My father died with a bank account with the name of an ex-fiancee still on it as a joint holder. She hasn't ever used the account as far as I can tell. She (and her current husband) want the money in the account to go to myself and my sister. Unfortunately she doesn't have an online login... Read more »
Assuming your father was a Massachusetts resident for the comments: Are you the Personal Representative of your father's estate? If so, you need to contact the bank involved and provide them with your Letter of Authority and Federal Taxpayer ID for the estate and some form of authorization by...Read more »
A spouse can create a trust for him or herself without including the other spouse in it as long as that property belongs only to that person. If a husband inherits property he may create his own trust unless there was a stipulation with the inheritance that he had to include his wife as a...Read more »
It's over 40 pages of legal writing I do not understand and haven't heard a word from either her husband my stepfather, or the trustee The woman who is co trustee, and drew up the will. It's a wealthy will. I need to know what my rights are and what were entitled to if anything. Can... Read more »
It is not possible to tell you what your rights are under the will without reviewing the will. Take the will to a probate attorney in your area for review and advice. Most likely a probate (court) case will need to be commenced to administer the terms of the will.
A beneficiary can become the Trustee if the Trust allows for such an occurrence. One would want to have a new Beneficiary of the Trust and/or a new Trustee appointed as soon as possible because you don't want the Trust to have the same Trustee and Beneficiary if it can be avoided.
I'm a single parent, the father is inconsistently involved and I unfortunately cannot trust him. I would prefer not to grant access to monetary accounts, at least not until I pass away. I'm wondering if I can just name a person to oversee these accounts in my will until my child is of age... Read more »
I can't answer your specific question because we don't have an attorney-client relationship. Generally speaking, I suggest that someone who has children and is worried about any kind of access to the money should consider a trust as a way to have better control over how the money is spent...Read more »
the retirement plan is in mass and she passed away in florida in a nursing home I am the only remaining family member. mass told me to file a small estate affidavit I am not sure how to go about any of this
If you are the named death beneficiary of the retirement plan, then all you need to do is provide a death certificate to the plan administrator. If you don't know if you are the named death beneficiary, provide a copy of the death certificate to the plan administrator anyway. That will get...Read more »
He can sell it, legally, because it is his. However, a reason for waiting 5 years would be to preserve the ability to maybe cure the gift in case the parents need to apply for Medicaid within that 5 year period. In some states the gift penalty can be avoided by gifting the property back, in this...Read more »
How do I probate some stock certificates we came across in my aunt's name that she never transferred to her trust. Since the value is about $20k can I file a voluntary administration probate since that's all that is left to deal with? The rest of her assets were covered in the living... Read more »
Yes, a Voluntary Statement should suffice. There is notice to the estate recovery unit and the form seeks asset information and whether there is a will, etc. You will also need a death certificate for filing and the filing fee.
Formal or Informal can depend on a few different factors. Did your father leave a Will? Did the Will allow an executor to sell real estate (if there is any) and did your father reside in Massachusetts or did he reside elsewhere? I often advise toward Formal because that eliminates the...Read more »
The Personal Representative has an obligation to maximize the estate and not to self-deal, so she would need to demonstrate that whatever commission for her work as Personal Representative is worth the equivalent of half of the fair market value of the vehicle. If this is an expensive vehicle this...Read more »
We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death &... Read more »
You really need to hire an attorney to help you with this. Even if he had a will that left everything to the girlfriend, you at least can make a claim for the unpaid child support. If he did not have a will then most likely his children should get everything.
My father passed away 3/2018, and the executor of my dad's estate is my estranged sister. So far, instead of contacting her, I have called the law office for the case to get updates. But for several months now, it appears that my sister has instructed them to not even answer the phone when I... Read more »
I am a remainderman on my mom's life estate. She sold the house to my brother and I 17 years ago for $1 and kept a life estate. I have lived here for 5 years as her caregiver until she went into a nursing home. We have to sell the house prior to her passing because we can't keep it.... Read more »
I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »
Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.
My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance. Is there some sort of way to... Read more »
Money is owed to family member for having paid bills but was not paid back prior to the death of the person who owed the money. There is proof this money is owed. There is not enough cash in the estate to pay back the money.
I think that a little more info is needed here, but wanted to give you some basics. First, the estate has to pay valid claims so long as there is money to do so. BUT, if you inherited funds from the deceased and those funds were not part of the estate (in other words, you were named as a...Read more »
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