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legally speaking isn't the money in the trust still considered the trustor's held in trust after their death until all money is gone.
the trustor had specific burial wishes and noted that there would be "plenty of money" for those wishes. Can't the money in the... View More 
answered on Apr 23, 2019
Hello, Good Question
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... View 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... View More
answered on Mar 13, 2019
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,... View 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.
But he got his own Lawyer and they are... View More
answered on Feb 1, 2019
There is nothing illegal about it, unless your mom has truly lost her capacity. The fact that it is her legal husband that is doing this will probably hold more weight as well.
If you want to stop this, you will need to file for a guardianship or conservatorship with the Court so that no... View More
answered on Jan 10, 2019
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... View More
My grandpa passed away first. My step grandmas daughter is number 1 trustee
answered on Jan 10, 2019
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.
I hope this helps.
Wes
This is in wyoming
answered on Dec 12, 2018
Hi,
I am sorry for the loss of your boyfriend.
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... View More
answered on Dec 10, 2018
According to Wyoming law,
2-4-201
https://law.justia.com/codes/wyoming/2014/title-2/chapter-4/article-2/section-2-4-201/
A competent person has the lowest priority of anyone. So yes, the answer is yes, but if a relative, or creditor, or anyone who has a beneficial interest... View 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... View More
answered on May 14, 2018
Hello,
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... View More
We are concerned that our father is being cut out of things and will be left with nothing to care for himself. He is in good health. What can we do legally to protect our father.
answered on Apr 19, 2018
I am glad that you are concerned about your father. It sounds like they are dealing with some of the common issues that come with aging.
When I hear this, it doesn't make me too concerned. They may be trying to do some sort of Medicaid planning or VA planning. The first questions... View 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... View More
answered on Mar 8, 2018
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... View 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?
answered on Feb 6, 2018
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... View More
My father claims the money was lost in the stock market. How do I go about getting what was left.
answered on Jan 29, 2018
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... View More
Husband died 7 years ago. I'm selling the house and was told they could not get a clear title without going through probate due to The laws being different in 1987 when the house was bought. We have one child together and he has two children from previous marriages.
answered on Jan 29, 2018
I'm sorry for your loss.
Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.... View More
My mom has dementia, my older sister who lives out of state has power of attorney. My daughter who has lived with my mom the last 2 years taking care of her has also done her finances as my older sister would send them down for her to do. In my mothers living will i believe it states that upon her... View More
answered on Jan 29, 2018
The short answer is "yes". Will's are only valid after the testator (the person who makes the will) dies. Up until that point, they lie dormant. A power of attorney creates an agency powers that can be effective immediately. So if your sister's agency powers are effective,... View More
She still owes on her house. We are going to pay it off. What about other bills? I was told to start sending the death certificate to bill collectors. She was taken to the hospital from work where she passed. Are they responsible for any of the bills? She was working for the local 99 union. She... View More
answered on Oct 9, 2017
I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and... View More
Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.
answered on Aug 2, 2017
Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... View More
The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????
answered on Jun 27, 2017
Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More
Her Unsecured Debt after She dies when I receive the Home?
answered on Jun 27, 2017
I am assuming you understand that secured debts are those debts that are not attached to something that the bank/creditor can repossess and unsecured debts are debts such as credit cards, personal loans, etc. where there is nothing physical that the creditor can reclaim if the debt is in default.... View More
For Unsecured Debt that My Grandmother has after she dies and what will my responsibilities be?
answered on Jun 27, 2017
Well that depends on your position. Are you the named personal representative? Are you a trustee of the the trust that the home is titled in? Perhaps you are on title with your grandmother as joint tenants with a right of survivorship. Or maybe you are named in the will as the beneficiary of... View More
Possession if something happens to either one of us?
answered on Jun 22, 2017
Here are two options:
1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also... View More
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