The executer of the estate has delayed 2 and 1/2 years in settling the estate. ? to get as much interest as possible before distributing the assets to the other beneficiaries. Can anything be does to make the executer settle. There are no pendi...
Whether the stock can be cashed by Executor or must be distributed in kind depends on the terms of the Will,
To force an Executor to finish settling the estate is a very difficult task. There could be many reasons that the estate is still in probate, and you would need to hire an attorney to petition the court to replace the Executor for malfeasance or nonfeasance, which is a very difficult and expensive task. Consult an experienced Elder Law attorney who does probate litigation to get advice about this type of litigation. You would never file a petition in a case such as this without first having an attorney write a letter to the Executor or the Executor's attorney inquiring as to what is causing the delay, if anything.See question
I have a family member who is on hospice. There are some things he wants done but didn't create a will. There are times he is alert but family argues he's not coherent or he's heavily medicated, but it's because they have their own selfish gains f...
You cannot prepare a written Will for someone else unless you are a lawyer. Doing so would be a crime called the Unauthorized Practice of Law. There's no such thing as a video Will, but the actual signing can be videotaped. However, this is not always a good idea. Contact an experienced Elder Law Attorney for advice specific to this situation.See question
Three children (all 50+) 2 in state, 1 in Washington State.
Any Estate Planning or Elder Law Attorney can write the documents you seek. However, the question you should be asking is: what documents are appropriate for me in my situation? A Will puts your estate through the nightmare of probate, and is often not the most appropriate method to leave assets to your children after death. A revocable living trust is the most common way to distribute your assets after death outside of the probate system. Also, given your age, it may also be wise for you to consider a Medicaid asset protection trust. You need to speak to an experienced Elder Law Attorney to determine the specific needs for your specific situation.See question
I am the independent executor...another family member inherited the home, subject to the mortgage. Was told by probate lawyer (in TX where the home is located) that now that the six month period is over and the mortgage co. hasn't made an election...
You need to repost your question using a Texas address so it will be seen by the proper attorneys.See question
A copy of a Will, for my mom, was discovered. The copy was not signed however it was stamped by the County Clerk as being filed. My mom is still living. But when a search of her social security number was processed at the bank, an account was goin...
If the Will was never signed, it does not exist as a valid Will. How it got stamped "filed" by the court is a mystery, or a fraud. Your biggest concern initially is contacting Social Security to inform them that your mother is alive. There have been hundreds of people accidentally declared dead in the Social Security master database. Sometimes this is a keystroke error by somebody working at Social Security, and sometimes this is fraud. But this is what needs to be fixed immediately. Please see this article (http://priceonomics.com/what-its-like-to-be-declared-dead-by-the), and call Social Security and find out what you need to do to prove that your mother is alive. You will probably need to bring her physically into a local Social Security office and be sure she has her drivers license and passport or some other official photo ID. At the same time, your mother needs to go to an estate planning attorney and prepare and sign a proper Will or Trust.See question
Can I fill out the forums for changing my first name online without going to court and get approved that way? Or is there a way to just mail it to them?
No. A court appearance is required.See question
My Mother died and left her daughter her house (which the daughter currently lives in in the state of Virginia). My Mother also left about $10,000 in credit card debt- solely hers. The state is Virginia. If there is not enough cash/liquid assets...
You need to meet with a probate attorney as soon as possible. You need to bring in your mother's will or trust for the attorney to review. There is no way anyone can answer your question without reviewing the relevant document that left the house to your mother. Do not go to court or have anyone else go to court to become the executor or administrator of her estate until you have spoken with an experienced probate attorney.See question
My sister did not use my mothers legal name at death. She was buried with maiden name and the last name of first husband. She remarried and used her second husband's last name as her legal name of the last 65 years of her life.
I am not aware of any Virginia laws governing the name that "must" appear on a tombstone (but there may be such a law that I am not aware of). Typically it is left up to the person who is making and paying for funeral arrangements. However, common sense would dictate that the funeral home should use some due diligence to determine the true name of the person that they are burying, and typically this would be the same name that appears on the death certificate, which is always in the possession of the funeral home. If the funeral home allowed a marker to be purchased using a name that is different from the name on the death certificate, then you may have grounds for a civil lawsuit against the funeral home and against the executor who paid for the incorrectly-engraved marker. If the funeral home allowed a marker to be purchased using a name that is different from the name on the death certificate, then you may have grounds for a civil lawsuit against the funeral home and against the executor who fraudulently (you would allege) ordered the incorrectly-engraved marker. If this is something you want to pursue and have funds to pursue, you should locate a probate attorney who handles litigation, or a general civil litigation attorney. Good luck with your battle, and sincere condolences on the loss of your mother.See question
Do I have to put up a security bond? How long do I have to do it after civil trial in circuit court? Does it stop any sale of real estate and disbursement of any money until the appeal goes through? In other words does everything stay the sam...
I have changed the topic of your question to litigation so that it will be seen by the proper attorneys.See question
I'm divorcing and want to change the beneficiary of my estate from my spouse to my two sons
All the answers are correct, but limited because they are only answering your specific question, which is the wrong question to be asking, because you are assuming in your question that a Will is a good estate planning tool, which it is not. A Will is a ticket the "nightmare of probate." Most people in the Northern Virginia area use at least a Revocable Living Trust to avoide the nightmare of probate. And there is also the question of your age and health, which may cause you to consider using a Medicaid Asset Protection Trust instead of just a Revocable Living Trust. Bottom line -- you need to meet with an experienced Estate Planning / Elder Law attorney who can assess your specific situation and make a specific recommendation before deciding what you want to do, as it is not necessarily as simple as just changing beneficiaries on your Will. Many of us experienced Estate Planning / Elder Law attorneys offer free initial consultations so you have nothing to lose. A few of us also offer educational seminars that you would be wise to attend.See question