I am the guardian of my grandson. He was left a trust in New York by his paternal grandfather with his paternal uncle as trustee. As the minor's guardian, can I request an annual accounting of the trust from the trustee? Please cite to an actual...
You certainly can - I am not a NY attorney so I cannot cite the statute for you but the right of a beneficiary to an accounting is likely stated in the trust document itself as well as a statutory right.See question
I'm my mother's daughter an executor of her estate. Do I have full rights. Not selling the house and I'm the heir of her estate. Thanks in advanced.
I concur with Mr. Bercovitch - if you are teh administrator or executor of an estate and the house in question is in the estate and there is a tenant or person living there not under a current lease you have the right to file for ejectment. It is important to follow the proper procedures and hire a lawyer with experience in this particular type of situation.See question
After initial audit, IRS got hold of my bank accounts and did their own calculations of how much tax i owe. IRS calculation for the deficiency was incorrect and due to miscommunication with my CPA, even though I had done many hours of work to pre...
If you are still within the statutory time period to respond to the Notice of Deficiency find and hire a tax attorney right away to file the US Tax Court Petition. If nothing else you can at least get it filed and preserve your rights.See question
My ex-husband died intestate. His only asset is his house worth $150,000, The Division of Medical Assistance is going to make a claim against the estate for approx. $100,000 due to payments for his medical treatment prior to his death. In my se...
You certainly need to speak to your own attorney. I recently dealt with a very similar case (from the other side). The attorney you hire will walk you through the creditor priority statute - more than likely the expenses of administration, funeral, medical assistance and secured creditors will all be above your claim because it is not as high in priority and is not secured (although if there is a child support judgment already that answer could somewhat change).See question
The attorney said the will had no meaning everything goes to her husband
That is possible - if all assets were jointly titled with her husband or beneficiary-designated to her husband those ownership methods would trump the will. Not sure if that is what happened here but it is common with married couples to not even need the will.See question
I'm the oldest of his blood line and i need to be able to know with confidence that i can make my dads wishes be kept no mater who tries to counter time is short so i need to be swift
Sorry to hear of your situation. If he has already suffered a brain death he will not be able to execute any documents. Thus if he has a will it is already set in place. If he does not have a will the law of intestacy will control which will mean that his spouse/children will have priority to administer his estate and share in his estate. You can find a local probate attorney by using the Find a Lawyer tab here on avvo.See question
My wife provided me with pocket money totaling about $4500 over the course of a year while I was unemployed looking for work. I typically file a 1040c as a contractor. Do I need to report this money as income on my tax return?
Assuming donor is a US citizen, no limitation so no tax and it is not income.See question
My mother passed away in 2009, Her father passed away in 2014. My mothers sister was the executor to my grandfathers estate who had the will changed after my mother died to remove my mother from the will so her children would not benefit. At the t...
This is a factual determination - someone changing their will and being old and in the hospital is not in and of itself proof of undue influence. If you were not present and have no witnesses to the state of mind of the testator or other proof such as medical records it would be difficult to prove the will is not valid. But that does not mean you shouldn't meet with an attorney to discuss the situation.See question
my mother gave me POA because my bother was to far away. I presented the new POA papers to my mothers attorney where she first had POA with my brother. The attorney said everything was in legal order but said he was representing my brother so I ...
It very well may be. If he was representing your brother he cannot divulge attorney-client information without your brother's permission. Is your mother still competent? If so she could ask for her own file/information back.See question
1. The estate is going for final disposition and is now stated to be double what the administrator and attorney filed in original paperwork. 2. Other similar or more profitable businesses have sold for less. 3. I never received a report from t...
The other attorneys are correct however your question was how do you contest the valuation. When the accounting is prepared and includes the valuation for the figure you disagree with you have to file in court to lodge your disagreement - in my state they call this an objection to an accounting (it is called different things in different places but it is the same idea). if you lodge that disagreement you will presumably have to provide a reason or an .alternate valuation which could involve hiring your own independent valuation expert. That alone can be quite expensive and you'll also need your own attorney.See question