When is she entitled to that income--upon the death of my father(1) or upon the official establishment of the trust(2) And if answer is (1) how should the payment of these expenses be allocated between income and principal? Thank you.
This is a general answer to your questions since to give specific answers one would have to review the Trust document itself. You refer to a Testamentary Trust, so by definition the Trust does not become effective until the death of your father. You then refer to "payment of these... Read more »
Everything else of the deceased was jointly owned except for the PayPal account. The PayPal account is tied to a jointly held bank account. Can the surviving spouse transfer the money into that account? Can PayPal be required to release the money with just a death certificate? Would anything else... Read more »
Have not tried it with PayPal yet but most banks will release accounts of less than $10,000 when provided with copy of death certificate by surviving spouse and proof that the funeral has been paid for
Additionally, spouse is beneficiary of an annuity in decedent's name. Am I correct that it seems that there is no estate to pay debts?
... hello ...
... from the information you provided, the answer would be yes - there are no funds to pay debts ...
... good luck ...
John
My Mother left a Will pertaining that my if my sibling no longer live at resident the house has to be sold.The sibling wasn't living there when the Will was written hasn't live there for over 2 yrs. never changed there mailing address so all the mail goes there,another sibling and... Read more »
This is a case where cannot give you an answer without reading the exact words of the Will. But in general conditions in a Will such as this are enforceable. So if the Will names a particular sibling, and states that the house is to be sold if that sibling is not living there, and that sibling is... Read more »
My father, whom I was estranged from, died in April 2020. I am curious about his will and would like to know its content. I have no idea who the executor is or if there is one. He died in a nursing home. County says no will has been registered at this time. 1) Does someone have to file a... Read more »
Your post shows Oregon as the origin so I will start off by saying probate is state specific, depending on where the decedent resided at the time of death. That being said, in Pennsylvania there is no requirement to probate a Will unless the decedent had sufficient assets to open an estate, and... Read more »
In the will it states how she wanted her assets divided among the family which include money she had left in the bank. But however her daughter who has her named on the account refuses to carry out my grandmother wishes is this legal
Potentially, if your grandmother and her daughter were joint owners of the bank account (which is also called "joint owners with the right of survivorship" - check the paperwork that was signed when the account was opened, or when daughter's name was added to the account). In such a... Read more »
In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »
Almost all courts and judges will require your personal appearance to remove an arrest warrant for a prior failure to appear. If you've done all that you say, and the Northampton Probation department has no objection to rescinding the bench warrant, then your chances are probably decent of... Read more »
My brother says since he shared a joint account with my mother when she passed he is not legally obligated to split the estate and inheritance. And all her money belongs to him. She had no Will from what I understand which means her estate should have gone through the probate process.
I... Read more »
... hello ...
... your question depends on a few other questions that we’ll need the answer to in order to give you the best answer ...
... please feel free to email me ...
John
Grantor still alive, Pennsylvania. All other assets divided evenly. Trustee-brother wants to sell, put back in trust so that he can take HALF of proceeds of house upon grantors death instead of daughter getting 100%. Commingling?
It is not possible to answer your question without reviewing all of the relevant documents and verifying that the grantor had capacity at the time and had not Ben subjected to undue influence, but if all of that is true then no, brother cannot change grantor’s desired disposition.
I lost my job because of taking care of her my siblings left me to make all the decisions for her care now they want their inhierentence it's only been a month
If there was a Will, the Will controls. If there is no Will, you and your siblings have equal authority and equal responsibilities. You also get equal inheritances. However, you have the right to claim a “family exemption” right off the top because you lived with her. As I recall, that is... Read more »
My sons grandfather passed in 2015 and left his home to my son in his will. We've been living here since before he passed with him and continued to live here after. Two guys came walking into my house through the front door last week with the keys to the lock claiming they bought it in a... Read more »
Since I just answered your last question and you are now asking if there is a time limit on probating a Will, I will try to read between the lines and fill in the missing pieces.
It sounds like, when grandfather died, you never probated the Will and thus never got a deed from the estate,... Read more »
Check with your local bar association or legal aid society.
My stepsister forged my mothers death certificate by saying she is my deceased mothers child, but in fact she is not related to my mother at all. The funeral director knowingly lied also, as he had conducted my step sisters mothers funeral a few years before my mother died. I was out of state... Read more »
All of the acts you describe are wrongful, and the law does supply remedies for such wrongful acts, but you are going to find it very difficult to pursue your remedies on your own. Start by scheduling an appointment with a probate litigation attorney in the vicinity of where you mother had lived.
Anything with me regarding my moms arrangements or her personal belongings. What can I do to force her to give me my half of my moms belongings and deal with her final arrangements?
Very difficult to give you a complete answer with so little information. In general, if your sister fails to be in contact with you you can file a Petition with the Register of Wills (you are probably Lebanon County) to be appointed Administrator of your mom's Estate. Since your sister is... Read more »
My aunt passed and as her POA I wanted to take care of her bills and get a grave marker but found out that my “duties” ended at death and I could no longer access her account. She has $1700 between her bank account and the money that will be returned from the nursing home. Her husband and... Read more »
You are going to have to meet with an attorney experienced on estate administration to help you figure out this one. the summary above raises a lot of questions. If there are grandchildren alive they are first in line to become the Administrator of the Estate. If the funeral bill needs to be... Read more »
To file probate or can I use ez probate to file on my own?
There are too many unknowns here to give you a complete answer, but there are some guidelines for you. If you are the survivor on the Deed, you will need to prepare and file a new Deed to show that you are now the sole owner. I am not sure what you mean by a survivorship Will, but if you mean... Read more »
I have never received an inventory or accounting and inheritance tax filed. Many items removed by sister without informing me. Would Title 20 chapter 33 subpart a apply to get information.
... hello ...
... yes (among other items) ...
... she has an absolute duty to explain and disclose everything to you ...
... I would consult an experienced probate and estates attorney if she has not done so ...
... John ...
Contacted the attorney for the estate and he does not respond.
... hello ...
... I am very familiar with that statute but I don’t have the beginning of your question ...
... I would be more than happy to assist you ...
John
My mother-in-law passed away Dec 28, 2019 with a will naming my wife executrix. She had no estate. She did have over $16,000 of debt. Final expenses were prepaid except grave marker which we will have to purchase. She had less than $700 in the bank. There is no life insurance, property or car.... Read more »
Nobody is ever required to file a probate. Interested parties usually choose to because they need to retitle assets or, if the interested party is a creditor, the interested party wants to get its debt paid. If there are no assets to retitle in your name and you are not a creditor of the estate,... Read more »
My brother and half sister are fighting to be administrator and ask me to sign a renunciation letter
you should check the websites or call local law firms in your area to see what their policies are. many firms that practice in this area offer the initial consultation for no charge
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