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Recent estate law questions
My former husband and father to my minor children passed away
My former husband and father to my minor children passed away nearly 5 years ago. He left his estate to our children. I was never shown the will nor have I seen it or had disclosure to it since he's passed. I found out that in the will he outlined the children receive money in increments starting at 25. Can I challenge this as I don't agree with it. Thanks for your help.
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This case involves a bank account held under the uniform transfer for minors act which may be held in the wrong name.It's a long story. My father passed away in 2003. He was divorced from my mother and 66. He had sex with a woman, Mxxx xxxxxxxxx, after his divorce whom he impregnated. She had a son, Jxxxx, in 1995. However, she believed another man, whose last name is ***** ***** the father. She named her son Jxxxx xxxxx xxxxx at birth and that was on his birth certificate. But 2 years after his birth,xxxx claimed he was not the father and my Dad, Bxxxx xxxxx, took a paternity test that proved Bxxxx was in fact the father. A child support order was filed against my father which he paid. Bxxxx xxxx died in 2003. The boy was always referred to as "Jxxxx xxxx", including in his will and trust. He also went by that name to the best of my knowledge everywhere, including Facebook. Bxxxx left a profit sharing plan to his son Jxxxx. He also requested that an account be set up for him under the Uniform Transfer to Minors act for $25,000. In accordance with his will, it was set up. He is to receive the money when he turns 21 in September of 2016. It has just been drawn to my attention that the young man, who is now 20, has changed his name to my father's last name. But court documents indicate he has changed it from Jxxxx xxx xxxr to Jxx xxx xxxxx. There is no indication that he went by Jxxxx xxxxx. In a little over a year, the account needs to be paid to him. The bank says they can issue a check to "Jxx xxx xxxx" but they will need court papers that show he changed his name from xxxxxx to xxx -- not xxxxx to xxxx. I am not on speaking terms with him or the mother. She has been highly dishonest, even xxxx, in the past, so I try not to deal with her. However, I am the custodian of the account.
My ex wife passed away and my ex sister in law is executor
My ex wife passed away and my ex sister in law is executor and my daughter is the benificiary of two properties and two IRA's. I am now the legal guardian, what rights do I have while contracts are being signed by my minor daughter? Do I have the right to view contracts and be present while deals are being done? When the properties are sold by a realtor who do those checks get written to? The IRA's will get transfered and the money from the houses will go into an account in my daughter's name but my concern is since she is a minor can the executor name themselves controlling party of those accounts or name themselves beneficiary?
My mother left me as the sole beneficiary of her IRA account
My mother left me as the sole beneficiary of her IRA account when I was 4 years old. Since I was a minor the account was given custodians--my aunt and uncle. I am now 25 years old and they still have not removed themselves from the account. The account still has me as a minor so I can't get access to my inheritance. My aunt and uncle are uncooperative about getting a court order signed so that they will be removed from the account. What can I do about this? How do I get access to my inheritance? In FL the custodians of the account are (by my understanding, maybe I'm wrong) obligated by law to sign the account over to me once I am 18 years old, but it has been 7 years and they aren't doing anything. I feel helpless.
My Mom just passed away and my brother is the executor of the
My Mom just passed away and my brother is the executor of the estate. In the will, my 8 year old daughter was given 25K and it stated if she was not 18 at the time of my Mom's death "bequest may be transferred to a custodian for her under the Wisconsin Uniform Transfers to Minors Act."I just received a copy of the will and a notice that an attorney has been named as my daughters guardian ad litem and I guess will be the custodian of her bequeath???Are her Father and I not allowed to be the guardians of this money?There is no family discord and I am trying to figure out why my brother has done this? Can you help me?
We have our home on land that as "given" to my husband & I
We have our home on land that as "given" to my husband & I by my parents. On the deed, they had our minor children added to the deed. My father passed away last year. We want to sell out home (my mother has agreed to allow us) but we are told that we can not sell until both out children reach 18 yrs. old. The last child won't be for another 8 yrs & then who knows if they would allow us to anyway. How can we remove the minor childrens names from the deed so we can sell out home?
How can I remove a minor child from a title to real estate
How can I remove a minor child from a title to real estate in Florida? The minor and her natural parents are on the title. One parent was joint tenant with rights of survivorship with her mother. Her mother had homesteaded the house and was the only person living in Florida. When her mother died, she hired an Attorney to remove her mother (now deceased) from the title and add her spouse and minor child as joint tenents with rights of survivorship (so that if both parents died the minor child would have the house). No one lives in Florida and the house is no longer homesteaded.
My mother left me a house in her Trust - all responsibilityView more estate law questions
My mother left me a house in her Trust - all responsibility also: Mortgage HELOC. I am also sole Trustee. I got the title put in my name in my name but the mortgage company will not transfer the mortgage telling me I must refinance or sell the house. I tried to refinance with another mortgage company but because the house has a HELOC and I have credit card debts and have it rented out they will nor refinance. House could be sold for 180K but I'd like to keep it as rental. It has a 90K mortgage and a 33K HELOC. My Question: May I as the Trustee sell it to myself and my Husband? I do have authority to sell Trust property and have already sole mom's primary house and distributed the proceeds to my brother as was dictated in the Trust. He has no more claim to anything in the Trust - this house is all that is left. ThanksSusan