Get free answers to your Estate Planning legal questions from lawyers in your area.
What is the best way to protect bank accounts that is used regularly and you don't want to include it in a Trust?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2020
Funding a revocable trust with only the house as an asset will avoid probate as to the house. If your goal is to avoid probate altogether, then a non-probate transfer method should be engaged for each and every asset. For bank accounts, another option is to designate death beneficiaries. This is... View More 
the home are to be divided equally among her children which is fine. The sibling that stays with her is very irresponsible, never helped her pay the mortgage and we know he will not be able to maintain the house by himself if she dies. He has a girlfriend; the family does not approve and know she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2020
In her will you mother can require that the house be sold and the proceeds split rather than leave the house to her children in equal shares. She can also name one child as the executor who, after being appointed by the court, will have sole responsibility to manage and effectuate the sale.
His surviving spouse is giving me 30-day notice (in which I know she can do) but can she label me as tenant and state that I owe rent when there was never a lease between him nor her? She also did not allow me to remove something given to me by my dad. Can she withhold my property stating it is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2020
The surviving spouse has no right to anything that is yours.
I know my mother left me some property in her will but I haven't heard anything about it since she passed. Do I still get to receive it?
answered on Jun 13, 2020
You should not make assumptions. However, if you assume the will was filed and valid, and that the estate can otherwise afford to pay all valid liens and judgements, that the deceased had valid legal title to the property, and that your step father follows the law and directions in the will... You... View More
My stepmother turned in a will from 1990 giving her the power to make all decisions I know my dad would not remove me as a beneficiary
answered on Jun 13, 2020
Executors if estates have a legal obligation to follow the directives of a valid will, if one exists. SC Probate Court files are public, in general, so you should be able to get a copy of the filed will from the court where the estate is opened.
If you want answers and explanations about... View More
Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2020
You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.
siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...
answered on Apr 7, 2020
You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?
I would recommend that you call and speak to a probate... View More
I want to lower my tax interest and still remain in control of monies. Can this be done by just putting CD in their SS#?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2020
Take a look at opening 529 accounts for them for education purposes or a regular old Uniform Gift to Minors Act (UGMA) accounts at a bank or brokerage. More information here:
https://www.cumberlandlegacylaw.com/how-to-gift-money-to-children-using-utma-or-ugma-accounts
The State is South Carolina
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2020
In a word, yes, that is his prerogative. Inheritance is not an entitlement.
Everything with my sister as executor in case my mom was incapacitated. My sister was arrested for not reporting the abuse of my mom by the men she hired.
My mom was put in protective custody. Since then my sister has not paid the taxes on a duplex my father owned. She has also sold my... View More
answered on Feb 21, 2020
This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a... View More
The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2020
Hire a probate attorney in your area to help you petition the court to remove your sister as executor and appoint you (or someone else that you trust) as executor.
He took everything of hers she had no will and nothing was probate now he has passed and he had no will his son is now taking my mom's stuff
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2020
You need to hire an attorney to help you probate your mother’s estate. Once the court appoints an executor, the executor can make a claim against the boyfriend’s estate to get your mother’s property back.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2020
A will that is not executed (signed) is not valid. When that happens the decedent is said to have died “intestate” which means without a will.
Can a lien be put on an irrevocable trust?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2020
A revocable living trust becomes irrevocable when the settlor dies, so it cannot be amended absent a court order or a trust protector named in the trust.
When the settlor dies, the successor trustee should hire an attorney to assist the successor trustee with a process known as "trust... View More
Also can a lien be placed on a piece of property which is owned by an irrevocable trust?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2020
A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a... View More
The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2020
Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.
She got his truck and gave his trailer to our aunt ..
answered on Dec 14, 2019
You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.
he already transfer title my dad said he was leaving to my son
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2019
If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.
In rare cases, such as a sale of a car on... View More
There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2019
If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.
My 3 boys and my Nephew are the beneficiaries of my grandparents trust. The trustee is now trying to make us pay rent for my 3 boys to continue to live in the home that we have lived in for 2 years. My mom was living here before her time in a nursing home and her death in August she was the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2019
The answer is maybe. It depends on how the trust is worded. There are too many facts missing from the scenario you described. Take the trust to a local trust administration attorney for evaluation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
