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Recent Avoiding Probate questions

What is difference between a will and trust? When you do a

What is difference between a will and trust? When you do a trust, all assets go into name of trust? In Florida, dad passed in October, made mom florida resident in January and just filed Homestead.now can I put condo into a trust if she filed homestead???

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jb156200

Associate Attorney

Doctoral Degree

348 satisfied customers
I want to help a friend who was named as the executor in a

I want to help a friend who was named as the executor in a will. The only asset left is in a living trust but a different person was named trustee and they are not getting along. He is very old and confused. Can he hire a probate attorney and have the trust pay the fee? The trustee says no.JA: Estate laws vary by state. What state are you in?Customer: massJA: What documents or supporting evidence do you have?Customer: just the will. It was my wife's mom who died and the executor is her 20 year companion. The trustee is her sisterJA: Anything else you want the lawyer to know before I connect you?Customer: Not really.

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Loren

Juris Doctor

41,260 satisfied customers
I am wondering about my inheritance and the tax libility.

I am wondering about my inheritance and the tax libility.JA: Estate laws vary by state. What state are you in?Customer: ColoradoJA: What documents or supporting evidence do you have?Customer: None at the time. We received it after 1/1/2017JA: Anything else you want the lawyer to know before I connect you?Customer: The money was in a trust and then split out among three siblings

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,126 satisfied customers
My dad had papers drawn up just weeks prior to him breaking

Hello, my dad had papers drawn up just weeks prior to him breaking a hip and ending up in the hospital then followed by nursing homes and hospital again, declining rapidly and passing 5 months later. He had designated an irrevocable trust leaving everything to us four siblings with us consecutively named as trustees (a brother being named first, me second, etc.) and beneficiaries. He never had the chance to formally set up the Trust Account and my brother 6 weeks later still hasn't, believing he needs to go to probate court to do so and establish an estate account as he is the executor. Everything I have read is confusing, some saying he doesn't need to go through probate others saying he does here in PA. The house was left to all of us allowing my dad (were he still alive) and two of my subs to continue to live there. What should he do, he keeps saying the bank is putting up roadblocks regarding setting up anything without probate, and how should account(s) be setJA: Since laws vary from place to place, what state is this in?Customer: PAJA: What documents or supporting evidence do you have?Customer: Irrevocable trust papers and willJA: Anything else you want the lawyer to know before I connect you?Customer: It seems the atty who drew up the 'fancy' papers was paid $

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Attorney2

Doctoral Degree

8,086 satisfied customers
Facts: A revocable Living Trust was set up in California.

Facts:A revocable Living Trust was set up in California. According to the terms of the Trust, it becomes irrevocable upon the death of the Settlor (person setting up the Trust).The Settlor did not make a Will.After his death, the Superior Court of California entered an Order giving instructions to distribute the Trust assets.Questions:1. Under the above circumstances, does California law treat the Trust as a Will?2. If so, is the same based on a statute, or case law, or both.3. I need statutory authority to treat the Trust as a Will and supporting case law (2 cases).Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
My sister has passed without a will, the only heirs are her

My sister has passed without a will, the only heirs are her two sisters and a brother. Can we do a small estate affidavit to allow us to sell her house. And avoid probate.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: OklahomaJA: Has anything been filed or reported?Customer: Don't think anything has been filed. Filed with who and reported to whom. She died on 12-12-16JA: Anything else you want the lawyer to know before I connect you?Customer: I think that's it

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RobertJDFL

Attorney

Juris Doctorate

13,846 satisfied customers
I had talked to you previously about trying to locate a will

