Both of my parents had Wills listing each other the primary beneficiary and me as the second. When my mother passed away in 2018, we did not take any action. Joint accounts and property were not modified or updated. Now my dad passed away in 2020 and I have to file for Probate.
It is not possible to answer your question without a thorough understanding of everything that was in your father's name (alone or with others) when he died. Even if everything that could be held in joint tenancy with right of survivorship (JTWROS) was held in JTWROS, there are steps that...Read more »
My dad passed away. I'm executor of the estate. My dad has us splitting everything (property & posessions) in roughly equal shares. However, my brother share is to go into a trust due to concerns of drug/alcohol issues. My dad appointed me to oversee trust for my brother as well. My... Read more »
Yes, if what you say is true, that the death beneficiaries of the IRA are you and your brother and not you and your brother’s trust, then he will receive his share outright and free of trust. But neither of you have to accept your shares all in one lump sum. You can roll your shares over to your...Read more »
Yes, a living trust would avoid probate and might be an excellent choice for your dad's situation. However, there are other techniques that might be better if, for example, you want to protect the home from being sold after death to reimburse Medicaid for long term care expenses paid on your...Read more »
The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the...Read more »
I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due...Read more »
Yes, in most states a child born after a will was made can challenge the will and claim the share of the estate he would have received had his parent died without a will. Also there are often family allowances in addition to that. You should contact a probate attorney near where the child's...Read more »
I think you know in your heart that what your mother and sister did, if true, is illegal. You can hire a probate attorney to help you rectify the situation but be prepared for the problem of proof. You will need evidence to prove your claims.
Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... Read more »
Her sister is the personal representative and has always found a way to cheat her dad out of money. She is a gambling addict and an alcoholic and we know that she is draining the many different bank accounts and can prove it.
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... Read more »
My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... Read more »
Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are...Read more »
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a...Read more »
I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... Read more »
You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.
My father died just weeks after remarrying. The Will does not list his new wife. She brought nothing to the home. With a will, and with Washington being a community property state, does she automatically get 50% of everything? I know she should get something, but that doesn’t seem right for her... Read more »
Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property...Read more »
Usually attorneys charge to prepare and execute a will and the other necessary documents such as a durable power of attorney, health care directive or living will and a health care power of attorney. Some attorneys may offer discounts or payment plans to assist a person who has lower income or...Read more »
Dad was living 7-8 yrs in a care home outside of OH. House in OH, he never sold it. "Original will" was not found only a copy which I am not named. I am informed by family, to get a probate lawyer. I live across the country. What do I do?
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