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Recent estate law questions
I am serving as executor and trustee estate of a close
I am serving as executor and trustee for the estate of a close friend. The will specifically excludes all family members, for reason personal to her. The family is now requesting a copy of the will be sent by registered mail. Am I required to send them a copy?
Former wife (KLR) died July 1, 2013. Her heirs in revocable
Former wife (KLR) died July 1, 2013. Her heirs in revocable trust and pour over will were our three children and one of our grandchildren. Documents very clearly stated that youngest daughter (KER), her mom's caregiver for two years, was to get the house, contents, car, personal property and $50,000 off the top with balance to be distributed 25% each to the four heirs. IRA with balance of nearly $1 was supposed to be transferred into trust before KLR's death. Did not get transferred due to poor health. After death both the trustee and the alternate trustee declined to serve. All heirs except son (EAR) approved an alternate trustee who was willing to accept the assignment. Son intervened and prevented appointment of alternative trustee again about 18 months later. On April 24, 2016 KER died intestate. She was the heir that was to have gotten the house, and who had lived in the house uncontested for the entirety of the almost three years since4 her mother's death. I am KER's sole heir. Had KLR's estate been settled when it should have been, the house would have flowed from Kristy's estate to me. In the meantime KLR's estates has not yet been settled. EAR is still unwilling to approve a trustee. Is it permissible for me (as KER's heir) to petition the court to assign the house to me?
Attorney At Law
Doctor of Law w/ highest honors
I have a general power of attorney, a revocable trust, a
I have a general power of attorney, a revocable trust, a last will and testament and a pour over will that were all drawn up in Florida where I lived at the time. Are these all good in Texas where I have moved to recently?
If the probate assets add to less than $150,000 (California
If the probate assets add to less than $150,000 (California Probate Code section 13100) a pour over will does not have to go through probate, therefore, my question is, if I want to keep a bank account jointly with an unrelated person, if I died, would half of the balance of that account would be considered part of my pour over will and go to my trust without probate? (lets say that half of balance would be less than $150K)
When my mom died my dad put everything in a revocable trust
When my mom died my dad put everything in a revocable trust with me and my son in control. Dad remarried and all the new properties he has been buying are family land and he tells his new wife now I'm buying this but it goes to my kids and the bank MAKES him put his new wife's name on the bank loan and they (the bank) will not put things in the trust like he asks. Now he is buying me a house which I'm going to turn around and put in my name once I sell the home I currently have. The bank says well do u want this in the trust and he says yes. Then they say well we have to put ur wife's name on this and we just won't put it in the trust right now 😡 Help!!! My question is why does the bank make him put her name on the loans and not put them in the trust? When u put things in a trust wouldn't u just be putting loans in his name ? I think they are trying to screw us.ThanksMandy
Atty with knowledge of Oklahoma trust law- I am a licensedView more estate law questions
Atty with knowledge of Oklahoma trust law- I am a licensed Texas atty and due to disability have a limited practice that now focuses on estate planning. I have decent software DL Drafting that works well for drafting Wills and separate module for Trust. I am trying to assist my parents who live in Oklahoma and draft an intervivos revocable trust. I was curious if any of you could recommend one site over another as far as being accurate, Rocket Lawyer, LegalZoom (seems expensive compared to others), etc as a good site to put together a trust, memorandum of same, pour over Will, durable POA's, etc.I have tried to review OS Section 60 as related to trust and don't see much difference in that and Texas. My other thought is to select Texas as choice of law and use my own software personalizing as needed. I know the rules on the unauthorized practice of law and other than my parents have no intention of providing legal services for others in Oklahoma. I asked a similar question before and Barrister mentioned using one of these sites so I thought I would survey others and see if I could find an atty knowledgeable as to Oklahoma law and then as to any of these sites. If you are like me you advise people to use an attorney so they get things right and I understand, but my parents simply don't have much of an estate other than a home and lake home and 3 living children that get along with each other. I also know you see the worst of people at divorce and probate I am simply trying to find best means to help parents avoid Oklahoma probate while still maintaining control themselves until that time comes.