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Recent Avoiding Probate questions

My mother died recently. She left a will and a trust, and I

My mother died recently. She left a will and a trust, and I am the executor. Her death was a wrongful death and a medical malpractice attorney has investigated and accepted the case. They suggested that my sister file the wrongful death paperwork, since I am very busy with the trust administration. But after reading the info in this forum, I'm wondering about their advice.I have been reading the FAQs about Wrongful Death lawsuits and I have a couple of questions.Question 1: I read this in the JustAnswer Frequently Asked Questions:In the event of a wrongful death suit, or some Litigation which occurs on behalf of a decedent, would the suit be most likely filed on behalf of the estate of the decedent or can a child file a suit for their own benefit?The wrongful death lawsuit would be filed by the estate. Many times the child is granted executor of the estate. This should be filed while the estate is open. Typically the damages an individual files suit for include pain and suffering along with punitive damages. Often the costs and legal fees are also included.QUESTION: I don't understand what "by the estate while it is open" means. We are currently distributing the assets of the trust. Does distributing the assets have anything to do with keeping the trust open - can I complete splitting the assets or should I stop this to keep the estate open?QUESTION 2: I also read the following: In a wrongful death claim does probate have to be opened and who gets the wrongful death settlement funds?The executor of the estate is the only person that has the legal standing to bring a wrongful death action. With that being said probate will have to be opened in order to file a wrongful death claim. Distribution of the wrongful death settlement will depend upon certain factors and the specifics of the wrongful death case.Does this mean that only me - not my sister can file the wrongful death claim? And what does "probate will have to be opened" mean? By using the trust, we are avoiding probate, right?Your expertise is very appreciated!

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jb156200

Associate Attorney

Doctoral Degree

184 satisfied customers
If you add your executor to your banking accounts & added to

If you add your executor to your banking accounts & added to the title of home do you need anything more than a durable power of attorney?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
My mother remarried after my dad died. Their estate is small

My mother remarried after my dad died. Their estate is small with a house and few belongings. They both had wills. Her new spouse also has a house and children. My mother has cancer and doesn't have long. What can we do now to make the process easier for both of them and us after she dies? I couldn't get them to do a prenump before they married so I want to make this as painless as possible since I will be the executrix of her estate. Any suggestions? I don't think they will be claiming each other's prior properties and they haven't bought anything together. We are in Texas.JA: What documents or supporting evidence do you have?Customer: Only wills at this point.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so. I handled an estate once of a friend with the help of a lawyer. I just want to make sure I get this correct without a lawyer. I have not done anything with Dad's will yet. He died 11 months ago.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,202 satisfied customers
A property held in a living trust is to be given to me upon

a property held in a living trust is to be given to me upon that persons demise, we are both same sex and he wished is to be transferred with minimal amount of taxes hassle ect, He has offered to deed or gift me the property now however I do not know if that is the best option. I thought about changing it to joint tenancy with both his and my trust. is this the best option to avoid excessive taxes and make a seamless transition

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Richard

Owner

Doctoral Degree

47,072 satisfied customers
My father passed away, he had a trust, i am the trustee and

My father passed away, he had a trust, i am the trustee and also the benefiaryJA: Because laws vary from state to state, could you tell me what state is this in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: he has 2 properties, one of them i have a 30% interest and cash in 2 bank accts, everything is on the name of the trust

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Loren

Juris Doctor

37,154 satisfied customers
In Oklahoma, is there an estate amount limit for filing

In Oklahoma, is there an estate amount limit for filing affidavit for heirship. How soon after filing affidavit for heirship can I sell a house? My dad passed away with no will about a month ago, there are 5 children, mother is deceased, and we are all in agreement to sale the house and split the proceeds. There are no liens, no outstanding tax other than this year. We have someone willing to pay $30,000 for the house. There is no savings, stocks, or anything like that, just the house.

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Alex Esquire

Managing Attorney

Doctoral Degree

22,112 satisfied customers
Received parents house through beneficiary deed in Az. House

Received parents house through beneficiary deed in Az. House sold, medical bills being received for portion not paid by ins. Last parent to pass was living solely on small social security. Do proceeds from house sale have to be used to pay medicals? Funeral expenses had to be paid by beneficiary daughters out of pocket as no income or monies left by parent. Can we simply advise of parent's demise and no estate or do we have to pay?

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RayAnswers

Lawyer

Doctoral Degree

35,872 satisfied customers
My dad died in 2001 there was a will but to avoid probate my

my dad died in 2001 there was a will but to avoid probate my dad gave right of survivior of his house to oldest brother because of this brother will not divide any income from property rented (3 b 2b) house and i dont think he has switched house into his name wondering if i have any recourse

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Loren

Juris Doctor

37,154 satisfied customers
Have a revocable trust with a pour over will. The will and

Have a revocable trust with a pour over will. The will and trust were done in Florida, but moved to Connecticut. All is still the same, but since the will was done in Florida will it need to be redone in Conn. It is just a pour over will so will it really matter if left alone?

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J. Warren

Attorney

Doctoral Degree

4,156 satisfied customers
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