Power of Attorney documents were drafted for my father, with my sister and I listed as primary and alternate agents. I was living out of state when they were drafted, and didn't sign them, but everyone else did. Also, my address and phone number listed in the documents are not current.
Hello, I cannot be certain without examining the document completely, but it sounds like you are talking about the line on the document where sometimes the Agent signs to acknowledge that they have been named as Agent (usually somewhere after the principal's signature). I know at my office it...Read more »
This is a very interesting question. While it might be possible for her to leave a bequest to your trust, for tax reasons, it might not be desirable. I think you should examine carefully what type of assets she wants to leave to the trust, and the language of your own trust with an experienced...Read more »
If/when your husband passes away you can work with an attorney to complete a disclaimer, and if your children are the next named beneficiaires in the Will or Trust it would go to them. If your husband is still alive, you could have him alter his estate planning documents now to accomplish this...Read more »
I have my dad's Will. It names me and both my brothers as the homeowner's in the event of his death. My brother's want to quit claim deed their share to me since I live in the house and need to get it in my name to get homeowner's insurance on it. I was told it has to go through... Read more »
I am sorry to hear about your father's passing. I would suggest either saving up the money to hire an attorney to help you get the house through probate, or attempting to open the probate process on your own. If the real estate has value (presumably it does since you want to get the house into...Read more »
I would discuss this question with the attorney handling the estate of your father, or whoever drafted the disclaimer for you to sign in the first place. It is likely it is too late to take back the disclaimer, unless this occurred very recently, however there may be a way for your sister to gift...Read more »
If your grandmother passed away without a Will, someone is going to have to petition to open a probate case for the Estate in the County in which your grandmother resided at death. Then someone will also have to volunteer to serve as Personal Representative (aka Executor) of the Estate (likely one...Read more »
Hello, I am sorry to hear about the death of your sister. If your sister's Estate had no other assets, and there are funeral debts outstanding, then in a situation where you were not receiving SSI benefits you could use that money to pay for her funeral. However, normally, her Estate would pay...Read more »
No home, no car, no investments , no life insurance, no death benefit on her pension income, just household items. Do I have to set up a probate case? How do I handle her remaining medical bills. She has no other debt, just medical bills that exceed her assets. Do we have to sell her household... Read more »
I am sorry to hear about the passing of your Mother. In Wisconsin, for small estate less than $50,000 in value, there is a transfer by affidavit process to transfer assets when the total value of the estate is less than $50,000. In this case, if there are no financial assets, and no real estate,...Read more »
Uncle Billy passed away estate years before my Uncle Bobby passed away. My mother inherited my uncle's bobbies estate because she was alive when he passed away So when my mother passed away my mother's inheritance from my uncle Bobby's estate went to her three... Read more »
If both Uncle Billy and Uncle Bobby passed away without a Will, then the Estate of each one would be governed by the Wisconsin basic rules on intestate succession. Those rules are found here in Chapter 852.01. Under Chapter 852.01(2) there is a survivorship requirement, and that requirement is...Read more »
Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the...Read more »
I recommend you review the trust agreement itself to see if it has a provision about "uneconomical administration" where it lays out a procedure whereby you can terminate the trust. If not, you may need to rely on the provisions of the default Wisconsin Trust Code. In some instances, it...Read more »
There are many issues raised in this scenario. First, to sell any property of your mother for less than fair market value would be a breach of fiduciary duty on the part of your sister. Second, any sale for less than fair market value with be counted as a "gift" and if your mother ever...Read more »
Generally, the Personal Representative named in the Will is in charge of managing the property owned by the Estate and distributing it according to the scheme laid out in the Will. This usually includes the power to list and sell real estate, unless the will directs some other plan for the real...Read more »
The Justia Lawyer directory is a good place to start. I recommend looking for an attorney who focuses their practice on estate planning to provide you with the best advice possible in this area. You can review different attorney profiles and websites to find one that best fits your needs. In my...Read more »
To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »
The name change is not an issue. If it needs to be addressed at a future time in connection with the sale of trust property it can easily be done at that time. You should consult with an attorney before you remarry to make sure you understand the effect of remarriage on your rights under the trust....Read more »
Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... Read more »
If he had no surviving spouse or children, yes, that is quite likely. THAT is why it is important for everyone to have an estate plan. Reason #1 (out of at least a dozen reasons), is to make sure your stuff goes to who you want.
If the trust was created by the Will, such as a testamentary trust created inside his Will, then the trust may not come into effect until the probate has finished. It depends on the wording of the Will. If the Trust was created on its own, outside the Will, then the Trust should not have to go...Read more »
If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer...Read more »
We would give the one son $75,000. Say when we die the one that has the cabin wants to sell. He would be pocketing $150,000. We realized the other son only got $75,000. This is not right though. So would we write up that the one son that got the cash would get another $37,500? Which would then be... Read more »
It depends on what you are trying to accomplish. If I understand correctly you want to gift $75,000 in cash to one son today. Instead of cash, you plan to leave the other son your cabin at death. You could order an appraisal of the cabin now and figure out what it is worth. If it is worth exactly...Read more »
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.