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Recent estate law questions
Re: Probate There are four beneficiaries in the will of my
Re: ProbateThere are four beneficiaries in the will of my father who passed away on 5/7/16. Three beneficiaries (my sister, other brother, and me) agreed to forego receiving money from my grandmother and instead donated our inheritance to a trust established for my disabled brother (4th beneficiary) per the request of my mother. My mother never wanted my brother to live in an apartment paying rent while my parent's mortgage had been paid. That is to say, the three beneficiaries/siblings always knew they would never financially benefit from my grandmother (mother's side) or my parents. Despite my mother passing away in 1995, all the beneficiaries knew that my disabled brother was to remain in and have ownership of my parent's home.In 2014, my sister who had power of attorney for my dying father, who was suffering from vascular dementia and who many times did not recognize my sister, but knows she visited often, had him sign a survivorship affidavit ON HIS DEATH BED to transfer the house to my sister after he died and debts were paid. This affidavit was kept secret and my father if healthy would have never transferred the house to my sister due to my mother's wishes and would not transfer such house without first talking to the other siblings/beneficiaries.I am furious with my sister and want to know in which court must I challenge the transfer of the house. Probate? Also, in which court I must address my sister's role in handling my disabled brother's trust which was established when my grandmother died. (Three siblings donated their inheritance to a trust for my disabled brother (4th beneficiary) per the request of my mother.) What do you suggest I do for I am really working on behalf of my disabled brother for whom I do not have guardianship and living in Chicago to handle such a legal matter may be difficult for me to travel due to my disability (chronic pain) as well as travel costs.
My mother died intestate leaving a mound of debt and no
My mother died intestate leaving a mound of debt and no assets. How do I handle the creditors?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: LouisianaJA: Have you talked to a lawyer yet?Customer: No. Just trying to manage expectations for how to proceed.JA: Anything else you think the lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
My wife passed away after 10 yrs of marriage. She has two
My wife passed away after 10 yrs of marriage. She has two sons from previous relationship and we have a 9yr old daughter together. Of course she had no will so we are currently going through the probate process. Her youngest son, 21, still lives here at home. Her oldest son, 27, does not live here but informed me yesterday that not only is he moving back home he is moving into the master bedroom. What should I do?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: a littleJA: Anything else you think the lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.
Our mother died 2 year's ago this past April, my sister was
Our mother died 2 year's ago this past April, my sister was the executor of her estate and was in charge of her care, when we would ask her about Mama all she would tell us was the state of her mental and physical health, if she was asked about bills she would say they where being taken care of, so we assumed that mama's social security, savings, retirement and the sale of her belongings were taking care of everything. We found out recently that wasn't the case. After mama's death the house and land that belonged to our parents was supposed to be sold and split between 4 siblings, but because our sister kept the knowledge of how Mama s bills and things were being paid for from us and didn't give us the opportunity to help pay for mama's care she is saying that we have no claim to the house and property, we were wondering if we could do anything since she wasn't up front with us.
My husband set up two trusts before he died to Hold the
My husband set up two trusts before he died toHold the proceeds from the sale of our home which is free and clear. He gave our three children his power of attorney and they are trying to keep the money from me, what can I do to stop this.?
Towards the end of their life, about 11 years or so, my
Towards the end of their life, about 11 years or so, my grandparents lived with my mom & I so my mom could take care of them. Even though it was not necessary, my grandparents wanted to "repay" my mom & I by leaving my mom my grandmother's antique collection. About 14 years ago my grandfather passed and about 7 years later my grandmother went to visit her brother & sister in-law with hopes of trying at some point to get a small place of her own. So, my husband & I packed a large moving truck of her items & antiques that my grandmother wanted around her and drove her to my great uncle's home. Unfortunately, my grandmother was not able to get her own place & passed away 2 years ago while at his home. Then about a year later my great aunt also passed.My mom has one brother & one sister; at the time of my grandmother's passing, they all agreed not to disrupt my great uncle's life anymore than it had been and nothing within the home would be touched or removed until my great uncle's passing.I recently found out that my aunt (who is a truly awful person in every possible way) has taken it upon herself to remove a lot of my grandmother's belongings (many which should have been passed down to my mom) from my great uncle's home.My grandparents were from a different time, when a persons words was all you needed, consequently my grandparents never had an official will. However, in 1999 my grandparents gave my mom a General Power of Attorney. It is notarized, but we are not sure if it was ever filed in the state of Arizona. They had hoped this would help my mom avoid any problems she might have with her sister after they passed.My question is, do you think my mom has any legal rights to try to get some of the items my grandmother wanted her to have? The other little wrinkle might be, my evil aunt does have the Power Attorney for my great uncle and has put her name on his home. Does that matter? My mom doesn't want much, she just wants to be sure my great uncle is taken care of and get back the few items that remind her of her mother.
This questions is in regard to my sister's house and nowView more estate law questions
This questions is in regard to my sister's house and now that her children are legal adults.1998, she purchased a home and had her husband sign a disclaimer deed (the builder had them) which is still on file at the country. Disclaiming any ownership then or in future. She was in the process of a divorce when she passed away in 2001. Now that the two children are 19 and almost 18, I question if this home should be titled to them? (she did not have a will so all property would go to the husband yet he signed a disclaimer deed which I would think the next of kin would be her children to receive)It still shows her as the tax owner and since the time of her death, the kids father refinanced the mortgage in his name BUT he has lived off of her social security death benefits since the time of her death. Benefits left for the children yet he used them to pay the mortgage, qualify for the refi etc. As such, can the children claim this house as their own?