He died in February and left no Will. He owned a home and has a checking and money market account, that we have no access to.
answered on Apr 1, 2019
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,... View More 
Can daughter bury urn herself into the ground?
answered on Feb 5, 2019
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
my mother inherited $140,000 while in care, am I left now with nothing.
answered on Dec 13, 2018
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
answered on Nov 28, 2018
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
Worried that they will use it for their own benefit.
answered on Oct 3, 2018
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
answered on Sep 25, 2018
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
brother life partner.ex taxes
answered on Sep 5, 2018
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
answered on Aug 22, 2018
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
answered on Aug 9, 2018
A living will is an excellent addition to any estate plan. It is a good idea to consult an experienced attorney to assist you with that process.
answered on Aug 4, 2018
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
answered on Jun 29, 2018
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
If you have any questions about that... View More
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?
answered on Apr 23, 2018
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.
How do I access his belongings? He also has two precious children. What are my grandparent rights?
Thank you kindly for your time,
answered on Apr 23, 2018
Sorry for your loss. His children are his beneficiaries and legal heirs. The children are the ones who would receive your son's assets and belongings.
The mother has a bad case of Alzheimer's.
answered on Apr 23, 2018
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
Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?
answered on Apr 6, 2018
Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.
How do I access his belongings? He also has two precious children. What are my grandparent rights?
Thank you kindly for your time,
answered on Feb 26, 2018
Contact an estate attorney in the county where he was living. They can best discuss those issues.
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
answered on Feb 2, 2018
Well, this is quite the pickle.
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
According to a banker I know with a lot of experience.
answered on Sep 12, 2017
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
It used to be that it had to be a number of years prior to death. But someone told me that you can not do it at all any more.
answered on Jul 20, 2017
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.
answered on Jul 19, 2017
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
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.
