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Recent Probate Court questions

I'm in Minnesota and just went through with the probate

I'm in Minnesota and just went through hell with the probate court in mpls. I am the only survivor of my mother who died at 95 yrs of age and I was named the executor. My mother owned a home and some stocks and shares ect. At the closing table, the bills, back property taxes, lawyer fees were taken from the check i received for selling her home. I thought it was finally over. After a few weeks , the MA (medical assistance) of Minnesota filed a claim against me for 33,000 dollars. The claim was a year past the filing cutoff date, and asked the court to allow it anyway. They did allow it. My mother never received medical assistance in her life. The claim was for the 5 months she spent in the worst nursing home chain in the country. I spent 15,000 dollars in atty. fees trying to get her out of that filthy facility, I could not. I have spent the inheritance from my mothers estate for my retirement fund which I didn't have. I thought it had gone away since I didn't hear any more about it for months. My atty emailed me yesterday asking when I can send the 33,000 for the claim. I'm 75 yrs old and wont have my home if I get stuck with the payment of the claim. Is there anything I can do?

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Ely

Counselor at Law

Juris Doctor

66,136 satisfied customers
My mom is wondering how to go about the whole probate court

My mom is wondering how to go about the whole probate court thing.our neighbor has passed and left everything to my moms.who is also the POA..JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: NEVADA,We havent filed any papers w/probate court yet,JA: What documents or supporting evidence do you have?Customer: POA,TRUSTEE,AND THE WILLJA: Anything else you want the lawyer to know before I connect you?Customer: NO we are just needing to know where we go from here

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,070 satisfied customers
Do I have to report income from my fathers estate after it

Do I have to report income from my fathers estate after it has gone through probate? Will I have to pay taxes on that income?JA: Estate laws vary by state. What state are you in?Customer: My father lived in Michigan and I live in IllinoisJA: What documents or supporting evidence do you have?Customer: The estate is from a will.JA: Anything else you want the lawyer to know before I connect you?Customer: There is also a trust. Inside the trust is an IRA and a cash amount. How is that taxed and reported

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,070 satisfied customers
My sister died in Oklahoma and had no will. She had no

My sister died in Oklahoma and had no will. She had no children or husband and our parents are both still alive. She owned no real estate or titled vehicles and her personal property is valued at under $20,000.00, . She named our parents as beneficiaries of her life insurance. She has a couple of pay checks, that are in her post office box. The post office said they couldn't get her mail without a document from the probate court naming them as the executor of her estate.Can my parents avoid going through probate court, except for the court authorizing them as the executor, since my sister's two checks and her personal property is all she has that would go through probate?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,070 satisfied customers
I recently communicated with you on a irrevocable family

I recently communicated with you on a irrevocable family trust that has problem of no authorized successor trustees. It appears the assets will be distributed the way the trust is written.There are 8 descent families from Mom and Dad. I am wondering if we can start another trust and have a representative from each family be trustors/trustee or is there a limit on the number of trustors for a family trust? Do you have any other suggestions for this situation?I think no one will be interested in another trust unless their is a representative from each family all on an equal level. The assets in the trust is land and a house.

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RayAnswers

Lawyer

Doctoral Degree

37,694 satisfied customers
I have a question are you in usa, Tennesse, my husband

I have a question are you in usaJA: What state are you in? It matters because laws vary by location.Customer: TennesseJA: Has anything been filed or reported?Customer: my husband passed away a few week ago, on oct 20 he had an agreement with the two parties for a settlement against Workers compensation concerning his pass away wife, now they said that he cant received the money because he passed away before, the settlement was acceptedJA: Anything else you want the lawyer to know before I connect you?Customer: no mam

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,070 satisfied customers
I am the trustee of an estate in California, and I have

Greetings,I am the trustee of an estate in California, and I have experienced continuing problems (numerous false claims, unwillingness to cooperate, blatant hostility, etc.) with a disgruntled older brother over the course of more than five years. Although the vast majority of assets have been distributed from what was a million dollar estate, I have been reluctant to close the trust administration because of his ongoing and sometimes extreme animosity and related unwillingness to mitigate certain outstanding issues.Then yesterday, when I logged into the trust checking account, I discovered that it had been frozen by court order. Neither my attorney nor I ever received any notification that such action had been filed by my brother and then carried out by the court, and my attorney is furious and is going to contest the action. I will be in touch with him again soon, but until then I have a basic inquiry: Can one party unilaterally instigate such an action without informing the other party, and does the probate court not require that both parties be given an opportunity to present their case before such a drastic subsequent action is taken by the court? In the court papers my brother's attorney even claims to have hired a private investigator in order to determine my whereabouts (I am presently working in Japan) prior to the filing of the action, when all he had to do was simply contact my attorney (with whom he has been in touch on numerous occasions during this long process!). Is this legal??? Many thanks.....

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RayAnswers

Lawyer

Doctoral Degree

37,694 satisfied customers
When the house is the main asset of the estate but there is

When the house is the main asset of the estate but there is not enough money to pay the 1st mortgage, we are selling the property as a short sale. Estate didn't pay all sorts of debts and I want to ask you about insolvency. First of all, does the probate court declare estate insolvent? Does the probate judge wait until the sale of the house in the short sale to declare insolvent? If the estate was deemed insolvent, would it stop the creditors from bugging the estate lawyer and thus stop him from charging estate money? Am I right that the estate can't close until the house is sold?

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Infolawyer

Attorney

Juris Doctor.

38,388 satisfied customers
Hopefully Barrister is available to answer another question

Hello Again,Hopefully Barrister is available to answer another question on the topic we started last night.My sister in law, the one that has the deceased fathers account in her name only and is the sole "owner" of the cash in that account, is also the only exécuter of the fathers estate.There is a house to sell. While there is a lawyer involved, a will and a trust, my wife and her brother are concerned that as exécuter, the sister can cut them out of their 1/3 share of the free and clear house. Can that happen and if so what steps can be taken now to avoid that?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

49,070 satisfied customers
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