Get free answers to your Estate Planning legal questions from lawyers in your area.
Her mother has passed and with no living will the estate went to the next of kin. He has also passed. After his tragic death, his partner claimed common law. She has made verbal agreement to sign a quit claim deed, but has yet to do so. What steps in "order" to file probate, substitution... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
You will have to hire a MO attorney to search the title, examine the deed (recorded or not), determine ownership, and decide if Probate litigation or your deed is helpful. Without recordation, deed is of no effect to the world, and the heirs may have already vested in title. Time is of the... View More
My ex has terminal cancer her elderly parents are executors, kids wont be of age for 9 years. (age 25)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022
Trusts do not have executors, so you probably meant to ask who will be the successor trustee if the named trustee has passed. The answer is whomever is named as the successor trustee in the trust instrument. If no successor is named, then a petition will need to be filed with the court to have... View More
We reside together in the state of Montana. He has a storage locker filled with valuables. My name is listed on the storage locker paper work.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2022
You are wise to be concerned about this. Single couples need to do estate planning more than just about any other demographic! The reason is, if a single person passes without a will or trust, his or her estate goes to the next of kin NOT TO THE UNMARRIED PARTNER. Also, if ANY person becomes... View More
My stepbrother and I are named as co-trustees and POAs over our parents. Dad passed. Mom has dementia. I am staying with her in Montana and caring for all her needs, paying her bills, arranging for assisted living in Bend, OR.
The Wills and Trusts state that one can be paid to take care of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2019
A caregiver contract makes perfect sense in your situation. It also helps document that those payments are not gifts in case you ever need to apply for Medicaid for her. Otherwise they would be presumed to be gifts. Medicaid applicants are penalized for all gifts made within five years prior to... View More
ourselves how to divide it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2019
It depends somewhat on whether the property must be sold to pay debts and the expenses of probate.
My son's grandmother setup a Coverdell ESA for my son. My understanding was that anyone can setup Coverdell ESA but a parent or legal guardian is the responsible person till child turns 18 or 21 (depending on the state laws). But, when I tried to take a distribution from the account, I was... View More
answered on Mar 8, 2016
It probably depends upon how the account was set up. You should try writing the company and providing the information.
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.
