Get free answers to your Estate Planning legal questions from lawyers in your area.
mom made me move in with my sister, mom lives in different town, can I call his will attorney and verify new number?
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answered on Mar 9, 2020
The attorney handling the probate of your grandfather’s estate is going to need your new mailing address, yes.
The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?
My older brother early 50's receive Medicaid do to stroke, aneurysm etc. I turned in his renewal forms. I'm his unofficial caregiver so i get Medicaid also. What I'd like to know is would Medicaid look back through my back account too? I have a savings not much but a few k I... View More 
answered on Mar 3, 2020
Everyone who receives Medicaid will have their finances renewed annually. With the exception of spouses, each individual is reviewed individually, so your finances would not be considered in a review of your brother’s.
answered on Mar 2, 2020
A family member, typically one of her children, will have to file with the probate court to open her estate, be appointed administrator of the estate, and distribute the property according to law among her spouse, if any, and children. Use the Find a Lawyer tab to retain a local probate attorney... View More
The executer is their atty Do I have any rights to grandparents home even if not in will ?
answered on Feb 26, 2020
If she had a valid will, and if you were not named as a beneficiary in her will, then you probably do not have any claim to any estate property, but you would have to retain a local probate attorney to review the deed and all the facts and advise you. Use the Find a Lawyer tab to retain a local... View More
My father in law died in 2018. My husbands step mom was just put into a nursing home for medical reasons. Her son is her power of attorney. We were never told anything about his estate until they put her in a nursing home, and it is already closed (called the lawyer that was apart of it) and was... View More
answered on Feb 26, 2020
There is no way to answer your question without reviewing all the facts. As the probate attorney advised, you should retain a local attorney to review the probate and advise you. Use the Find a Lawyer tab to retain a local probate attorney.
My dad passed away, me and my 3 brothers were named as beneficiaries in item 1 of the will. Item 2 states that if we do not survive him the property goes to his grandsons. So here is the question, 2 of my brothers passed away and one of them has children. Are his children entitled to his portion or... View More
answered on Feb 25, 2020
It depends on exactly how item 1 was worded. The 1/4 interest of each of the two deceased brothers might pass to be divided among each brother's children. Use the Find a Lawyer tab to retain a local probate attorney to review the will, answer questions, and assist with the probate process.
Will was filed with the court on October 29th 2019
answered on Feb 18, 2020
At a minimum the executor should wait 6 months from the date of death as that is the time creditors have to file claims against the estate. However, the time frame can vary greatly depending the size and complexity of the estate.
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... View More
answered on Feb 18, 2020
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If... View More
My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.
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answered on Feb 12, 2020
Probate is the process that is used to change the title to property held in a decedent's name. You need to contact a probate attorney near where your mother passed to help you take care of this.
Looking for legal advice concerning my family rights. Situation as follows.
Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... View More
answered on Feb 11, 2020
Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.
As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have... View More
My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... View More
answered on Feb 10, 2020
You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.
answered on Feb 7, 2020
Good question. Most attorneys won't do a simple will without making sure that a POA is in place for medical and non-medical needs. To have an attorney look at your situation and draft new documents will probably cost at least $500. Of course, some attorneys charge $3,000 to $5,000; so it... View More
In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?
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answered on Jan 17, 2020
You can accomplish your goals by hiring an estate planning attorney to help you create a trust-based estate plan in which you designate your percentages. Then transfer all of your accounts to your trust or, for those that can't be transferred, designate your trust as the death beneficiary.... View More
My boyfriend of 15 years is dying. He wants me to receive the inheritance he's supposed to get once his grandpa passes, who is not dying anytime soon. His kids are all under age and he knows I will make sure they are taken care of.
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answered on Jan 16, 2020
It is highly likely that if your boyfriend predeceases his grandfather, the inheritance from his grandfather will pass to his (your boyfriend's) children. With no guardian already in place for them, a court will appoint a guardian to receive the funds. So what you want is to be appointed as... View More
I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house... View More
answered on Jan 10, 2020
A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file... View More
in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... View More
answered on Dec 16, 2019
This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.
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answered on Dec 14, 2019
It depends on how advanced the condition is. In the early stages of Alzheimer’s, the individual often still has testamentary and contract capacity. In the later stages the person clearly does not.
My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... View More
answered on Nov 19, 2019
You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.
He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... View More
answered on Nov 14, 2019
It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.
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