Get free answers to your Estate Planning legal questions from lawyers in your area.
She called to say she is his sole heir.
How do I find out if this is legit?
He lived in CT.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2020
If your brother did not have a will, then her statement is not legitimate. If your brother had a will made after he divorced her, then it is theoretically possible (but in my experience not likely).
It sounds like you are the next of kin. You can hire a probate attorney to open a... View More 
answered on Mar 2, 2020
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... View More
answered on Mar 2, 2020
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... View 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2019
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... View More
His parents are in their late 70s and they were concerned that there was a five-year hold due to Medicaid if they ever went to a nursing home. But his parents still live in their 1st home.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2019
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... View More
I am legally blind and my husband needs to go into a nursing home due to a stroke. We own our house, Is there any way we can use the equity to pay nursing home costs. I am 86; he is 87
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2019
You REALLY should schedule a consultation with an elder law attorney. You might be eligible to have the government pay for his nursing home costs WITHOUT having to sell the house.
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... View More
answered on Nov 8, 2019
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.
answered on Nov 7, 2019
Hi,
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... View More
she is the executor and I requested to purchase my dads car which is part of the estate but she advised she was taking it - do I have any claim on it?
answered on Nov 5, 2019
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... View 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 &... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2019
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2019
Hire a local probate attorney to look at the file for you and bring you up to date. The attorney can also file for you a request to receive notice of proceedings.
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.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2019
Yes, the Section 121 capital gains exclusion applies to remainder interests. Here is an excerpt from that statute:
(8) Sales of remainder interests For purposes of this section—
(A) In general
At the election of the taxpayer, this section shall not fail to apply to... View 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... View More
answered on Sep 18, 2019
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.
answered on Aug 27, 2019
Hello, Yes, I would need to review the instrument and are you indicating that you believe self-dealing is occurring with the co-trustee?
Is there a way to protect the money that remains in her annuity?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2019
It is impossible tip answer your question without reviewing the annuity contract but very likely on her death the remainder will have to be used to reimburse Medicaid.
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... View More
answered on Jul 12, 2019
This is an Arizona case if your father resided there and you should therefore contact a Probate attorney in that area.
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.
answered on Jul 8, 2019
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... View More
Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing... View More
answered on May 21, 2019
You have not stated whether you are disabled . If so, there is a special needs trust you can explore.
My Grandfather passed away on 12/23/18, and had a Merrill Lynch investment account with 3 beneficiary's. My mother, and her two siblings. My mother passed away two months before him,on 10/9/18. The remaining 2 beneficiary's have since split the account 2 ways, and cut my deceased mother,... View More
answered on Mar 21, 2019
It depends upon how the beneficiary desigination reads-does it list the 3 persons as joint tenants with the right of survivorship? Or as beneficiaries in common or does it list further contingent beneficiairies.
I was denied life insurance because they stated I was in an alcohol rehab center. I have never had any issues with alcohol or drugs and have never been in a rahab center
answered on Mar 18, 2019
One option is to seek insurance through a different carrier. If you need insurance and wish to avoid delays in obtaining coverage, valuable time could be lost in pressing the issue with the original carrier.
Tim Akpinar
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.
