You’ve asked this question before/elsewhere. You do NOT make the check payable to the father. But the father may need to create a trust or set up a conservatorship.

This is not a DIY situation. Please seek representation from a local probate attorney ASAP. There are many traps for the... View More

You probably don't write the check to the father!

You need to have an attorney review the estate to make sure you're proceeding properly.

You may need to create a trust, or the father may need to open a conservatorship or a restricted bank account depending on how things... View More

The tax status of 'pensions' is defined by law, and with the exception of surviving spouses, you cannot defer the taxes for long. If a NATURAL PERSON is named as a beneficiary, there is a possibility of extending the tax 'window' but minimum distributions are required each year,... View More

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answered on Jan 2, 2022

You have multiple options, but there is not enough information here to suggest the one that is optimal. My best advice would be to contact an estate planning attorney for assistance. He or she will want to take into account your age, the ages of the children, their maturity and financial acumen,... View More

The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to... View More

Provided her illness didn't impact her mental abilities, there is nothing necessarily improper about the facts you state. If you have questions, I would urge you to consult with a local probate and estate planning attorney ASAP.

-- This answer is offered for informational purposes only... View More

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answered on Dec 15, 2021

Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... View More

Not sure what you are asking. Were assets left by will or beneficiary designation? If by will, then the person to contact would be the personal representative. The court resolves conflicts in distribution but generally does not supervise the actual distribution.

Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.

HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this.... View More

It is unclear what you are trying to accomplish.

A divorce will ALWAYS impact jointly owned property, and the fact it is placed in a 'trust' for some estate planning or administrative purpose doesn't mean a divorce court shouldn't or couldn't 'delve into'... View More

You have asked a fairly complex question that requires the review of both a lawyer and a tax specialist (that may be one person or if you have a tax accountant it may be two).

Off hand, I'd say it depends on what the property is used for. Residential? Commercial? Rental? And what does... View More

Without seeing the documents (the will and the loan documents) it is impossible to say. GENERALLY when there is a lien against a piece of property the person 'inheriting' it needs to pay the loan. SOME wills specify loans should be paid from the estate first and any inheritance is made... View More

You can use one of the several companies (some more reputable than others) that will buy an annuity or other 'stream of payments' like you receive from this trust at a 'discount' and pay you cash up front. This will likely turn out to be MORE Than 5% interest you're paying... View More

Without seeing the trust it is impossible to answer your question.

You should ask your aunt to get a copy of the trust and then take it to an attorney to review and you will be able to get those answers.

— this answer is offered for information only and does not constitute legal... View More

Nothing; although there may be some unpleasant consequences down the road to your mother's estate or what other family members expect to happen.

Depends on what you mean by "obligated". You can reject a gift - called a disclaimer. But there is generally no negotiating; the personal representative must present to you what the will says you are entitled to - no more or less.

First my condolences on the loss of your wife. Unfortunately not. However, you can file an application for probate with or without a will. You will be appointed personal representative to manage your wife's affairs. if there are no objections or complications the probate should be... View More

It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper... View More

This is a very fact-dependent situation. If your dad and his wife owned the house as joint tenants, then it's sale is not subject to the terms of the will. Once your dad passed, the house became his wife's by operation of law, for her to do with as she pleases. She effectively made gifts... View More

There are far less expensive and more appropriate ways to accomplish your pal, but ‘just putting their name on the deed’ is not one of them.

Please consult with a local estate planning attorney to review ‘ladybird’ deeds or other options. Sometimes a will us counterintuitively... View More