I had talked to you previously about trying to locate a will that I and the family was told repeatedly was completed. He was kicked out of his house almost two years ago and denied access to paperwork and personal property and was almost done (about a month away) with a long drawn out bitter divorce. We know he had a fire proof safe in the house but she is stating that there is no will and thus entitled to everything through intestate rules.You stated that I could petition for her to produce the will as I had been told repeatedly that I was a beneficiary but we know she is willing to lie to the court as she already denied during the divorce that she forged his name on checks (including a settlement check for $10,000), did not remove $160,000 from their joint accounts without his knowledge or consent before kicking him out. As of now I can not see how/if she has filed anything for probate yet as LA County Wills and Probate will not check at all until after 30 days have passed. I do know however that she is already using a lawyer as yesterday he called that apartment complex the deceased I told them they had to send the deposit check to his mother and not me after the family had previously stated I should have it (should only be about $1000) for cleaning and taking care of everything after they got the belongs they wanted (which there wasn't much as he had to start over with almost nothing and was buying furniture from thrift stores) . The (ex)wife told his family that she would give them some of his belongings but that they would have to wait until she could get to them, despite her sending him a letter stating that she had packed up and moved all his belonging to the garage months before he passed away. I suspect that she is trying to stall the family until she can get the court to appoint her executor and sole beneficiary and then going to try to use the deposit being sent to his mother as the equivalent amount his mother is entitled to in attempt to keep all his belongings.If the (ex)wife does a spousal property petition and claims the house as part of joint ownership, can she used that to lower the value of his assets and claim it to be less than $150,000 to avoid probate (even if the house if valued around $450-500K and if she had previously stated his belongings were worth another $500K)? If she does to this then what recourse do we have? Can his mother or a sister petition to be the executor, even though they live out of state? If they are given some recourse can they grant his niece to do things on their behalf as she lives in the area, was the family member that was closest to him, and the only one besides myself that knew the circumstances of the divorce, will (as she was also told she was a beneficiary), and his life in general as the rest of family lives in different states? His mother is in her 70s, spending the winter in Florida, and has had several falls/concussions last year. Can we petition the (ex)wife to produce the will if she avoids probate and what is our recourse of she continues to deny its existance? The family is having to pay everything for his cremation and burial while she is claiming all his assets and enjoying the holidays with her boyfriend.We have a few more days until Wills & Probate will look to see if anything as been files, but I know that we may only have days or weeks to complete certain actions at that point so I want to know what we need to do or start planning for.I have been sending out requests to estate lawyers requesting if they have information of a will being produced for him, as this in the only recourse I currently have to locate any record of the will but so far have found nothing. I tried to get a full list from the LA and state bar for lawyers in the area as you suggested but it would only give me a list of three randomly selected each time; so I am having to use listings from the yellow pages. Unfortunately I know that I will likely end up contacting her lawyer as a result, which I know will cause the ex(wife) to react very negatively.

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Attorney2

Doctoral Degree

8,086 satisfied customers
SC Will. Deceased dies in SC. Current wife and deceased was

SC Will. Deceased dies in SC. Current wife and deceased was married 29 years at time of death. There is a Last Will and Testament specifically says "I leave my entire estate to my spouse". What is in the estate will be a house titled to both the deceased AND spouse (50/50). Vehicles that indicate on the title the deceased OR spouse. Bank accounts with both the deceased and spouse listed. Will also specifically indicates that the exclusion of any child who was born or adopted prior to the execution of this Will is intentional and any child so excluded is to receive no benefit under this will. Probate court indicated that the share the deceased has to go through probate in order to switch that portion to the spouse. The will has been witnessed and notarized.Here are the current issues:1) Ex wife and daughter from this previous relationship have decided to get an attorney to request an alleged amount of child support that the deceased owes from a what I assume to be a court order. (Deceased and ex wife divorced in SC, was married in Georgia I believe)2) Daughter from previous relationship is indicating that she has potential rights under the deceased state as a child.3) To my knowledge there was never any indication of back child support owed or anything indicating that deceased wasn't compliant.Questions I have:1) Is there a statute of limitations on this request for child support?2) If the spouse sell's the home her and the deceased shared, could the proceeds be jeopardized?3) With the will indicating that any child not listed has no right to the estate will this stand in court?4) How can we prove that this claim of child support is not legit? (the deceased paid obligations)5) What are some potential pitfalls with this scenario?Other information, the daughter from the previous marriage has been estranged for over 25 years.This daughter is in her late 40's.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,126 satisfied customers
Can personal effects be divided up from dad's house, per his

Can personal effects be divided up from dad's house, per his will, immediately after his death if all the heirs agree?

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Loren

Juris Doctor

41,260 satisfied customers
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