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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.

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RobertJDFL

Attorney

Juris Doctorate

15,296 satisfied customers
According to my Aunt's will (she lived and wrote it in the

Hi. According to my Aunt's will (she lived and wrote it in the state of NY) I was to be the recipient of $25,ooo.She left me this in a will that was sent to me by an attorney from NY over 18 months ago.The 'executor' of said will has since experienced the death of her brother die and her husband is dying of brain cancer.None of the recipients from the will (totalling about 250,000 dollars) have been able to get any information from the lawyer. He refuses to return calls or emails or letters.The 'executor' refuses acknowledge any of us either.There is a second executor named in the will in case of the 1st one dying or atherwise unable to carry out the duties.We need to transfer this executorship apparently without the co-operation of either the lawyer or initial executor. Please advise..

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Loren

Juris Doctor

45,954 satisfied customers
I'm single. I want to put my life insurance Policy in to a

hiI'm single. I want to put my life insurance Policy in to a trust. How do I go about finding a trust? I'm 55 years old. I have a term life insurance policy.. How can I burry my self put money aside for my funeral. I don't have any children, and I'm healthy.I don't really trust anybody enough to take care of me. I have one brother, and some nieces and nephews.Where do I find a trust? How much is the cost?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,828 satisfied customers
Need help with understanding a trust annuity left for me. My

Need help with understanding a trust annuity left for me.My parent left a trust for me which is 5% annuity and 10% annuity for my child. I do not know any of the numbers yet since the estate lawyer is figuring everything out. I did not ask him since it was delicate subject matter and tacky at this point.What does trust me exactly? He lived in his wife's homes. Is there a common annuity time period or could I wait 20 years for it to fully pay out? Is there no way to easily change the annuity timeframe payout? I am in hardship and having to support a disabled kid while being disabled myself. Yes, what a mess...I have a special needs kid and am worried because if my parent left it to be given after 18, my kid will have her independence then and not know how to deal with her monies in a healthy way.How can I fix that? My autistic child is not good at making decisions and may fight me on guardianship later down the road. I hope the trust does not say wait until 18. Also, I need it to pay for all of her medical expenses. Maybe that is tough luck for me.

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40,202 satisfied customers
I have an estate law question and need some advice. I just

I have an estate law question and need some advice. I just learned that my sister had a quit claim deed signed by my Mom several years ago transferring her house to her and also a TOD agreement signed on her investment portfolio that named my sister as the sole beneficiary of this account. There is also an older will that names all siblings as equal beneficiaries. Mom has had ongoing dementia issues for several years so I believe these instruments were signed without her understanding that her will would effectively have no assets that could go for equal distribution since these two instruments were signed with my sister as the owner. My sister has just told me that she had these instruments signed and has assured me that she will distribute half of the proceeds of the house and investment account tome upon Mom's death and has agreed to sign any such legal agreement or agreements that would accomplish this. So the question is what kind of legal agreement could be used to effectively accomplish this -- or what else can be done to assure that Mom's true wishes are accomplished?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,828 satisfied customers
Ok, this may sound a bit odd, BUT. my grandmother has a 20

ok, this may sound a bit odd, BUT. my grandmother has a 20 acre tract of land in nowhere oklahoma. she is leaving it to 4 grandkids. Me, my brother and 2 cousins. I am buying the shares of the 2 cousins. we have agreed on a price for each of their shares. I was going to do a quit claim deed from each of them with just a simple written agreement that they agree to sell me their interest in the inherited property for said amount of money. Now this is where it gets strange. Grandma is still living and said she will leave property to me as long as I settle with each of the cousins. Now I have satisfied her but I want to make sure that no one can come back later and try to take it away claiming that they were suppose to get a share of the land. Also the Land and grandma are in oklahoma but me and the cousins are all in Texas.

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RayAnswers

Lawyer

Doctoral Degree

45,130 satisfied customers
Bad Faith Insurance, and Probate Law - This is only one

Bad Faith Insurance, and Probate Law -Hi,This is only one instance of the many games Jackson National Life Insurance Company played at my expense:My husband, Terry died January 29, 2017. A week before he died I found out that both of our policies had "Estate" writtten on them instead of each other like all of our other insurance policies and pensions. Three days before he died, Jackson National received a request of a change of beneficiary from me, naming myself as his beneficiary. Then in February I sent in a Beneficiary Claim. They wrote back that according to Terry's Dur Pow of Atty, I was not allowed to make changes unless I was also named Beneficiary under another "Life Insurance Policy" where Terry had named me Beneficiary before the DP of A became effective. I looked up his DP of A, and it does not say it had to be another Life insurance policy. It doesn't say it had to be the same kind of contract. It just said another "Contract". So I asked them if an Accidental Death policy would work, and they told me no, that it had to be a Life Insurance Policy even though that is not what the DP of A said. I said, "Can I talk to a manager?" They finally let me talk to a manager, named Teresa, and she said the same thing that the agents said, that it had to be a Life Insurance policy (contract). I said it doesn't say that on the D P of A, may I please talk to someone in the legal department and she said no, it wouldn't do any good. I said, "What about my Fidelity Prudential Pension through Goodrich Benefits where I am named Beneficiary, it is a contract? They said no, it had to be a Life Insurance Policy. So a miracle happened, and after sorting through every file box we own, I found it, a real life insurance policy, through Goodrich Benefits from North American Life Insurance Company. So I sent it in and a week or two later I got a letter from them saying they were studying it and would let me know. 5-6 weeks went by and I heard nothing from them as usual. Finally I got a registered letter that said unless they heard from me with a letter that said I am going through Probate they were going to turn my money over to the appropriate state unclaimed Funds Department and I would have to get it from the state, whichever state that is!So I called them and retold this whole story as they listened with glee, and said "I am the one who has been waiting for you as you said you were studying it and it's been 5-6 weeks and I have heard nothing from you after you got the Life Insurance Policy. They said (with no apologies), it won't work because you are listed as "Spouse", on this Life Insurance Policy, not Beneficiary, ( I am listed as Beneficiary on all the other policies that they won't accept as a"Contract").1. How can they say that "Contract"only means a Life Insurance Policy? Where does it say that. Is there a particular rule about this in Law?2. Isn't "Spouse", especially when there are no other Beneficiaries, used interchangeably with "Beneficiary"? I looked up a lot of Life Insurance Company's Websites and they all say Spouse is the same thing as Beneficiary.3. Are they taking me for a ride or are they right about number 1 and 2?I need to know from you if "Contract" only means a Life Insurance Policy in this case? I don't see anyplace where it says that.Thank you.Gayle

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Irwin Law

Juris Doctor JD

10,072 satisfied customers
My husband and I inherited a Corporation from his father

My husband and I inherited a Corporation from his father when he died last fall. We are wanting to dissolve it. The corporation owns land and a few autos. Will we have to pay a lot of taxes to dissolve it and is there a timeline on when we do it?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Yes, MissouriJA: What documents or supporting evidence do you have?Customer: We have all the corporation bylaws etc. All shares were transferrred to us upon his death.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,828 satisfied customers
My wife and I want to avoid probate when one of us dies. We

My wife and I want to avoid probate when one of us dies. We live in California and have simple wills, basically leaving everything to each other after several lump-sum payments to family members and charities. We own no real estate. We've been told that the only way to avoid probate is to have trusts, not wills. Is this true, and if so how do we proceed while avoiding attorney fees?

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Loren

Juris Doctor

45,954 satisfied customers
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