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Recent estate law questions
May the court appointed administrator of an West Virginia
May the court appointed administrator of an West Virginia estate without a will sell the decedents home? Property owned by the decedent only. Only living blood relative is a 93 yr old cousin. Does the administrator of the estate need a specific power of attorney from the cousin to sign the sales contract and sell the home?
I am conservator and trustee on my grandmothers living trust
I am conservator and trustee on my grandmothers living trust she is currently in hospice. I am also beneficiary of her trust. I had a very mild stroke last week, since a i am the only living trustee, is appropriate that i appoint an sucessor trustee in the event i am unable to continue in this duty. my mother was the trustee until she passed away 10 years ago.
My husband recently died and names me as Administer (and primary
My husband recently died and names me as Administer (and primary heir). What is necessary to record this appointment? We own our home outright and only have small consumer debt which is paid off fully each month. My problem is in filing for his benefits - i.e., military retirement, savings, etc., I am required to name the administrator approved by a court...he did not want to probate the will. How do I formalize being the administrator?
I'm in NY . I bought my home from my mother. The deed was only
I'm in NY . I bought my home from my mother. The deed was only in her name although she and my father lived in the home together for 40 years.The property is tax acessed for $300,000I bought 50% in 2008 which I paid via means of the addition I built onto home which I live in.In 2013 i bought the entire home for 30,000. Which my mom held mortgage for.My mom passed away in Augusr 2015.She has a will. Do no know whats in. Just jewlery and maybe 20,000 life ins policy.My father survives in the same house, separate living quarters.I have bad relationship with him. He wont let me maintain property.I was told that he could exercize his right of election and claim testamentary subtitutes and get 1/3 of the value of the property.Is this trueIf so, who appraises the house?Cant they force the sale of the house?I do not qualify for a mortgage and do not have any money to pay him.I also want him out because he torments me.Is it better if i start probate or let him.Thus far there has only been threats to reverse deed, and some family court stuff.I have been paying the property taxes since 2008, and a mortgage since 2013.What can my father claim?
In New York State on 12/30/2003 the grantor (in her will )
In New York State on 12/30/2003 the grantor (in her will ) established The C.M Irrevocable Trust.On April 22, 2012 the grantor updated her will in which she used the exercise of special power of appointment to change the beneficiaries as well as the trustees.Again on July 23, 2013 in her revised/updated will the grantor again changed the beneficiaries as well as the trustees of the C.M. Irrevocable Trust by Exercise of Power of Appointment.Are the original trustee and beneficiaries the current responsible parties or do the changes made in 2012 and 2013 negate the originals? If so, who are currently the responsible trustees and beneficiaries? Those noted in the 2012 change or those indicated in the 2013 update?
I am a co-trustee and a beneficiary of a Nevada inter-vivos
I am a co-trustee and a beneficiary of a Nevada inter-vivos trust. Both trustors have died. My fellow trustee has petitioned a Nevada court to take in rem jurisdiction of the trust. The initial hearing is scheduled for April 15th. Is there a specific period of tome (e.g 10 days) prior to the hearing when I must receive a copy of the filed Petition?ThanksJim
My husband passed away recently. He used to buy a
For Ely, my husband passed away recently. He used to buy a life insurance policy in 1984. He put his ex-wife as primary beneficiary. And his sons second beneficiary. Unfortunately they divorced in 1994. Now his ex-wife made a claim to this life insurance. Will this divorce revoke her to claim? Will I be able to claim any portion of it? Thank you.
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My uncle left 1/3 of his trust to a small catholic parish in
my uncle left 1/3 of his trust to a small catholic parish in iowa. the amount is around $75,000. my aunt and mother are recommending $25K to the parish in Iowa, $25K to my uncle's local parish, and $25K to a catholic charity that helps the needy. my aunt and mother are the 2 beneficiaries along with the parish in iowa. i am the trustee. can i make theses changes that my mom and aunt are recommending.
My late husband had a trust. Although I am a beneficiary, IView more estate law questions
My late husband had a trust. Although I am a beneficiary, I am not a trustee. His trust states that . . . including any interest and penalties thereon ("death taxes"), that become payable by reason of my death, whether in respect of property passing under this Trust Agreement or otherwise, shall be paid out of the residue of my probate estate, or if there is no probate estate, out of the residue of this Trust, without reimbursement from the recipients and without apportionment, except that:(1) Any tax on property over which I have a general power of appointment shall be recovered from the person receiving such property to the extent provided for in __2207 of the Internal Revenue Code of 1986, as amended (the "Code").(2) Any tax on any property that is included in my gross estate by reason of __2036 of the Code, shall be recovered from the person receiving such property to the extent provided for in _2207B of the Code.(3) Any additional tax on special-use valuation property under _2032A(c) of the Code shall be paid by the "qualified heir" as provided therein.(4) Any tax on life insurance included in my gross estate shall be recovered from the person receiving such property to the extent provided for in _2206 of the Code.(5) Any death taxes on property not passing under either this Trust or my will that exceed the total of both the residue of my estate and of this Trust shall not be paid out of my probate estate or this Trust, but shall be apportioned in the manner provided by law.(b) Trust Takes Precedence. The provisions of this Trust, as amended, as to the source of payment of death taxes, expenses of last illness and funeral, debts, and expenses of administration resulting from my death, all as defined in this Section 7.1, shall take precedence over the provisions of my will if the provisions of such will are inconsistent with the provisions of this Section.(c) Expenses, Debts and Claims. In addition, the Trustee shall pay out of this trust expenses of my last illness and funeral costs and expenses, including professional fees necessary to administer and settle my estate, whether subject to probate or not; and my just debts and claims (but the Trustee need not discharge and may defer payment of obligations not yet due), except that disbursements shall be made for the purposes stated in this paragraph only to the extent that the property of my probate estate is, in the sole discretion of the Trustee, insufficient or not reasonably available for such purposes.THE FOLLOWING IS IN THE WILLPayment of Taxes. All estate, inheritance, and other death taxes (including interest and penalties) payable by reason of my death shall be paid in accordance with the terms of the____Trust. The terms of such Trust shall control the payment of such taxes. If for any reason my Trust is no longer in existence, all taxes shall be apportioned in accordance with the ___Uniform Estate Tax Apportionment Act and the applicable provisions of the Internal Revenue Code of 1986, as amended.Based on what you have read, is there any indication that a beneficiary who is not a trustee would be responsible for the payment of estate taxes?