My father just died. He was married. There is me and my sister. He just had retired from intel, and had several amount of money in stocks and bonds, and money saved up. Plus my step mother and him had just purchased a house worth about $750,000. I would like to know where all his money will be... Read more »
I am sorry to hear of your father's passing. My condolences. You mentioned your father lived in Oregon and purchased a house there. Unless your father owned property in Utah, then you are going to be dealing with Estate and Probate law in Oregon. Each state can have very different laws...Read more »
You can't just stop a probate, unless you can prove that the person is not dead, I suppose that would stop it. But if you are trying to stop the personal representative from being appointed you will need to object to his/her appointment.
he bought the house, she bought everything in it. When she died, in her will she left me all of her personal belongings (a handwritten list included with the will) which shows the furniture, etc. I've left everything in place since my father is still alive and don't want him living with... Read more »
You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right?
So yes there is a marital interest. All personal property is...Read more »
until my father dies. My problem is that my brothers and their wives and children are stealing things from my father's house and they are the things my mother left me. I would like to charge them the replacement value of the item from the trust since I can't seem to get them to stop... Read more »
I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.
The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are...Read more »
Mother refused to make will. Her sister, who she very much disliked, decided Mom was mentally incompetent and had herself named Legal Guardian. Mom is then sent into assisted living and quickly passes away. Now her sister is saying the estate is completely bankrupt, mom made a will naming sister... Read more »
The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.
You stated that your aunt, whom your mom disliked,...Read more »
My mother is in an assisted living center and I put her there because she is not able to function at home. Her husband has health and mental issues and threatens to leave, so I had no choice but to move her because she cannot be there by herself.
It is hard to say. Most estate planning will do this at a flat rate if they do it all. The reason they may not want to update (meaning drafting an amendment or a codicil) is that they believe that they will be held responsible for the rest of the contents of of the document even if you they are...Read more »
Your mom is a contingent agent to carry out the terms of the trust. Until your step-grandma either resigns, becomes incapacitated or dies, your mom has no authority over the trust property by virtue of the trust agreement.
The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will...Read more »
Judge ordered a court visitor for competency evaluation. The proposed ward hired a lawyer to halt the proceedings. The lawyer bringing the case then met for two hours with the court visitor before the evaluation while the counsel hired to halt these proceedings was not informed. The evaluation was... Read more »
Court visitors are charged with providing an independent assessment. The fact that the Court Visitor met with the attorney is not alarming and even not that unusual. Remember that the attorney is an agent for the person petitioning for the guardianship/conservatorship and the...Read more »
Both my uncle and aunt have hired a lawyer to get my fathers heirlooms that have been in my parents house my entire life and a few things he inherited from my grandfather when my grandfather passed away. My father was still married so shouldn't the heirlooms automatically go to my mother and... Read more »
Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother...Read more »
First, if there is a small estate (less than $100,000 and no real property), does a personal representative need to be appointed and does the estate need to be summarily closed? Second, can a small estate affidavit be used to access money in a single-party account owned by the decedent?
Usually, if the estate is exempt from probate (no real estate and value under $100k), then you should not need to have a personal representative appointed through the courts. Whoever is the designated personal representative in the decedent's Will (or, if none, the closest living relative) may...Read more »
This really depends on a lot of different factors. If the funds had vested to you (meaning they are not contingent on someone else like your father passing away), then the Trustee is responsible for those funds and was responsible for their appropriate investment. I would suggest contacting an...Read 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.