irs and detaisl with the medical care and transportation and i lived in his home. He died intestate and I CREATED an estate as an administratrix. My three siblings were not inculded in this paperwork so I could as most of his affairs, handle things without the stress and emotional abuse from them... Read more »
When someone dies without a will all Kids have the same rights. This may not seem fair, but it is the way the laws are written. So, your siblings may fight you for administration. There are forms that they could sign off on to surrender their rights to you. You really should speak...Read more »
My father passed away and there was a prenup and his wife got nothing, it’s been almost 1 year since his passing and 7 months since the will was probated and I was made executor, she keeps asking me for things and if I don’t agree she threatens with these elective shares, is there a time limit... Read more »
No one can answer any questions about the "elective" shares, without reviewing them. If you were previously represented by counsel, then you need to contact that attorney. If not, you are going to need to retain counsel to resolve this matter. During this pandemic, you have a choice of...Read more »
Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... Read more »
My ex-wife passed away last week. She was rushed to the hospital and had no medical insurance. Our daughter is a full time college student, and has just turned 21. Is my daughter responsible for her mother's medical bills? Or any other bills? Such as back taxes her mother owed?
I'm very sorry for your family's loss. If you wanted to try reposting and adding Probate and Estate Planning as categories, you could have better chances of a response. There's no guarantee all posts are picked up, but it sounds like something where an attorney could give more...Read more »
This is an estate question - better submitted to an estate law specialist. Family law attorneys specialize in divorce, post-divorce, domestic violence matters, custody and support issues, and related type claims in the family court system. I gather someone has passed and there is a dispute over...Read more »
there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused
While this is a "family matter", it is best answered by an estate law specialist and not a divorce and family law attorney or a general practitioner. I am sure that there are a million lawyers out there that will be happy to give you an answer or suggest that you meet with them but you...Read more »
This question is best answered by a lawyer who specializes in estate work - my suggestion is that you look for a lawyer who specializes in estates and trusts and schedule a consultation with him / her. I dont know how much money your dad had at the time of his passing or whether he owned any real...Read more »
Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »
You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.
Per stirpes designation, do the descendents of the deceased have claim to the deceased persons share of the asset or does the other beneficiary receive the deceased persons share ? Ex; parents are grantors, two siblings r beneficiaries and one sibling passes prior to grantors. Does other sibling... Read more »
An attorney would need to read the trust documents as that could change your answer, but generally if one child precedes you in death, the other child would receive half, and the children of the deceased child would get the other half. But again that depends have a lawyer review the trust to...Read more »
My father is moving to a new country next week and I am newly appointed durable power of attorney over his financial accounts.... If I file bankruptcy that shouldn't effect his banks accounts correct? Also I was thinking of opening a new checking account with my father and myself as joint... Read more »
Do not open any bank accounts until after your bankruptcy is discharged. Do not look for problems. You also need to be represented by an experienced Bankruptcy attorney. What you do not know can cause you all sorts of problems. You really need to leave things alone. Even with the Pandemic, if you...Read more »
she stipulated on the will to leave everything to one daughter. she has asset in PR. Is this will enforceable in PR or what has to be done. one of the daughter lives in PR and the other who is named on the will lives in NY
Without additional information, a more definitive answer is possible. To help you determine if you have a claim, please check the records at the County Clerk’s Office to see whether at some time a right of way agreement which affects your property was granted to a utility and recorded. If the...Read more »
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