Get free answers to your Estate Planning legal questions from lawyers in your area.
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More 
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
Back taxes and the city is about to sell the house and she loses it. There is a will my dad left for the house but she never filed it. If the house was sold it would be split among us children. These taxes are from her failing to pay them the past two years since my dad died. How do I gain control... View More
answered on Jul 1, 2024
A power of attorney expires when the maker dies. When your dad died, any power of attorney he signed naming your sister ended.
Since your father left a will and you are an heir under that will, you have the right to file an application for probate of the will. If someone else (e.g. your... View More
answered on Jun 28, 2024
Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More
I live in Texas
answered on Jun 18, 2024
In order for your assets to go to a specific person, you need a valid Texas Will to handle your probate assets, or you need to name that person as the beneficiary on the assets/accounts for non-probate assets.
Failure to do do either of those may give others a right to those assets, or... View More
I live in Texas
answered on Jun 18, 2024
The easiest way to make sure everything goes to your wife is to provide for her in a Will that complies with all formalities required in TX. Generally, you need two witnessed that are in your presence when you sign your Will declaring to them its your Will and you are requesting them to witness you... View More
I live in Texas
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2024
Making a Will or a trust with your wife as only person to inherit would be a good start. Then like my colleague say, ensuring that your beneficiary designations are up to date, as well as any POD designations on accounts, and if applicable transfer on death designations on your home and... View More
answered on Jun 18, 2024
As a general rule, a spouse is not liable for a debt incurred by the other spouse unless the debt was incurred for "necessaries" (e.g. food, clothing, shelter) or the spouse was acting as an agent for the other spouse. Obviously, if you had jointly signed on a debt or filed a joint tax... View More
Mother's only property is checking and savings account in California and a checking account in Texas. My sister and I are a co-owners of the California account and I'm the principal owner of the Texas account. Total value is under $70,000.
answered on Jun 18, 2024
I notice you refer to your sister as executrix. Is this based on the writing of the Will or did you go through probate? A Will has no legal effect until it has been deemed to comply with all the laws of the state, typically by going through probate. If your sister was appointed by a probate court... View More
My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2024
There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.
Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when... View More
There was a will put in place in 1973 my grandmother passed away in 2015 the probate was never challenged and my father passed away in 2019 my grandmother only had two children did my aunt having power of attorney give her the ability to override the wheel?
answered on Jun 3, 2024
A power of attorney ends when the principle who signed the power of attorney dies. A will does not go into effect until it is probated and a will can only be probated after the individual who signed it dies. So the attorney-in-fact named in a power of attorney cannot override a will.
My SS retirement income and personal resources make me eligible, but there's also a 30 year old, irrevocable, testamentary, spendthrift trust from my father in which I am the beneficiary, and the trustee has full discretion regarding any disbursements .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024
As a general rule, the Social Security Administration takes the position that if a trust beneficiary does not have the legal authority to revoke or terminate a third party trust (a trust created by neither the beneficiary nor the beneficiary's spouse) or to direct the use of the trust assets... View More
My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new... View More
answered on May 20, 2024
While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.
You say that you and your sister are "mentioned" in the deed. If not apparent from the language... View More
How do I keep my Ssi and Medicaid ? I heard they’re is certain trust or something called a spend down, I need legal advice!
answered on May 10, 2024
This would be a great opportunity to set up a Supplemental Needs Trust (Special Needs Trust). If the funds go directly to the trust, your ability to receive governmental funding should not be affected. You would need to name a trustee that would handle the trust. A Supplemental Needs Trust is... View More
I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024
Without knowing the situation, it is possible the accounts had a Beneficiary designation on there that was NOT you.
If the money went to someone else, you have no right to know about this, as you are not the beneficiary.
If the accounts had no beneficiary, then you should go through... View More
I wrote to Insperity Holdings about my late husband's estate and and investment account, since Insperity Holdings is the HR company for the company my husband worked for. I wrote another important person high up in the company, never have heard a word from either of them. Aren't they... View More
answered on May 6, 2024
First and foremost, file an application to probate your late husband's Will or his estate if he didn't have a Will at the time of his death.
If you are appointed as the personal representative of your deceased husband's estate (either as the executrix of his Will or as the... View More
I'm setting up a living revokable trust for me and my sister - we are grantors and will be trustees (beneficiary will be a relative upon our death). The only assets funding the trust are 2 real properties (no mortgage/liens) and a few mineral rights (100% owned). Currently, 2 of the minerals... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024
It is unclear what you mean with "separate account." For a trust to be property funded (i.e. all assets are moved into the trust name), a trust will need to have a bank account in the trust name.
So presuming you mean "separate account" from your "personal... View More
.y friend lived with an Elderly gentleman for 2 yrs. Sheis a beneficiary in his trust. And the trustee and executor of estate took POA immediately. Came to house and took will and other stuff from house. Came back next day( mon)and bullied my friend. Telling her she was going to get a considerable... View More
answered on May 2, 2024
I think it would be very unusual for the person named as trustee in a testamentary trust not to have read the Will before the testator dies. Usually, the testator would discuss his Will and wishes with his trustee and make sure that the trustee is willing to perform those duties and will honor the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2024
It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.
If you have questions as to what the order means, or you believe that the order was given... View More
I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2024
I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:
1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the... View More
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
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.
