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answered on Jul 26, 2017
Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies... View More
My parents added a mother-in-law suite to our house 17 years ago so that they could have a place to stay when they visited us. They told us it was a gift to us. They live in Florida most of the year and visit for only short times during the year.
We live in Virginia. My husband has passed... View More
answered on Jul 25, 2017
Unless their name (or the trust's name) is on the deed, it is unlikely they will be able to claim ownership in your land/home.
That said, however, without seeing ALL the documentation (what did you sign when they added onto your house -- there HAD to be something as you can't... View More
My father owns a building in Manhattan that generates monthly income. Twenty years ago, he and my mother created a trust that left, upon their death, their shares of the building to their grandchildren. My brother and I, under the trust, are to receive income from the shares until our death. Now,... View More
answered on Jul 20, 2017
It depends on the type of trust it is and what the trust document says. It's hard to answer your question otherwise. If it is a revocable trust he likely can do whatever he wants
answered on Jul 10, 2017
I need to know way more information. Your questions is vague and there are many moving parts. Was there a will?
answered on Jul 5, 2017
If done properly, everything comes out.
The key issues to address are property for equitable distribution, income and expenses for support, family history for custody and visitation, and the factors and circumstances leading to the dissolution of the marriage for both the grounds of divorce... View More
I am the third exec of his estate...his wife was first...my daddy second ( deceased and heir) and me third. When is wife passes...is there any action I can take for me and the remaining siblings.....as per his will? She is in bad health and now lives in NC. Her nephews are managing/helping with... View More
answered on Jul 5, 2017
If the estate was probated, then it can't be 'reopened' because his wife has passed. HER will / estate plan / intestacy now controls the assets that were passed to her in his probate in 2015, and unless there were a 'life estate' with a reversion after she passed embodied... View More
My sister and I co-own my father's home that he has life time right's to live there. My sister has debt collectors and creditors attempting to collect money owed. Can they attempt to collect from the estate of my father before he passes? Force a sale of the house?
answered on Jun 23, 2017
If in fact your father has a life estate deed that has been properly executed in the clerk's office, then creditors cannot touch your interest in the house because he only has a life estate. They can collect against any personal assets that he might have however.
Who is to own it??
answered on May 29, 2017
This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.
answered on May 23, 2017
If there is no will then the state he lived in's intestacy rules will apply, and MOST states give a large portion of assets remaining to a surviving spouse. You'd need to have more specific information about both how any property was titled (if it is joint with his current spouse then she... View More
My parents are 89 and 90...just want to make sure everything's in place for their future...
answered on May 5, 2017
The fact that an agent moved does not 'invalidate' documentation. If she is still willing to serve and your parents are still OK with that, then everything continues as before.
If there are CHANGES then your parents need to have their documents reviewed and perhaps redone. I... View More
My sister took out a guardianship on me by lying her way through and using my Medical Drs. name in the process and he stated he did not release any info to her I went to court and my medical records were so good there was no way she could win so she removed herself and now wanting me to pay her... View More
answered on May 5, 2017
Have you reported the theft to the police? Theft is a criminal matter.
It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.
NIKL
answered on Apr 20, 2017
If your father in law died in Virginia, then you should contact a probate attorney in Virginia to answer your questions.
The revocable trust was never "activated" with a second executive trustee. The lawyer involved never notified me - and now the estate is being held up as there is no executive trustee of RT - nor have the funds been transferred. The executor (mother's accountant) is trying to avoid... View More
answered on Apr 8, 2017
You should contact an experienced probate lawyer in the state where the probate is filed (and presumably is the situs of the Trust). He or she will have to review the Trust and probate documents and the communications from the executor in order to advise you. Many offer free initial consultations.
A brokerage account lists an executor as a transfer upon death beneificary. Does the executor have a fiduciary duty to the estate to include funds from the brokerage account?
answered on Mar 3, 2017
It may depend on how the brokerage account beneficiary designation is worded. If the beneficiary is listed as "Executor of estate of [account owner]", the funds probably have to be paid to the probate estate of the deceased account owner. If, on the other hand, the account beneficiary... View More
was to go to 3 charities. After 50 years a memorial was to be established to honor his mother. The Trust ran out of money in 2002, 50 years ran out in 2011. No residual clause in will. Who inherits
the descendants of his siblings or the charities?
answered on Jan 26, 2017
If I read the facts properly, there is no money left long before the 'termination' of the Trust by its terms. In that case, NOBODY inherits, because there is nothing left to inherit.
Or did you mean something different?
-- This answer is offered for informational purposes... View More
Firstly, we live in the state of Virginia and I appreciate anyone's professional time and counsel. My mother had numerous life insurance policies ranging from $1,000 to 10,000 and has me named as the sole beneficiary on all policies. She had no will and her house and land have been in mine... View More
answered on Jan 15, 2017
The proceeds of the life insurance policies should pass to the beneficiaries outside of the probate estate. Likewise the jointly owned bank accounts, which should pass outside of probate to the surviving owners of the accounts. The credit card debt can reach assets of the Probate estate, which... View More
answered on May 20, 2016
Answer depends on more facts than are given in this case; such as the status of the estate, who the executor is, and the terms of the will. Seek out a local attorney to help you with this case.
He is currently in bad health and two days after having brain surgery he signed a will giving his assets (which I'm sure include box contents) to his girlfriend. What would happen if I accessed box and took content's before his death
answered on May 20, 2016
Simple answer; Don't. You could be on the hook for that property if the will goes through probate and the Judge rules father competent at time of will. Seek out a probate attorney to prepare.
The property listed is in India, ans is currently under dispute between other brothers and sisters for the past many years. Settling this would take a lot of time, or it may never be settled. Will this affect the settlement process in US.
As an executor for the will what are the... View More
answered on May 5, 2016
I hate to say it, but this question is too fact-specific for us to provide general information on a public site like this. I would wager that any ongoing dispute in India is going to have an effect on the probate process here in the US. You (or the interested party) should seek out and consult... View More
I had a durable POA to handle her medical and other affairs and her bank accounts had a POD. I took her back to England for burial and her accounts had no additional funds after the cost of the funeral etc....I contributed to her home health care costs and funeral costs. My Mother was due a small... View More
answered on Apr 22, 2016
You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.
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