I would be careful with adding your name to the deed. Any change in interest may spark the due on sale clause for the mortgage. Reach out to a local Estate Planning attorney to explore other avenues for alleviating the burden of the debt.

In many states, this is not required, but check with a local estate planning lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation.... View More

You have not given enough information here. We would probably have to read the complaint in order to tell you what this means fully.

The situation may be governed by the following provisions:

§ 64.2-422. When omitted spouse to take intestate portion.

If a testator [the person making the will] fails to provide by will for a surviving spouse who married the testator after the execution of the will, the omitted... View More

Generally, no. Unless the parents agreed to be responsible, only the child's property could be used to satisfy the debt.

Does it have to be, no. It sounds, based on the limited information presented, like it should be. If someone has a right in a piece of real estate, that right exists even if it is not written down. The problem is that right can be taken away far more easily than if the right was written into the... View More

Probably not. It sounds like there is enough money for you to consult with an attorney. What you describe does not sound adversarial, an estate administration attorney ought to be able to help.

An Estate and a Trust are to wholly different entities. One entity may owe duties to the other. The Estate is governed by a Will, or if there is no will by the laws of intestacy. The Trust is governed by the Trust document(s). Both entities have additional duties and requirement imposed by the... View More

Something has to be done to notify the world through recordation that property has passed to the child. There may also be debts or other rights and obligations of the deceased that must be accounted for. Make an appointment with the Circuit Court of the last known residence of the deceased to... View More

The check is made out to the estate. Generally only a properly appointed fiduciary should be able to cash the check. If there is no intention to probate an estate (for example if there are minimal assets), then the daughter or other heir(s) might try to get the insurance company to reissue the... View More

It depends on a lot of factors. Is there real estate to be distribute? how large are the assets in the estate? Are there conflicts regarding distribution? Did the deceased have a lawsuit pending, or will there be a lawsuit filed against the deceased? The questions go on and on.

What you... View More

There is no online form to fill in. The list of reasons to have an attorney assist with the drafting and signing of a will is substantial. But the main reasons are to ensure your property goes where you expect(and not to the IRS), to understand the provisions of the will, and to ensure the will... View More

This is not a simple matter where a form will solve your problem. You need to contact an attorney to determine if withholding distributions to the surviving spouse can be done without court action. The analysis is fact specific and can not be answered with a short question.

For your actual question, No. A beneficiary, who is not a trustee may not charge the Trust for the beneficiary's legal fees unless the beneficiary is also a trustee or has the permission of all trustees and all beneficaries, or it is allowed in the trust document. In all instances there are... View More