Possibly. He would probably need to be able to show that the payments were a loan to your brother, and not a gift. Also, stepfather would need to file a statement and proof of claim in brother's estate. For further assistance, consult with a probate attorney in your area.
to my dads guns, jewelry, shaver , and things like that
What does the 'trust/will' say about this? Because you are the only son it does NOT mean you're entitled to specific items unless there is a will that says so. And without seeing the documents it is impossible to answer these sorts of questions.
Gather up the paperwork, and seek the advice... Read more »
My mother in law had a 50K life insurance police she passed in November and my father-in-law was the beneficiary. He died 43 days later before the policy paid out (check just came) does the money go into probate or go to the children?
The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.
We had a lawyer try and do a small estate as the estate value was less than the $22000 allowed in Michigan but it was denied, Would that be because my brother is also on the deed it has to go to probate?
Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... Read more »
He has 1 sister and 1 brother. They want me to be executor as I have experience (I’ve done this before). Sister does not agree with them and does not want me to do it. If the 2 brothers agree and sister does not, what do we do?
The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... Read more »
distributed.. My inherited home (only) remained in the estate until I sold it in 2020 with permission from the court. Must I file taxes for the last six years for the estate? There was a little over 100k gained. Do I have to pay taxes on the sale? I did have to open an estate account recently for... Read more »
An estate is required to file a retuen any year it has $600 or more in income.
The property sale is reportable. It'll depend on the gain on sale whether it's taxable. It sounds like the estate sold the property 6 years after date of death so you'll likely have some gain on sale. I'd suggest... Read more »
I am my mom's only biological child and my stepdad has 3 kids (all adults). My stepdad is the beneficiary of her life insurance and all assets are jointly owned. My stepdad said that when he passes I would get a portion of what they owned and would be split amongst the 4 of the children. Would I... Read more »
The outcome you want will not happen automatically. The only way to guarantee such an outcome would be for your mother to see an experienced estate planning attorney and have a proper estate plan drawn up that protects your inheritance.
The scenario that you worry about is common in... Read more »
The account is listed in the trust but no beneficiaries are listed. I have the trust in hand with all notarized documents and the death certificate. The Bank is telling me that I need a letter of authority to get access to the funds. There is nothing on file at the Van Buren County probate Court.... Read more »
You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... Read more »
If I understand your question, you're asking what happens to an irrevocable trust if it no longer has any assets? The trust normally could be closed, unless the trust might obtain property or money in the future (for example, if the trust is the beneficiary of a life insurance policy, or of another... Read more »
i’m trying to find my own place for me and my baby and i can financially afford a low income place, i just need help going in the right direction with someone who will rent to a 16 year old.
You could be having a problem finding a place that will rent to you because you are not legally an adult. Contracts with minors can be disaffirmed by the minor, and are thus voidable. Not many people will want to lend money or do transactions for significant money if there is a risk that you could... Read more »
My grandparent died recently, which is over six months after I moved into the house. My mom is his trustee/executor, and he lived in her house when he died. What is my right to the home now. My mother is aware of the verbal agreement, but she has two other siblings. Do I have to move out; what... Read more »
You may have tenant rights as a renter, meaning though that you could be asked to move out with 30 days' notice. Unless all heirs are in agreement that you should get the house, you don't have much legal standing for that. The verbal agreement to gift you the house may not mean much (verbal... Read more »
A couple of months ago she bought new appliances for the kitchen. Does she have any legal right to those appliances? There is no lease agreement and she doesn't pay rent.
Generally speaking, appliances are personal property, and as such, they belong to the person who bought them. An exception to this rule might be if the appliance was permanently affixed or installed. For example, was the appliance physically fastened to the studs, floor, etc., and perhaps... Read more »
My advice would be for you to contact a real estate attorney in your area. Deeds are legal documents which, if not drafted correctly, can result in problems in the chain of title and can affect your ability to get financing for your property, or your ability to sell or convey the property later.... Read more »
My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »
Generally, the executor has discretion to determine shares if the method of dividing the property isn't specified in the will. If you have concerns that your father's property is not being handled properly or fairly, you could file a petition for supervised administration with the probate court.... Read more »
Her will dictates equal division of any assets. May I simply give cash to each of my siblings after paying any remaining bills?
Yes! But understand that by doing that, you would actually be gifting your siblings money that belongs to you, at least legally. Assets that pass by operation of law or by contract (such as under a Joint bank account) pass outside the will - they are not assets of the probate estate. You would not... Read more »
My kids and I moved in with my grandmother 4 years ago so she could stay at home instead of a nursing home. We split expenses I was her 24/7 caregiver and companion. Grandma told our family she wanted me to have the house But she passed but died before she could make a will.
its only been... Read more »
If none of your grandma's heirs at law complain, you are not at any immediate risk of being ejected. Her heirs at law are most likely her living children plus the children of any deceased children, so unless your parent that was your grandma's child is deceased, you are not an heir at law.... Read more »
I'm physically disabled from brain cancer. I require a wheelchair, receive SSI/Medicaid and have a registered in-home caretaker from the state of Michigan. I would like to go on a cruise, but it would be necessary that my caretaker come along with me. Can I pay for their ticket and have it count... Read more »
The $10,000 inheritance is disqualifying income in the month of receipt. There is not much you can do about that. If you still have that money on hand on the first day of the following month, sitting in a regular ol' checking account, for example, it will be a countable asset and that will again... Read more »
If the TOD was signed seven days prior to the account owner passing, would there be reason for dispute?
If you mean "can a Transfer On Death designation (TOD) on a bank account or brokerage account expire due to the passage of time after it is signed?", then
the answer is no.
As always, you get what you pay for. Be sure to consult with a qualified estate planning attorney in your... Read more »
They moved her to Mississippi. Now the niece is refusing to let my husband and his brother into the house to get their dads personal stuff. She even sent a detailed email stating we could go in. Then called and retracted the email verbally. What are the rights of my husband and his brother. If any,
No attorney can opine without reviewing the will
Now step-dad's biological child(one of the two he has) is saying us step-kids get nothing because 100% of moms estate goes to spouse(step-dad) and now we are not entitled to his estate as step-children. Is this true? It seems like my moms estate should be settled first which we are heirs of, then... Read more »
It sounds like your mom and step-dad had none of their own children. In other words, she had her children (you and your full siblings) and he had his children (the step-children in relation to you). And your mom did not have a will.
In that case, under Michigan law your step-dad should... Read more »
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