Get free answers to your Estate Planning legal questions from lawyers in your area.
My mother has recently passed away and I just read how the law offices of Haskins, Robottom and Hack have been brought to court about taxes and all. I can't find them online so if they are no longer in business, how do I proceed from here?
answered on Jan 14, 2018
Initially you need to decide if Probate of her Estate is necessary. You must examine assets for ownership and potential creditors. Hire a competent attorney and determine if there are other heirs and kin. You should be able to look for a possible Will document, but you should first decide if... View More
The house is the only thing that he had left to be split. He had no other property or anything to be taken care of.
answered on Jan 10, 2018
Most likely, yes, the will must be probated anytime the deceased owned real estate. this is absolutley true if you have other siblings ( other than just you and your sister). In order to insure in the future that you have good "title" ( ownership) to the land/house, you should go through... View More
grandma has a will
grandpa had 6 kids 4 alive at death and the other 2 has passed on
the real estate is paid for
answered on Jan 9, 2018
Sorry, but you haven't provided enough information to give any kind of answer. Is there a will for either grandparent? How many and who are the heirs/nest of kin? What real estate did they own- is it paid for? insured? occupied by family/tenants? This is probably more than can be answered in... View More
taken your step mother to the bank and has had the facility that your father is at bring him there too. They have completely removed all money from accounts and redirected their direct deposit to a destination unknown by you. All of this done without your knowledge or consent. Is this legal?
answered on Jan 9, 2018
Possibly yes, if you father and step mother agreed to the transactions, then the Ban personnel are simply following instructions. If your father and step mother are not able to make good decisions ( or have been pressured into decisions that are not in their best interests) then you should... View More
This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as... View More
answered on Jan 5, 2018
Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.
The executor has already sold everything my father owned and has taken over his accounts. My daters estate was in excess of 4 million dollars as the will was not submitted to probate. My father just passed away on August 22, 2017. Is there anything I can do about the way his executor handled my... View More
answered on Jan 4, 2018
There is no executor without a probated will. If you know what the will says, it might help. But the sole called executor might have been on his signature card, deeds, stock certificates, etc. You need to hire a competent attorney to investigate several different things. If the so called... View More
Elderly parent lived in nursing home, on social security and medicaid, passed away. She had no will and divorced. Trying to settle her estate and get mail forwarded to us. So settling estate is left to us, since my husband's brother had pretty much disowned mom and had nothing to do with her... View More
answered on Jan 2, 2018
Generally, the deceased person's estate is governed by the law of the State where they resided at the time of death, so in this case, it sounds like you need a Missouri lawyer.
I have 5 kids to take care and she agree to sign a pre-nuptial agreement rescinding her interest to my assets. My question is we are in early 60's and as long as I live I want to have the control of the assets. My question is, when the time comes she (she's older than me) need to go to... View More
My father killed himself in 2016. And I don't know the truth and I want to know if my stepmom or her family had anything to do with it. Also my great grandmother left savings bonds for me. And my stepmom will not give me anything of his or come up with my saving bonds. Also I'm not sure... View More
answered on Dec 29, 2017
You should consult a probate attorney. If your father left a will, you would have been entitled to notice of probate. If he didn't leave a will, you are entitled to a portion of his estate.
answered on Dec 21, 2017
It depends on what the power of attorney was for. If it was meant to convey authority of both people, then one person can revoke the power for the attorney to act on their behalf without the other revoking.
answered on Dec 18, 2017
You can try, but I suspect the Police will advise you to retain an attorney. Failure to exercise the duties of the executor can be the basis for having the executor removed/replaced. consult an experienced probate lawyer soon, this is not something you can do yourself.
My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing... View More
answered on Dec 12, 2017
It is doubtful that law enforcement will prosecute the theft.
The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent... View More
answered on Dec 7, 2017
Yes- if I understand your question correctly. The statute which defines "marital property" and "separate property"
provides that property acquired by inheritance is separate property, and separate property is NOT subject to division ( splitting up) in a divorce case. In... View More
My husband passed away with a will that left everything to me. His sons (one in AZ one in TN) said they cant believe they didn't get anything and consulted with an attorney. I'm thinking I may have to consult an attorney also. There is no estate. According to the will I own everything... View More
answered on Nov 16, 2017
If you have not submitted the will for probate, you should do so immediately.
In my opinion, any child, whether they are in the will or not, is entitled to see their parent's will. Its just the right thing to do. Wouldn't you want to see your mothers or fathers will? If there is... View More
My father died without a will. My brother in law is the executor. Probate is almost over. He and my sister want me and my other sister to sign over title to my father’s house to them. My sister and I want it divided fairly or they buy us out. Do I need my own attorney if there is a fight?
answered on Nov 15, 2017
Short answer YES
Longer answer even if there isn't a 'fight' it makes sense to have your own attorney review things.
Don't be penny wise and pound foolish about this. Getting advice from a local professional is always a good idea!
--This answer is... View More
I’m the beneficiary of his life insurance & oldest of 2. We agree on everything. I have the latest deed, the death cert
He has a double mortgage on a 20 year old double wide located on 2 achers in Cunningham, TN
Very little property 2 older (90’s model) car & truck... View More
answered on Nov 15, 2017
The administrators fee and the attorneys fees of the administrator are priority expenses of the estate ( I think the funeral expense comes first). However, in most local jurisdictions, these fees are subject to court approval or are set by local court rules. In other words, the fees do indeed come... View More
My niece is on drugs and about to lose the house.Id love to try to buy it for remaining balance.Would i be considered a heir of his?
answered on Nov 10, 2017
More information is needed to give a complete answer, but generally, if there is no will, the children and surviving spouse ( if any) of the deceased would inherit from the deceased. You are certainly "kin" - but not directly in line to inherit. If you are interested in buying the... View More
My husband (the grantor) created a trust and named himself the trustee. He named me the sole beneficiary as well as the successor trustee. The problem is the Schedule A/Assignment of Property does not actually mention what property. Is it assumed that all assets will go to me his current spouse of... View More
answered on Nov 10, 2017
A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to... View More
I live in Tn and she was born here in Tennessee and is an official resident of Tennessee. He has not contacted me since june and has contacted other people instead of me. I also have proof of him smoking weed and throwing a gang sign.
answered on Oct 30, 2017
You should file court papers to require him to pay you child support. However, be prepared to allow him time to visit and get to know the child. It may seem like he doesn't care about the child now, but the law says the best thing for the CHILD is for he/she to know and have a relationship... View More
I am involved in a difficult situation with my grandmothers will. She died almost 4 years ago and the will has not been done. Her house is still full of possessions and there’s no end in sight of cleaning it out. I am written in for 5% of her belongings. My aunt has spent all of the remaining... View More
answered on Oct 26, 2017
You need to discuss this with a lawyer. Your question suggests either the will has not been filed with the Court and an estate opened or the estate has been opened but not properly and timely administered. Who was appointed as the Executor of the will/estate? Does the will waive an inventory and... View More
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