Join the 9 million people who found a smarter way to get Expert help

Recent Probate Assets questions

Asking for my mother in law: Her partner, whom she has been

Asking for my mother in law: Her partner, whom she has been with 12 years is in hospice. He has her named as executor on his will for everything. The house and cars are paid off, and he owes around 20k or so in ccs. We are in the process of helping her to clean up the house, as her plan is to sell it and move in with us. Her name is ***** ***** deed and the intention was that the house would be hers to sell once he passed.Now we are looking up laws, and read something about a probate assigning an executor, and something about 6 months for selling a house and then the executor gets 5%??We are all incredibly confused, during this very difficult time. She is wanting to sell as soon as possible, pay off his CCs and put that money toward building another home. Can you tell us what we need to be doing, what to expect?Since her name is ***** ***** deed, and she is executor, will she be able to sell the house and receive all money? And does she need to wait 6 mths??ALSO, there is a son. He hasn't spoken to his father (the one in hospice) in over 30 years. Is the son able to somehow come and make waves? He was left $1 on the will. That is all.

Read more

RobertJDFL

Attorney

Juris Doctorate

15,310 satisfied customers
I hope so. My father passed away in 1999. My mother just

I hope so. My father passed away in 1999. My mother just past on May 16th. They have a living trust in which I currently a trustee along with my mother. I also have power of attorney and have been handing her finances for the pasts 3 years. The house, Wells Fargo bank accounts and her investment accounts all are under the trust.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: I am not sure what steps I need to do next. I understand I need to contact SS and her insurance policies. I am in OregonJA: Has anything been filed or reported?Customer: Other than the death certificates in my possession, no.JA: Anything else you want the lawyer to know before I connect you?Customer: I have 2 sisters and one brother to divide the assets equally according to the will.

Read more

RayAnswers

Lawyer

Doctoral Degree

45,176 satisfied customers
L RECEIVED a lawyer letter from my stepson stating he is

l RECEIVED a lawyer letter from my stepson stating he is entitle to 1/3 of my husband estate. It seems when my husband got a divorse he signed a paper stating he would give him 1/3 of the estaqte. Everything we had was in joint names and my husbands will states everything goes to me. my question can stepson touch money in joint name. nobody seems to know the Florida law regarding this matter.JA: What documents or supporting evidence do you have?Customer: l have a copy of the divorce which was in 1964 that states that. However doesnt a new will go over this old contract. My stepson is now 52 yrs. oldJA: Anything else you want the lawyer to know before I connect you?Customer: no

Read more

Loren

Juris Doctor

45,990 satisfied customers
Is the state of Pennsylvania allowed to take a life

is the state of Pennsylvania allowed to take a life insurance policy that has listed children as beneficiaries if she was in a nursing home at the time of her death on Medicaid and Medicare?

Read more

Loren

Juris Doctor

45,990 satisfied customers
This is an Estate Law question. I found the following

This is an Estate Law question.I found the following statement from a law firm. Is this true?"A revocable trust avoids probate by effecting the transfer of assets during your lifetime to the trustee. This avoids the need to use the probate process to make the transfer after your death. The trustee has immediate authority to manage the trust assets at your death; appointment by the court is not necessary.The “funding” of a revocable trust is critical to successfully avoid probate. Those persons who do not fully fund their trusts often need both a probate administration for the non-trust assets as well as a trust administration to completely distribute the assets. Because the revocable trust may not completely avoid probate, a simple “pour over” will is needed to transfer any probate assets to the trust after death. "

Read more

RayAnswers

Lawyer

Doctoral Degree

45,176 satisfied customers
A family member just became aware of unclaimed funds from

A family member just became aware of unclaimed funds from Massachusetts. The "life insurance proceeds" lists the family member and his deceased father as owners. They are asking for a death cert. assignment of heirs, etc if an owner is deceased. The father remarried later in life and the new wife refused the father's children any claim to his estate (via a threat of endless legal action in FL) at the time of his death. He doesn't know if the life insurance policy is from his Mother, who died more than 46 years ago, or possibly the Father, who passed in 2000. There is also a "stock liquidation proceeds" account listed in the Father's name only. Can you tell me how these funds would be considered legally? Thanks so much, Sue

Read more

Irwin Law

Juris Doctor JD

10,074 satisfied customers
My father passed away. He left everything to me in his Will

Hi, my father passed away. He left everything to me in his Will and listed me as the sole beneficiary on all his accounts. However, he did not have a beneficiary listed on his life insurance through work, but they have me listed on everything else. He does not have a wife or any other children. The company sent me an affidavit to fill out and said it's not a problem. However, my problem/question is he never legally adopted me, he only changed my name as an infant (I'm now 34). Will the company still give me the life insurance policy? Does it have to go through probate? Nothing else will have to go through probate, but it is a policy for $50,000, which I understand would be "full estate." Thank you for your help!JA: Estate laws vary by state. What state are you in?Customer: MissouriJA: What documents or supporting evidence do you have?Customer: I have the death certificate and the Will. I was the Power of Attorney, but I know that goes away when someone passes.JA: Anything else you want the lawyer to know before I connect you?Customer: I believe that's it. Thank you.

Read more

Loren

Juris Doctor

45,990 satisfied customers
In Tennessee, is a deceased person's Disability Trust that

In Tennessee, is a deceased person's Disability Trust that has a beneficiary considered an asset which needs to go through probate? Is it counted as an asset for Tennessee's small estate limit or is it like a life insurance policy and not counted as an asset for small estate limit?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,864 satisfied customers
When my mother passed away she left a will for me and my

Hi. When my mother passed away she left a will for me and my brother. My Dad has already passed so her will was in effect. In the will, she left nothing to my brother as he was seriously ill and died a few months after her death. The will specifically states that he was excluded to inherit anything. My mother had an annuity and when they closed it out both my brother and myself were on as beneficiaries. My brother knew what my mother had in her will and did not want any of the annuity. The will is very clear. **** My question is, the money is still there at the company. Since the will states he is not entitled to anything can I send them a copy of the will and the other 1/2 be distributed to me as her heir. Will the annuity company honor the wills request and serve as proof for my request? Thank you for your help.

Read more

Loren

Juris Doctor

45,990 satisfied customers
View more estate law questions
In The News