She told me to withdraw the money if she died suddenly - her will was not complete - she gave me PIN number I did - she also told me to use credit card I did - family wants money back ? What do I do - I have a paper I wrote down and she initialed it before she died - she died suddenly without... Read more »
This is a really sad situation. Your friend did not engage in proper estate planning and you could end up being the victim of that. Most likely you are going to have to return the money. In situations like this you need to be able to produce SOMETHING in writing, signed by the decedent, that...Read more »
The executor must file an inventory and an account. Anything that isn't accounted will come into question. If you suspect a greater problem, you should communicate with the estate's attorney or with the Commissioner of Accounts.
Dad wanted me & my brother to be co-trustees. My mother redid the trust and named my brother & herself as co-trustees. They tried to keep Dad's will out of my hands. I finally got a copy from her lawyer. Seems fishy to me.
If the land was held by entireties with his wife, and if he predeceased her, it wasn’t his to give in his will. The land passed outside of probate to the survivor. Nevertheless, there are confusing references to trusts, and trusts imply inter vivos grants prior to demise or special titling of...Read more »
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which...Read more »
You will have to pay taxes on the land that you sell if the value that you get for selling the property is larger than the value that you inherited the property at. When you inherit property, the estate tax takes care of the taxes due on the difference in value that the deceased individual holds...Read more »
ROANOKE, VA NOT MASON, OH...My brother is the executer of my aunt's will that died Nov 2019. He's lied to all of us, supposedly the only 3 expensive pieces of jewelry are "missing" & he told the insurance inventory there wasn't any. He's a jerk to everyone, partly... Read more »
This is the second time I've read this question, but I still don't have an answer you can DIY without a lot more interviewing and potential filing. You need a lawyer, and the lawyer may be able to petition for you to be executor because your brother declines to serve. If the estate is too...Read more »
Half sister's name was added to moms bank acct after dad passed, so she says the money is hers. Is this true even if the will states all assets are to be distributed evenly to all heirs? She says low bank balance, but I know otherwise. Are we able to view bank records? Shouldn't she have... Read more »
He married her after he bought house but is trying to sell but cant because his children need to sign paperwork and I have no clue what this means I live in Fredericksburg va the house is in deptford nj
All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »
I am the executor. But I have to wait to be qualified. Courts have been closed since March. Everything is delayed due to Supreme Court ruling in Virginia. My parent passed in early May. Bills need to be payed. I am willing to pay from my own money to keep power, water etc going as I already lived... Read more »
I'm not sure that you have any duties until the Court appoints you as Executor or Administrator, but it would seem to be in your interest to pay the bills to keep the utilities turned on. In many places, utility companies have either voluntarily or by state orders indicated that they will not...Read more »
There are also items from my childhood and property I am interested to divide up such as china, old coins, etc. My brother is hostile , we do not speak to one another. Though his is girlfriend, I am told he is stating "off limits "to his home and contents. What recourse do I have? If he... Read more »
A will typically might contain specific bequests of personal property, or reference to a list that may or may not be binding on the executor, specific devises of real property, and a residuary clause, which transfers all the rest of the estate to particular beneficiaries. Your question does not...Read more »
The account was Her money, his name on it mainly to help her when she was ill. Account =$40,000. Will this money be included in the estate to be distributed to her children? Does he have ability to claim this as his own? Thank you.
There is no clear answer to your question without knowing additional facts.
Under Virginia Code Section 64.2-620, certain transfers upon death accounts are nontestamentary, meaning they are not part of the probate estate and pass outside the will. This includes payable on death (POD) bank...Read more »
Virginia would not consider you divorced unless you filed for divorce. From there, intestacy procedures and the terms of the contract for the credit cards would apply. In theory, you should be able to contact the credit card companies and close out the accounts if they are solely in your...Read more »
My late spouse was from another country and owned property there. I allowed my brother in law to be my P.O.A., to handle that business as I could not go to said country. I haven't heard anything from anyone in 2 years. I am in West Virginia and my in laws are in Texas.
Of all the categories you chose, maybe the best one to start with could be to contact an estate planning/probate attorney. They could probably assess what kind of investigative/legal resources are needed. You could look up such attorneys here (Find-a-Lawyer, above), or through your own independent...Read more »
There's 233,000 Acrea of land owned by family name.The farm has been owned and manned by my family for over 100 years .(with whom I've never met and by blood I am related)Is there any rights I have to this farm?
There is no way to tell from your question. You don't specify whether the land is located in Virginia or some other state - 233,000 acres is huge for Virginia; more likely in a western state. The laws of each state are different.
That said, you would need a title search to determine...Read more »
My grandparents left the house and 50 acres to my mom as owner of the life estate. My brother and I will inherit the house and 50 acres after her death to be split evenly (we have already agreed my brother gets the house + 20 acres and I get the remaining 30 acres). Am I able to build a house now... Read more »
A person may die testate, with a will, or intestate, without a will. Whether to probate an estate is an important threshold issue. In some instances, it is advantageous to probate an estate or will. In some other instances, it is not necessary, or the costs, inconvenience and liability outweigh...Read more »
My father in law used a broker to invest monies. He passed away 01/28/2020 when stocks were at their height. When the broker divided up the estate, stocks were down substantially and the amount received does not reflect TOD Cost Basis. Now there was an “unrealized loss” I don’t... Read more »
The stocks obtained a step up in basis when your father in law died. This is a good thing. Now if an heir chooses to sell a stock when it's down, the heir will be able to deduct the loss on his or her tax return.
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.