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

Recent Probate Assets questions

My ex-wife is 79 and I am 84. we were married 7 yrs before

My ex-wife is 79 and I am 84. we were married 7 yrs before divorce. We both have individual homes paid in full before our 1st. marriage with no debt at all. We have individual wills made out now only to our individual children whom are all above 40 plus yrs old from our prior husbands/wives. We do not have any children together.If we marry again now and one of us die about one yr. later. How does that affect our present individual wills if we do not make any future wills.?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,302 satisfied customers
This question is for legal gems or an Ohio trust/ probate

This question is for legal gems or an Ohio trust/ probate lawyer . Summary; I am remainder beneficiary , not successor beneficiary. Mom passed ; 1) house was sold prior to passing ; founder of law firm family bought the house in cash; secret negotiations and contracts; will says house and other assets could be sold; 2) I could not come up with cash to buy mom house 3)house never went thru real estate person; potential conflict of interest ; 4) contents in storage could theoretically be sold 5) people now not moving in house they wanted to buy urgently ; now for sale by owner, don't know how much stuff appraised for; what has been spent; what goes to who; nor have received trust copy , what assets there are , or breakdown of what spent 7) initially lawyer had control of contents of house, personal items in storage , bank accounts , etc: some things did not get paid in timely manner by lawyer when mom alive ( insurance; bills . Etc) so trust took over 8) got notice mom stuff in probate with same lawyer; he gets % of assets: trustee appointed Q-why would mom assets go to probate when there is living trust ? Q-theoretically I could buy mom assets and they said I could get a few items 3) lawyer recently had house keys and did inventory before sold and has keys to storage 4) it could take months for this to sort out 5) can I get an independent trust attorney to review this? Thanks

Read more

LegalGems

Juris Doctorate

13,532 satisfied customers
My mother passed away on July 2nd of this year. She has a

Hello! My mother passed away on July 2nd of this year. She has a property that she had done a Transfer of deed upon death. This went to me along with the mortgage on it. She also named my brother and I beneficiary's on her 401k. The only other things that she owns is her household furniture,clothing,a lawn mower,pots pans ect. She had a credit card bill of about $9500.00. Is that something that I have to pay? I've been told no by a few people but I'm not sure. Can you help me please? Thank you! Carrie

Read more

LegalGems

Juris Doctorate

13,532 satisfied customers
I don't know if this is a criminal law ques. S.C. Prior to

I don't know if this is a criminal law ques.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: S.C.JA: Have you talked to a lawyer yet?Customer: Prior to my ex's death, he owed me alimony and also dividends from a trust. I filed claims in Probate Ct.as a Judgment Creditor vs. his estate.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: S. CarolinaJA: Anything else you think the lawyer should know?Customer: Do I also need to file a motion to show cause with the judge in family ct. in order to be reimbursed for costs incurred in attempting to collect? How does his death affect my possibility of collecting? The amt. i am owed is more than the probate assets and of course I am low on the totem pole after atty costs, funeral costs, etc. Our marital assets are all in trusts.

Read more

Maverick

Doctoral Degree

6,340 satisfied customers
I am my sister's beneficiary on her life insurance policy,

I am my sister's beneficiary on her life insurance policy, but her husband has filed a claim for the insurance money. They do not live in a community property state.The insurance company sent a letter telling me that another claim has been filed and that they are withholding payment to me, the benefactor on record, "for a reasonable amount of time to permit the competing party to take any action they may deem necessary to protect their interest. We have asked the other party to contact us within 30 days to advise of their decision. We will contact you at that time with our intended action. We will ask the court to reimburse legal fees to the company if we are forced to interplead the funds in order to resolve this dispute."My brother-in-law is claiming he has document that my sister signed from the insurance company with him as the benefactor. The insurance company said they do not have that document and as far as they are concerned I am the benefactor.First, why are they withholding money to the me, the designated benefactor? My understanding is that they would pay me, and if my sister's husband has an issue, it would be between him and the insurance company.Second, what does it mean they would ask the court to reimburse legal fees if forced to interplead? And, who would pay those fees?Finally, without a crystal ball, could this be tied up in court and what is the likelihood that any money would go to my brother-in-law, which my sister obviously did not want to happen.Thanks in advance for your feedback.

Read more

Damien Bosco

Attorney

Doctoral Degree

2,740 satisfied customers
I am the sole beneficiary of an estate. The deceased owned

I am the sole beneficiary of an estate. The deceased owned 8/9 shares of land with no house on the property. During Probate of the estate does the property need to be appraised if the 8/9 shares are getting transferred to the beneficiary? Can they just use the taxed value?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,302 satisfied customers
Is the executor of a will required to notify heirs of

Is the executor of a will required to notify heirs of account of bank assets & appraisal of home of deceased before listing the home for sale?

Read more

ScottyMacEsq

Doctoral Degree

22,520 satisfied customers
I was POA of my mother's Will. I went to a lawyer to assist

I was POA of my mother's Will. I went to a lawyer to assist me with how to sell her property once she passed. He put the Will in a Trust so that I would be able to sell the property. She passed in May, sold the property in October. I would like to give the shares of the proceeds of the Trust as according to the Will. By putting this in the Trust I was under the impression this held it out of probate. Do I have to open probate or file anything in the newspaper about her passing. I live in Michigan.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,302 satisfied customers
My husband of 45+ years passed away 3 years ago we had 1

My husband of 45+ years passed away 3 years ago we had 1 child from our marriage, but he 3 children from a previous marriage. Are they entitled to anything? and am I legally required to go to court?

Read more

Loren

Juris Doctor

36,276 satisfied customers
View more estate law questions
In The News