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
I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a... View More
answered on Apr 28, 2017
Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I... View More
answered on Apr 28, 2017
When you say you are the successor trustee are you saying that the original trustee died and now because you were the successor trustee you are currently the trustee?
If you are the trustee and someone else has given away some of the trust property without authority, then that person has... View More
Igrandparents left everything to my brother when he passed he had no kids no wife no other siblings there's an uncle and cousin someone has filed papers for probate against the will as his brother do I have the right to go and is home do I need to notify the police before entering or do I... View More
answered on Apr 28, 2017
Great question. You do not possess any inherent authority by virtue of being his brother to possess or enter the home. You are from the sounds of it, in highest priority of appointment for personal representative.
Someone (sounds like a creditor) has started a probate action. They are... View More
answered on Apr 28, 2017
I am not sure what you are referring to? What are your rights to what? How old are you? Is she your guardian?
Please add more detail.
answered on Mar 5, 2017
You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.
do the instructions have to be written down by mother or verbally stated to daughter enough?
son wants money paid in full asap.
daughter wants to pay out a little at a time to where it amounts to nothing $25,000.00 is the amount sister states has been left to son, her brother, by... View More
answered on Mar 5, 2017
You have asked several questions, but I think the answer to all of them is, it depends on what is stated and directed in the will. You should sit down with an experienced lawyer and have her/him review the will specifically to advise you on what must/must not happen and where there is discretion... View More
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