I was divorced in Dec. 2015 and all my ex-wifes assets
I was divorced in Dec. 2015 and all my ex-wifes assets belong to her, however , she never changed the beneficiary on her brokerage accounts(retirement, IRA and Roth) and was asked by her financial advisor to change beneficiary and she said no. She passed away in March 2016 and now the accounts are disputed in the estate. I was told that in FLA. law that the divorce agreement stands and I have no claim to the assets even though she refused to change beneficiary. Should I fight the claim over $29000.00?
Q & A from 02 December 2016 03:58 Q2. Would that be, in
For Ray Answers:Q & A from 02 December 2016 03:58Q2. Would that be, in reality, suing the beneficiaries of the NON-probate assets?A2. Yes such a suit would be by the personal representative on behalf of the estate seeking to recover property fromnon-probate parties that got it in the divorce.Did you mean "...that got it in the divorce?"Ray, the non-probate parties did NOT get the property "in the divorce". Ex got the property in the divorce.* Ex then put the property into trusts and other financial vehicles that would by-pass the probate process, thus making that property into non-probate property.NOTE: Ex got the property in the divorce because he did NOT list those assets on his Fin. Declaration. Thisnon-probate property consists of the hidden assets that I have already claimed based on divorce order which states I am to receive assets not listed on his Fin. Declaration. In estate atty's MSJ, probate judge ruled against my claim for hidden assets.
I am trying to find out what I need to do to finalize an
Hello. I am trying to find out what I need to do to finalize an estate in Florida. I have filed the original will, but am unsure what else is needed. There is no money in the estate (my mother's)JA: Has anything been filed or reported?Customer: The original willJA: Anything else you want the lawyer to know before I connect you?Customer: I am the 2nd person listed as the Personal Representative. The first person, my aunt, did not want to handle the estate. Not sure if this is relevant. I have not put anything in the papers announcing her death (other than the obit). I have checked to make sure she has no outstanding debts. She didn't own any property.
I'm the executor of my late wife's estate in which she did
I'm the executor of my late wife's estate in which she did not have funds in her name to open an estate account. How do I get an order of insolvency for her creditors? I had to file with probate because we had a will.JA: Estate laws vary by state. What state are you in?Customer: VirginiaJA: What documents or supporting evidence do you have?Customer: Small asset estate letter from the probate court.JA: Anything else you want the lawyer to know before I connect you?Customer: She had 2 cars in her name. One I returned and the other had the title transferred to my name that I'm driving now. They had liens at the time of death.
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.?
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
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