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Recent estate law questions

My brother had no will nor a living trust. He passed away in

My brother had no will nor a living trust. He passed away in February of this year and he had my name on his checking account and on his cd as beneficiary upon his death. His cd was$109,000.00 and his cash in his checking was $38,000. Do I have to claim this to the IRS and do I have to pay taxes on this gift? I am disabled, retired and 69. I live on a fixed income and I used the money to purchase a home fully paid for in cash.

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LegalGems

Juris Doctorate

 
12,296 satisfied customers
I manage a social security representative payee account dad.

I manage a social security representative payee account for my dad. I want the funds to pass to my mom's hands without the funds going through probate. Can I just list my mom as a beneficiary on the account payable on death? The bank is saying that I can't list a payable on death beneficiary to a rep payee account but I don't see any legal reason for that.

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Dwayne B.

Juris Doctor

 
34,012 satisfied customers
Can a trustee who is beneficiary on the grantors bank acct

can a trustee who is beneficiary on the grantors bank acct let the money go into the trust instead of taking it himself ? will the bank allow that ? or can the trustee just change the acct over to the trust acct

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LegalGems

Juris Doctorate

 
12,296 satisfied customers
I NEED A SECOND OPINION

I NEED A SECOND OPINION

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Dwayne B.

Juris Doctor

 
34,012 satisfied customers
My mother passed and left a bank account with a savings and

My mother passed and left a bank account with a savings and a checking. The savings account has a POD beneficiary: my brother. My brother is missing and has been for a while. If and when the money is turned over to the state from the bank as unclaimed property, will the property be under my mother's name (original account holder) or under my brother's name (POD beneficiary)?Thank you.

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Loren

Juris Doctor

 
34,688 satisfied customers
It is my understanding that once someone is POD they not

It is my understanding that once someone is POD they not only inherite funds but property as well! If this is correct my question to you is prior to my fiancés passing I was his power of attorney during that time an agreement was made to settle unpaid taxes on 1 of his properties via payment plan. Power of attorney has now ceased what do I do regarding the payment plan I can not pay the taxes because my name is ***** ***** the home as of yet but if I don't honor the payment agreement the home will go into a lean what's your advice!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
My dad died 2 weeks ago. He owes about 21,000 in debt that I

My dad died 2 weeks ago. He owes about 21,000 in debt that I know of. He owns no property, but has a house full of stuff. There are two children and one grandchild. Should we clean out the house? send it to probate?

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Loren

Juris Doctor

 
34,688 satisfied customers
Trying to close husbands checking account which I am beneficiary

trying to close husbands checking account which I am beneficiary and he passed away on Mar 31. I have given Death Certificate/ Would like to stop getting emails as they will not clear checks. Hand written will just covering bases no funeral service house and belongings fall into my owenership as he dictates. We lived here married for 26years. No other assests. 200.00 in account do not want to make a big deal of this.JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Estate Lawyer can help you best. Is there anything else important you think the Estate Lawyer should know?Customer: The Holographic will replaced a detailed will my neice an attorney in VA drew up as an emergency when he broke his neck but we no longer have the life ins and stock etc.... So complex will is not required just our home and 1 car. We had the house in our name. He was hospitalized and passed in the hospitalJA: 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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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
My father-in-law passed away in NC in January. My husband

My father-in-law passed away in NC in January. My husband is the Executor of the Estate. He had a Will and it has been entered into the Probate process. All debts have been paid and we are ready to file the Final Accounting and close it. There is one heir besides my husband, his brother. They have divided the personal property but the brother refuses to sign the Release so we can close. What are our options at this point?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,800 satisfied customers
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