. We are not wealthy. We have a mortgage and we both have vehicles.... View More
answered on Mar 2, 2017
Reputation matters as do experience and expertise. Get suggestions from friends that can describe a good experience with their lawyer. It is also a good idea to talk to several and get a feel for what they would want to do for you and a ballpark for fees and costs. You don't need an elaborate... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.