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Recent Instate Succession questions

If a spouse passes away and there is 300 acres of property

If a spouse passes away and there is 300 acres of property but was not in the survivors name and was not mentioned in a will, what happens with the property? Does it go to the estate?

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Christopher B, Esq

Attorney

Juris Doctor

6,160 satisfied customers
How should it take to get paid after selling a house that

How long should it take to get paid after selling a house that requires going thru probate court ?

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LegalGems

Juris Doctorate

18,990 satisfied customers
Second opinion] I am concerned about my fathers ability to

second opinion] I am concerned about my fathers ability to make financial and medical decisions. He has not been diagnosed with any medical or mental illnesses, however he is getting older and having a hard time remembering things. For this reason I would like to establish power of attorney for my father. He has agreed for my sister and I both to have power of attorney, however he does not want to fill out any of the paperwork. Can I complete the paperwork for him and have him sign the documents when needed?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
I had my house in a trust and then had to take it out of the

I had my house in a trust and then had to take it out of the trust to get a loan. I am not sure if it was put back into the trust.How can I check with the city to see if my house is bank into the trust or not?What is difference between a Quitclaim Deed and Grant Deed?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,072 satisfied customers
If I put my house into a trust and I get sued by someone,

If I put my house into a trust and I get sued by someone, can they put a lien on my house?

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Loren

Juris Doctor

44,870 satisfied customers
I have 2 questions concerning my father's estate. My father

I have 2 questions concerning my father's estate. My father passed away. Right before he did, my step-brother coerced him into taking my mother off the life ins policy and naming my step-brother beneficiary instead. After he died, my brother ordered copies of his death certificate and literally made off with all Dad's assets. We could not understand how...then we saw the death certificate. Apparently, my step-brother went to the courthouse and listed my mother as "deceased" and himself as next of kin. So there is one issue. Does my mom have any legal recourse? This happened a little over a year ago. Would criminal charges be filed for fraud or falsification? And here is the other question. My dad had a self-directed IRA of $29,500 that had my mother as beneficiary. My brother could not get this. My dad hadinvested the IRA into a failing hotel with other investors. The hotel foreclosed. The servicer of the loan is now trying to sell the hotel. The investors, my dad included, will recoup at least some of their investment. I am dealing with both the servicer of the loan as well as the trust co. the IRA was with. They both have strict regulations. I was told when my mom passes, if the hotel has not yet sold (it could take a while) that even though I am POA for my mom while she is living (she has mild dementia) whatever she would get back from the sale of the hotel would go to her estate and we'd likely never see it. This is the only thing my step-brother didn't take. I do not know how to protect this asset in the event of my mom's death. Her health is fragile. They told me I could not be named as beneficiary by my mother because she herself is the beneficiary. There's no estate, only this. Please advise and thank you!JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: NC no paperwork aside from POAJA: Has anything been filed or reported?Customer: No not sure how to proceedJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LegalGems

Juris Doctorate

18,990 satisfied customers
My father passed away and I found out the 7 weeks prior to

My father passed away and I found out the 7 weeks prior to his passing one of my sister's name was added as the beneficiary to his 401K bank and brokerage account. My father was not in his right state of mind prior to his passing because he died of chronic alcoholism. I was the only sibling trying my take care of him, can I challenge this issue in court, his estate is over $200,000JA: Since laws vary from place to place, what state is this in?Customer: New York, NYJA: Has anything been filed or reported?Customer: I filed documents in probate court and I served my 3 siblings citations , I have temporary administrator of the estates and is scheduled to go to court on June 9th 2017JA: Anything else you want the lawyer to know before I connect you?Customer: Yes that I went to the bank and was informed that the name of my sister was added 7 weeks before he died and I would like to challenge it.

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Expert James

Doctoral Degree

16,760 satisfied customers
Maybe, my husband passed 12/23/16. He has 2 children from a

Maybe, my husband passed don 12/23/16. He has 2 children from a previous marriage, but he has no contact with them. He went to court and gave up his parental rights years ago. We don't even know where they are at. We have no children, so it's just me. He had no will and I just went through bankruptcy and it will be discharged in July. I'm in the process of selling the house. We have several people who placed a bid. My Realtor wants to know about the probate. I never contacted a lawyer because he had nothing and of course no money. What do I need to do?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: WashingtonJA: What documents or supporting evidence do you have?Customer: About his death?JA: Anything else you want the lawyer to know before I connect you?Customer: I have the death certification and paperwork from the court case concerning the kids.

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Expert James

Doctoral Degree

16,760 satisfied customers
My husband parents put their home into a living trust. Then

My husband parents put their home into a living trust. Then when his father hand wrote a letter giving his portion to the house to him upon his death. His father died 5 years ago. Now his mother is selling the house and wants to give 1/2 of the house to him. My question is: With the house increased in value after owning it for 50 years by $500,000, should we fill the 1099 in his mothers name or both his mother and his name. Who would pay the real estate tax on the increase over 250,000?JA: Estate laws vary by state. What state are you in?Customer: We are in TX but his mother is in CA and is moving to TX.JA: What documents or supporting evidence do you have?Customer: We have the original living trust and the letter giving my husband his half.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, should the accounts the money is going into be part of the trust, and should escrow pay out 1 check to my husband and 1 to his mother. His mother is going to give his half anyway.

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