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Recent Inheritance Law questions

My 3 children received $100,000.00 to split from the sale of

My 3 children received $100,000.00 to split from the sale of a home in Bolivia. They received the part that their father would have gotten but he is deceased. There really isn't any paperwork, the money came in cash and was deposited in a savings account in November of last year. They don't know what their responsibility is as far as taxes are concerned. They did not claim the money on their 2015 taxes, so they would have to file an amendment. Is this inheritance or just income. Do they owe Federal and State?

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Damien Bosco

Attorney

Doctoral Degree

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My father and step mother had a family trust before he died

My father and step mother had a family trust before he died 9 years ago. I just found out via A random look at Facebook that my step mother pasted away last year and her d aughtJA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: daughter never let me know, I have been sending holiday cards and nothing was said, is it possible they changed the trust to exclude me after my fathers death.JA: OK. The Estate Lawyer will need to help you with this. Is there anything else the Estate Lawyer should be aware of?Customer: Do I have any recourse if the trust was changed after my fathers death ... There house was paid off with a value under $600,000,JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: I would like to know who much it would be to answer my question.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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Inheritance Law. State of Michigan. My mother died. We

Inheritance Law. State of Michigan.My mother died. We discovered she had unclaimed funds with the state of michigan. They asked us to appoint a trustee to distribute the funds to the family. My sister acted as the trustee. However, when it was time to send the money ($7,200). The state garnished the money because my sister owed the state some money. The paperwork clearly listed three heirs(my mother's 3 living children). and we were required to indicate heir addresses, percentage to go to each heir, proof of relationship,etc. My question is the following? Does the state have the right to take the entire amount when my sister was not entitled to the entire amount. She was only entitled to 1/3 of the 7,200. There was no will or estate established. So, the money was to be split amongst the 3 remaining children. My sister was only serving as trustee, and signed an affidavit to disseminate the money.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,342 satisfied customers
There were 3 kids in the trust. The other 2 received all

There were 3 kids in the trust. The other 2 received all their money in the trust at the time of the parents death with the exception of my deceased wife of 42 years..their will stated that at the death of the trust owners the trust was to end. But they still still can evict me even though it was bought with my deceased wife's money from her trust.We were married 41 years. Heck in Texas if people get a divorce they get half of everything. I am only concern for my 16 year old grandson that we were raising and I am still raising. Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,342 satisfied customers
We are currently reviewing our estate plans. My husband is

Hello. We are currently reviewing our estate plans. My husband is sole shareholder of an S Corp, and we are wondering how it is handled in the event of his death. Thank you!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,342 satisfied customers
My wife and I have not lived together year 8 months. We are

My wife and I have not lived together for 1 year 8 months. We are possibly heading for legal separation, even though we have been separated for some time now, and possible divorce down the line. In March of 2014, my wife walked out on me, without my consent, and left when I was between jobs. Montgomery County law describes this as abandonment. It took me 6 months to find a job and during that 6 months I fell into heavy debt and my credit score plummeted from 760 to 430.My question pertains to inheritance laws. I live in Montgomery county, MD and my father passed away March 17, 2015 in Cabell County, WV (386 miles away from my residence in Md). I was named the sole heir in his estate due to being his only child. In the state of WV, the inheritance law states that the inheritance is the heir's alone and cannot be "attacked" by a partner in divorce court.I was named executor of the will and I was sworn in as executor of the estate at the probate office in Cabell County WV. It took me 6 months to close the estate and now I am back in Montgonery County Md full time.My father owned a house in Montgomery County MD that he willed to me, in addition to stocks and an IRA.My wife has threatened to sue me on multiple occasions for half the value in the Md house, sighting she has rights as a wife, even though she makes 80k a year and I haven't worked full time since my father's passing. I have literally made under 10k this year. I was only able to settle my father's estate due to a 60k life insurance check, which was used to pay off his debts, update the WV house, and out on the market to sell. I am currently carrying the mortgage of $1300 a month on that house in WV.Am I protected under the WV law on inheritance or am I subject to the laws of Montgomery County MD, even though my dads will was processed in WV and he was living there at the time of his death?Sorry for the long drawn out explanation but I felt I needed to spell out all the details.

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LegalGems

Juris Doctorate

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My husband died 6/28/15 and I as his wife inherited everything

My husband died 6/28/15 and I as his wife inherited everything according to the will. His two sons from a previous marriage are listed on two different bank accounts as co-owners and even though they are not taking any cash out, they are being charged inheritance taxes. Doesn't the will supercede any of this? They both refuse to take any money from these accounts and our attorney says the estate will pay the taxes. If they pay the taxes have to be paid now, will they be hit again when I pass?

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Christopher B, Esq

Attorney

Juris Doctor

5,070 satisfied customers
My 17 year old daughter's father passed away 2 days ago.

Hi. My 17 year old daughter's father passed away 2 days ago. She is his only descendent. Right now, his brother is living in the house he owns and it is paid for. His brother is mildly mentally disabled, so a cousin is directing him in making funeral arrangements, etc. He should have other assets as well. Possibly a 401K or Retirement acct, a car, a college fund for our daughter and a life insurance policy. According to what I read for Indiana Inheritance Law, my daughter is entitled to his entire estate. Is this correct? And do I need to obtain a lawyer to protect her interests?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,342 satisfied customers
I am a playwright and have a question about inheritance law

I am a playwright and have a question about inheritance law in the U.S. (In Great Britain, primogeniture keeps power in the hands of the eldest son, so that estates are not subdivided.) What is the inheritance law in the United States of America, and what is its purpose?

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Damien Bosco

Attorney

Doctoral Degree

2,764 satisfied customers
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