I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do...View More
Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will...View More
Yes, your Will will still be valid in the United States if you should pass away while living abroad. As long as you are a United States Citizen and maintain residency in one of the 50 States in the United States, then the laws of the state where you have established domicile should govern and your...View More
If your question is whether the legal guardian can access the trust funds, it depends on whether the legal guardian is also the person named as trustee in the trust. If they are named as trustee then they will have the power to access and manage the trust funds for the benefit of the trust...View More
There are many reasons to use an irrevocable trust, but here are two quick ones. One, an irrevocable trust can be used to remove assets from your taxable estate, so if you have an estate that exceeds the current estate tax exemption levels ($11.18 million per person) you may want to use an...View More
I am not sure I understand your question. Are you referring to the Transfer by Affidavit used for probate estates worth $50,000 or less in Wisconsin? If so, the person who completes this Affidavit is swearing to collect the property and assume a duty to transfer the property according to the...View More
Yes, in Wisconsin we call the Executor of an Estate under a Will a "Personal Representative" and the Personal Representative is entitled to 2% of the inventory value of the property for which the personal representative is responsible, less any mortgages or liens plus net principal gains...View More
A revocable living trust will provide a variety of good options for you. You could structure your trust so that after you pass your assets provide income for life to your current spouse, with the principal passing to your children upon your surviving spouse's death. You could also provide your...View More
My wife is the co-executor (along with her stepsister) of her stepmothers trust. She made this amendment 1 year before her death and told both of the executors verbally. She had intentions of going to a lawyer to finalize this but never made it. She also included justification for this change... View More
I'm a little confused with some of the facts here, but I can answer any questions you have about the timeshare matter. I recently wrote an article about legal options regarding timeshares that you can access here: https://www.targheelaw.com/article
I'm the PR on the will but I'm not an heir. The person that passes didn't name her child on the will because she did not want her on the will but the heir filed an affidavit. Will she get what she is asking for?
The Will would need to be filed with the Probate Court in the county where the decedent last resided. The child would then need to challenge the Will and argue to the Court why the Will should not be deemed valid.
Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian)...View More
In her will it states how much I paid towards the HP/escrow(x) throughout the years. It also states If any remaining mortgages & property expenses due (Y)and owing on my residences exceed the amount of kelly's purchase price after the credit is given. then her purchase price shall be... View More
If I understand correctly you have a land contract where you are BUYING your mother's house for x dollars, but there is a mortgage against it in your mother's name for y dollars. The question is not whether X plus Y > value of the house. It is...View More
You are misinformed about MN law. In MOST states (and MN and WI are in that crowd) IF children inherit without a will, ALL children inherit equally. There are situations where children will NOT inherit without a will in MN (For example, if there is a surviving spouse who is also the parent of the...View More
You can sign your house over to anyone you like at any time. However, if you do this, it will affect your eligibility for Medicaid for 5 years. If you apply for Medicaid benefits (to pay for Nursing Home care, for instance) within 5 years of gifting your home (or anything else), you will incur a...View More
My sister-in-law collects SSI for a special needs son. If she is given the money, it will disqualify her for SSI. My mother-in-law has suggested a low or no interest loan that would be forgiven in her will. They live in Wisconsin. What are the legal issues that need to be considered.
This is FAR too complex a question for anyone to provide real advice in a forum like this. You NEED to consult with a local elder law / estate planning attorney and provide an opportunity to review all documents and discuss ALL of the situation. There are gift tax implications for a no-interest...View More
My mother had became very ill In late February. She wanted to transfer the deed into my name upon her death, sadly she passed away last monday before she could sign the paperwork. I know she wanted me to have the home I just don't no what to do now. She don't owe much on it maybe 9,000.... View More
If the house was in her name alone at the time of her death you need to go through probate to have it transferred now. Habitat for Humanity mortgages often contain 'unusual' clauses about transferring property so it would be wise to bring the paperwork to a local attorney to review to...View More
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