Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We recently encountered a problem with sale of deceased

Customer Question
We recently encountered a...

We recently encountered a problem with sale of deceased parents home. one of trustees, signed as being only trustees leaving my other sister out but, was caught by Title Co. Just found out its a Federal Offense. Since she made this big mistake already. She wants to pay a sister that lived with my mother and helped her pay bills. The trust says at time of death anything pending should be paid? Can we pay bills prior to death? more

Lawyer's Assistant: Estate laws vary by state. What state are you in?

California

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a copy of Trust, going by that. My sisters word that she helped mother

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My sister lived in home for 8 years b4 we asked her to leave so we could clean and fix home to sell. She wants to claim all utilities while she lived,at parents home.,but she had a tri plex she could of stayed there.and payed her own utilities. is this right! No one is charging her rent because she did help parents.

Submitted: 21 days ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 2 hours by:
4/3/2018
Estate Lawyer: Barrister, Attorney replied 21 days ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,116
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

Does the trust state that both trustees have to act together.... or that they can act independently... or is it silent?

.

Can we pay bills prior to death?

.

Are these debts incurred by parents prior to death?

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 20 days ago
together
Customer reply replied 20 days ago
The only debt was hospital bill and funeral. One of the trustees wants to pay other trustee because she lived with mom last few years and paid mosst of her bills. she also lived at home 8 or 9 years, now we have to pay all utilities taxes,home insurance for 11 years.
Customer reply replied 20 days ago
when i say 8 or 9 years that is after mom passed away, and before we all new their was a living trust
Estate Lawyer: Barrister, Attorney replied 20 days ago

The estate and the trust are liable for the payment of any final debts or expenses... While a trust doesn't go through probate, it is still part of the decedent's estate and is subject to creditor claims if it was revocable while the grantor was living.

.

But if there was no specific agreement for the other trustee to be paid for providing care services, then the trustee can't just unilaterally decide to now create a contract where they get paid...

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Estate Lawyer: Barrister, Attorney replied 17 days ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 41,116
41,116 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

41,116 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
This question is about creating a living trust in the state
Hello. This question is about creating a living trust in the state of Florida.I have been asked by a lady who doesn't speak English well to create her living trust document. My question is, is a non l… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
My grandmother died without a will or living trust. My
My grandmother died without a will or living trust. My grandmother has one daughter living and one deceased, my mother. My aunt has hired a probate attorney. Do I need to hire an attorney to make sure… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Instead of a will, should he create a living trust instead?
Hello again, instead of a will, should he create a living trust instead? What would be best?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
This question is in regard to a Irrevocable Living Trust.
This question is in regard to a Irrevocable Living Trust. Can a Grantor set up an ILT such that during the lifetime of the Trustee(s) the Trustee(s) receive 60% of the interest earned by the Trust and… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
A self trusteed living trust was executed for the benefit of
A self trusteed living trust was executed for the benefit of wife daughters. Wife died and trustee says investing some trust assets into 529 plans is not legal Note:. One of the specific objectives of… read more
Damien Bosco
Damien Bosco
4,179 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,153 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
41,116 satisfied customers
My grandmother passed away. Her estate is in probate, she
My grandmother passed away. Her estate is in probate, she only owns a house and car. House was sold and it was her primary residence. Proceeds distributed to heirs. Does her estate need to file a retu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
807 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
Is the living member of a living trust...as in I and
Is the living member of a living trust...as in Juan I and Graciela *****Hernandez Living Trust...Juan dies...does Graciela have to tell the benificiaries of the living trust they are beneficiaries?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,160 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,700 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
While going through living trust, probate, can sn attorney
While going through living trust, probate, can sn attorney 'hold' in reserve money from a living trust?… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x