Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on May 27, 2021
This depends a lot on the estate plans put in place and whether or not there is a buy-sell agreement or other 'key personnel' provisions in that business.
You NEED to take all the relevant documents to a local attorney ASAP to review and give you actual legal advice. The answer... View More
answered on May 27, 2021
Yes, unless there are estate planning or business agreement documents to the contrary.
Mom died left everything to her two daughters and one daughter had her children legally taken away . That daughter died ..Does her children still have rights In the WILL because it says if daughter is not alive it goes to her children ..but for the record the WILL was wrote in 1999 before her... View More
answered on May 26, 2021
Do you know whether the daughter's parental rights were terminated or if she just did not have legal custody? If her rights were terminated, then no, her kids would not inherit from your mom as termination of parental rights severs kinship; if the daughter just lost legal custody (e.g. the... View More
answered on May 24, 2021
A lawyer would need to see the actual recorded deed because the way you phrase the question leads to two possible answers:
-if mom and dad quit claimed the house to the children, then NO, mom can't change the deed because the house isn't hers anymore (dad passing, then, has... View More
Her name is only for work weeks when we signed on the house. She pays no bills. My name is also on the house title and mortgage and I'm the one who pays the mortgage.
answered on May 14, 2021
You cannot force someone to give or sell property. If her name is the only one in the mortgage/deed she will need to voluntarily sell (‘sign off’) the property or you will need to probate the property after she passes. The real issue here is that if there’s a mortgage that will complicate... View More
I would like to use it as a down payment on a house. However I have no details about the size of the trust or how to ask for some of the money. What paperwork does the trustee or executor have to provide to the beneficiary,?
Thank you
answered on May 6, 2021
It depends on the terms of the trust.
But you SHOULD be able to get a copy of the trust. If indeed you actually are the beneficiary. The trust itself will contain the terms of what you’re able to ask for and how to make the request.
If you don’t understand the terms of the... View More
Is this ok?
answered on May 3, 2021
Possession/safekeeping is maybe fine. But there is no simple answer with the information provided, you might need to ask again, or contact an attorney directly.
Generally, when there are two trustee's there is a 'decision tree' and process to follow, second your mother's... View More
He made very good money and spoke with me about his will and how things were to be divided. My step mother claims he left us nothing. He lived in Arkansas.
answered on Apr 29, 2021
Each state is different, but your best bet would be to contact the probate court in the county he lived in to see if they have a will on file.
Just be advised that most states' laws would allow for the majority of a person's estate to go to the spouse regardless of what a will... View More
The court was kind enough to name the publication - Oakland County Legal News. So far I have "Publish one time in 1.Oakland County Legal News in 2.Oakland County. Furnish #3 ??? copies to #4 ???. Furnish affidavit of publication to the probate court with copy to #5 ???. Forward statement for... View More
answered on Apr 26, 2021
You should contact the probate court to determine which publication is used in your area. You should then send that form to that publication (some probate courts will do it for you).
My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... View More
answered on Apr 21, 2021
Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally... View More
Does his wife have any claim to the insurance?
answered on Apr 19, 2021
Doubtful. Insurance is a contract. If his mom is beneficiary, that's to whom the money will go. Possible exception may be a cash value policy paid into during the legal marriage (not total time together).
answered on Apr 13, 2021
If the proceeds of the life insurance is over $5,000 then the law requires a minors money to be managed through the probate court conservator process. You would have to appointed by the probate court as your children's conservator. You will have to account to the court how much you start with... View More
My brother has a power of attorney - it's long and lenghty
answered on Apr 7, 2021
Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says... View More
Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?
answered on Apr 6, 2021
I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a... View More
my father died with no will . his wife is incapable of making her own decisions , is it legal for HER daughter to take control of my fathers assests and cut me off completely?
answered on Apr 5, 2021
You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.
My brother died but willed the estate to someone else. Can I challenge the will?
answered on Apr 2, 2021
Someone would need to see the language of the will, and know in what order people passed away. If your parents are deceased while your brother was alive, then all of their stuff would belong to him, and now his estate, to be distributed as he chooses. If your brother died before your parents, then... View More
My father suffered a major heart attack on March 16 and passed. No will. Nothing discussed. There are 6 of us children. We all agreed, that everything should go to my mother. Is there an easier way, other than probate. He had no major creditors
answered on Mar 29, 2021
Probate is the legal means to distribute property owned by a deceased person. Unless your father held assets jointly, or had beneficiary designations on everything, then probate will be necessary. Your mom is no longer an heir or entitled to a spousal elective share, but you and your siblings can... View More
answered on Mar 4, 2021
Providing a 'life estate' for someone and a 'remainder interest' for a third party is a pretty common thing, and easily done by a qualified licensed attorney in your area.
This is most assuredly NOT a 'DIY' project though unless you are really willing to have... View More
We've been married almost a year. He had a will before we married.
answered on Mar 3, 2021
As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.
answered on Mar 3, 2021
The short answer: you'll want to speak with an estate planning attorney.
If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to... View More
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