Suzanne Benvenuto Simpson’s Answers

From the way you phrased your question, it sounds like you would like to add your nieces and nephewss as contingent beneficiaries to a Will you already have, in which you named your beneficiaries and Executor (who happen to be traveling to China with you.) You would want to consider amending your Will by signing a Codicil in which you would add your nieces and nephews as contingent beneficiaries should some unforseen tragedy occur on your trip that would preclude your beneficiaries from...

I send you my sympathy that you and your husband face this current challenge. I agree with the prior responder that it is important to review both the power of attorney and the trust document with an experienced attorney so that you'll be able to come up with a course of action in the best interests of your husband. If you were named as the successor trustee/co-trustee and/or agent you do have certain rights and fiduciary responsibilities with which to comply. You would want to consider all of...

Wow--sounds like an uncomfortable situation. Do you by chance have copies of the documents? Regardless, I'd suggest you discuss, confidentially, with an attorney and that you are clear about the facts to support your concerns. As your mother's primary care giver, it seems that you'd want to have open communication with your sister while she "holds the purse strings." Certainly, your sister has a fiduciary duty to exercise special care with regard to funds she manages for your mother.

While I can not speak to the law in California, generally if your grandfather passed with a Will, then the executor had a duty to file the Will with the probate court in the county where your grandfather lived. The Will would become a public document after your grandfather passed away and it was filed. So, you could go up to the clerk's office at the probate court and ask to see the file Most likely, the name of the firm who wrote the Will and Trust will be stamped on the document. Also,...

You would be best-served by talking to a Texas licensed attorney. Some states recognize holgraphic wills (hand written) if they are attested to (witnessed). Usually two disinterested witnesses are required. In certain situations, in some states, the holographic will doesn't need to be witnessed (for example, in Maryland if its a soldier in combat, and then there are still limitations). Because of the variations state by state it's important to focus on what the law is in Texas.

If the person has passed away, the holder of the Last Will and Testament must file it with the Register of Wills (usually in the county where the decedent last resided). Then it becomes a public document. So, you could go up to the Register of Wills office and request to see it. Also, the Register of Wills would send you "Notice" as an "interested person" that the Will was filed. If the person has not yet passed away, then you don't have a right to obtain a copy, in fact the executor may not...

You are correct that a letter to the lawyer, even if notarized, may not rise to the level of a formal codicil, which is the appropriate way to amend a Last Will and Testament. You may want to have an attorney review any documentation concerning the legal entity of your Uncle's shipping company: Operating Agreement, Shareholder's Agreement, or the like. You'll also want an attorney to review the letter and the Will. That will allow the attorney to have all the pieces of the puzzle before...

As with most things in life, it depends....do you have an employement contract? How large is the organization you work for? What is the sick leave policy? Have you been out longer than the sick days you accumulated? There are several factors that must be considered when determing whether or not termination is justified...and in some states employees may be terminated without cause. You state that your employer is calling you on your cell phone while you are out sick...perhaps he has a question...

If you mean must you accept a bequest made for you in a Will or Trust, there are circumstances in which you may "disclaim" the bequest. That may mean that the bequest skips you and passes to your children, or it may mean that the bequest passes to another party instead, it depends on your particular circumstances and what is stated in the Will or Trust. You may have to file a "Disclaimer" document with the probate court where the Will is being probated (even if a Trust is involved) and in some...

It makes sense that if there are no assets there is nothing to probate. However, in most states, if you have the original Will in your possession, you are required under the law to file it with the probate office in the county in which the decedent lived. In Maryland, for example, you would file the Will and include a form stating it was a "Will of No Estate."