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Recent Wills and Probate questions

Is a quit claim deed better than a power of attorney? Are

Is a quit claim deed better than a power of attorney? Are they better than a will? The estate would be rather small, divided three ways. Would all three names have to be on either or both of the above mentioned forms? Do these forms have to be filed with the state? Thank you for your time in this matter.JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: The state is CA. No paperwork as yet. This is in planning stage.JA: What documents or supporting evidence do you have?Customer: Documents would be pink slips to vehicles, and mortgage papers. Also, bank statement. Supporting evidence?JA: Anything else you want the lawyer to know before I connect you?Customer: There were four children. The eldest is self-sufficient and an in charge person. Second eldest, deceased, 2004, left two self sufficient adult children. These two grandchildren would divide the share that would have been their mother's. Third child has been estranged from us for several years and her whereabouts is unknown. She has been on Social Security Disability her entire adult life, as she is legally blind. As this is her choice, we feel she would not be included. Our fourth child receives Social Security Disability. My husband and I are recently divorced.(one year, after being married over fifty years. Financially better for us.)

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Loren

Juris Doctor

41,398 satisfied customers
My sister died 2.5 years ago. We have some Heir property. Is

HiMy sister died 2.5 years ago. We have some Heir property. Is my sister husband entitle to her share? She has one daughter 18 years. She was living in Georgia at the time of death. Her property is in Alabama . Will or no Will What's the Law? She had a minor brain injury.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,304 satisfied customers
I've found out my mother has money from stocks (5) I

I've found out my mother has money from stocks (5) I received this info from the treasury dept. she passed away in 2012. These are listed in my mother and fathers names. They were divorced. My father in the divorce claimed there were no stocks!! What do I do? All listed as over 100. These are vodaphone, att - at that time very profitable stocks.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: PennsylvaniaJA: Has anything been filed or reported?Customer: What do you mean by reportedJA: Anything else you want the lawyer to know before I connect you?Customer: I only printed out the claims forms I've done nothing yet - obviously they are both names my father is still living. We don't speak - it was an abusuve situation

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LegalGems

Juris Doctorate

16,446 satisfied customers
Facts: A revocable Living Trust was set up in California.

Facts:A revocable Living Trust was set up in California. According to the terms of the Trust, it becomes irrevocable upon the death of the Settlor (person setting up the Trust).The Settlor did not make a Will.After his death, the Superior Court of California entered an Order giving instructions to distribute the Trust assets.Questions:1. Under the above circumstances, does California law treat the Trust as a Will?2. If so, is the same based on a statute, or case law, or both.3. I need statutory authority to treat the Trust as a Will and supporting case law (2 cases).Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,380 satisfied customers
I had talked to you previously about trying to locate a will

I had talked to you previously about trying to locate a will that I and the family was told repeatedly was completed. He was kicked out of his house almost two years ago and denied access to paperwork and personal property and was almost done (about a month away) with a long drawn out bitter divorce. We know he had a fire proof safe in the house but she is stating that there is no will and thus entitled to everything through intestate rules.You stated that I could petition for her to produce the will as I had been told repeatedly that I was a beneficiary but we know she is willing to lie to the court as she already denied during the divorce that she forged his name on checks (including a settlement check for $10,000), did not remove $160,000 from their joint accounts without his knowledge or consent before kicking him out. As of now I can not see how/if she has filed anything for probate yet as LA County Wills and Probate will not check at all until after 30 days have passed. I do know however that she is already using a lawyer as yesterday he called that apartment complex the deceased I told them they had to send the deposit check to his mother and not me after the family had previously stated I should have it (should only be about $1000) for cleaning and taking care of everything after they got the belongs they wanted (which there wasn't much as he had to start over with almost nothing and was buying furniture from thrift stores) . The (ex)wife told his family that she would give them some of his belongings but that they would have to wait until she could get to them, despite her sending him a letter stating that she had packed up and moved all his belonging to the garage months before he passed away. I suspect that she is trying to stall the family until she can get the court to appoint her executor and sole beneficiary and then going to try to use the deposit being sent to his mother as the equivalent amount his mother is entitled to in attempt to keep all his belongings.If the (ex)wife does a spousal property petition and claims the house as part of joint ownership, can she used that to lower the value of his assets and claim it to be less than $150,000 to avoid probate (even if the house if valued around $450-500K and if she had previously stated his belongings were worth another $500K)? If she does to this then what recourse do we have? Can his mother or a sister petition to be the executor, even though they live out of state? If they are given some recourse can they grant his niece to do things on their behalf as she lives in the area, was the family member that was closest to him, and the only one besides myself that knew the circumstances of the divorce, will (as she was also told she was a beneficiary), and his life in general as the rest of family lives in different states? His mother is in her 70s, spending the winter in Florida, and has had several falls/concussions last year. Can we petition the (ex)wife to produce the will if she avoids probate and what is our recourse of she continues to deny its existance? The family is having to pay everything for his cremation and burial while she is claiming all his assets and enjoying the holidays with her boyfriend.We have a few more days until Wills & Probate will look to see if anything as been files, but I know that we may only have days or weeks to complete certain actions at that point so I want to know what we need to do or start planning for.I have been sending out requests to estate lawyers requesting if they have information of a will being produced for him, as this in the only recourse I currently have to locate any record of the will but so far have found nothing. I tried to get a full list from the LA and state bar for lawyers in the area as you suggested but it would only give me a list of three randomly selected each time; so I am having to use listings from the yellow pages. Unfortunately I know that I will likely end up contacting her lawyer as a result, which I know will cause the ex(wife) to react very negatively.

