How do I know who gets paid?
answered on Jun 5, 2023
There is a specific order in which bills of a decedent's estate get paid if there are not enough funds to pay them all. The probate attorney assisting you will be able to help you what 'class' each particular bill falls into and the order in which each 'class' of debt is... View More 
#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.
#2 The Amendment was based on the... View More
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answered on Mar 24, 2023
Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs... View More
I lived there with my mom but after she passed I moved in with my dad so the property was empty. The property was vandalized and or stuff stolen and the insurance is going to cover the damages. Is my brother entitled to half of the insurance money for the break in
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answered on Mar 13, 2023
I am sorry that you lost your mother.
The answer to your question depends on the fact scenario involving your mother's Estate at the time of her passing. If your mother died with a valid will - the provisions of the will must be followed. Therefore, whomever inherited the damaged... View More
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answered on May 24, 2022
Absent very unusual circumstances, you can sell anything you own to anyone you want. And having a will does not prevent you from selling anything you own. However, these are very general answers to very general questions. Clearly you are concerned about or troubled by something. Follow your... View More
I get 10,000 a year. I can't do anything with that
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answered on Jun 12, 2023
Have your Father contact a competent NM attorney to draft a new Will. If you interfere too much, then your Family will contest the Will later. It is his decision, not yours. But you can request a change with a good lawyer. Will must be drafted and executed properly.
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answered on Jul 20, 2022
Your question cannot be answered without reviewing the trust instrument, but typically the answer would be no, the trustee does not require beneficiary consent to sell property.
She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021
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answered on Aug 15, 2021
If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.
If no will or papers.
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answered on Jul 6, 2021
Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.
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answered on Jun 10, 2021
States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... View More
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answered on Dec 21, 2020
The simple answer is no. You should consult with an attorney who specializes in asset protection if that is your highest priority.
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... View More
answered on Sep 22, 2020
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... View More
Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust
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answered on May 13, 2020
A revocable living trust created by you will not protect the assets in it from your spouse in the event of divorce.
They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.
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answered on Apr 20, 2020
The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... View More
Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary
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answered on Feb 28, 2020
It really depends on how his mother's will was worded. It is not possible to answer that question without reviewing the mother's will.
With respect to the life insurance, yes, most likely those life insurance proceeds will go to the named beneficiary's estate, given that... View More
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answered on Oct 5, 2019
Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.
I had a will drawn up in the State of WA a couple of years ago leaving everything to my one and only daughter. I don't own any property except a car. I moved to Santa Fe this past May.
answered on Jan 13, 2019
As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.
My daughter is 90 days behind on paying me $200 a month on my inheratence from my fathers death . Can I force her to pay my estate any monies owed to me
answered on Aug 31, 2017
You've asked this questions several times in slightly different ways. You need to see a local attorney! There is no way to suggest the 'best' way to address this in an email forum!
--This answer is offered for information only and does not create an attorney/client... View More
This is money from an inheritance from my father to me. At the rate of $200 per month for life. My daughter is currently 3 months behind. I want that money to go to my residual estate if still behind at my death
answered on Aug 31, 2017
You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees... View More
Can mortgagee inspect property? Advanced notice or can they be legally denied?
answered on Mar 30, 2017
Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to... View More
His only asset is his home that is in disrepair and hoarding situation. The family has already invested $40k in repair and still not done. Can the family receive its compensation prior to credit collectors?
answered on Feb 14, 2017
There may be a family allowance available for Dad's immediate family under the right circumstances. Typically that takes priority over general creditors. You need to contact a probate attorney in your Dad's area about your specific situation. Many offer free initial consultations. Good luck.
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