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Attorney2

Doctoral Degree

8,130 satisfied customers
When my mother died, 7 years ago, she left me and my brother

Hi. When my mother died, 7 years ago, she left me and my brother her annuity. I inherited my half and my brother, who was very ill, did not want his half. Neither did his family ( some bad times between them in the past). My brother died 5 years after our mother passed. The money in the annuity isstill there, not claimed. Do I legally qualify to ask for that money since it is still sitting there and it was my mothers? I do not want to call the company about it until I know I would have rights to it or not. Thank you so much.

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jb156200

Associate Attorney

Doctoral Degree

352 satisfied customers
My mother died and appointed me and the bank as co trustees.

My mother died and appointed me and the bank as co trustees. I have a felon conviction back in 1993. I was not incarcerated and am very succedfull business owner in Texas . My mom was a Florida resident upon her death. She was completely aware of my past and appointed me co- trustee. Does Florida law allow me to be co- trustee under this situation. Also does the length of time since 1993 effect your answer.

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RayAnswers

Lawyer

Doctoral Degree

40,458 satisfied customers
My husband's two brothers are executors and trustees of

My husband's two brothers are executors and trustees of their parents' estate. My husband and his sister are the two other children involved. The parents lived in Los Alamos and the real estate involved is all in New Mexico.Their father, who had his own Trust, died first. We never saw his Will or the Trust. Their Mother was the trustee of the Father's Trust. Then their mother died. Again we never saw her Will or Trust. The brothers have told us several times that the proceeds of the Trusts are to be split equally 4 ways.Before she died, the Mother sold a property to the younger brother for the supposed value of the land, ignoring the buildings. She also gave the house the elder brother was renting from one of the Trusts to him.We have received some proceeds from the estate but the process has been dragging on for 5 years now. During that time they have allowed the water rights to be lost for some of the land in one of the Trusts (we do not know which one). Consequently the value has dropped from at least $800,000 to, according to the younger brother, almost $0. The same brother also told us that he bought one of the properties from one of the Trusts. We had insisted that he get a formal appraisal before buying it, but he did not. He based the purchase price on an estimate from a friend who is a realtor.The elder brother quickly lost interest in doing anything with the estate, only rubber stamping whatever the younger brother wanted to do.The only reporting we have received since soon after the Mother's death is the yearly IRS form, which always comes late and always just says $0.Now the elder brother's daughter has "taken over" for him. She has told us that we have no right to see the Wills or the Trusts and that she will try to prevent her father from letting us see them. She claims that there is a clause in the Mother's Will which says that, if either my husband or his sister contest the Will, we will be cut off with only $1.We would have been OK with all of the selling and giving property to the brothers but the added loss of the $200,000 we had expected from the land that is now virtually worthless and the way we are being prevented from viewing any documents is getting to be too much.After the sob story comes the questions:Does my husband have a legal right to see the Wills and/or Trusts?Can asking to see the Wills and Trusts be considered contesting the Mother's Will?Can a no contest clause in a Will effect a Trust? We know that the Father would not have allowed a no contest clause specifically against my husband and his sister in his Will or in the Trusts.Is it a conflict of interest for a trustee to sell himself property from a Trust?Could the loss of water rights be considered a breach of the fiduciary duties?Sorry for writing a book!Thanks.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: New MexicoJA: What documents or supporting evidence do you have?Customer: None, we have been told that we have no legal right to see the Wills and Trusts involved.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.

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Damien Bosco

Attorney

Doctoral Degree

3,750 satisfied customers
The Virginia Department of Health is of course closed over

The Virginia Department of Health is of course closed over the weekend, but the website states only close family members can obtain a death certificate- spouse, children, etc. They have been divorced for many years.She has been to the office that handles the titles many times ( Sorry, I am in Virginia, and not FL, so we are corresponding by phone), and was told that a death certificate was required from the deceased parent, to prove she is the sole survivor. How does she file such an affidavit? What office? Will they still require a death certificate?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,304 satisfied customers
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