Loraine M. DiSalvo's Answers

Should I sign a Petition for Discharge as Executor for my uncle concerning my Grandfathers estate?

You should ask for more information regarding the estate. You should also consult your own attorney. Something is very odd.

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All property was left to my mother but a trust was set up in my name can i get the trust I'm one of the beneficiaries

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. My condolences to you on your loss and your hard times. The only answer I can give to your question is "Maybe." Whether or not you are entitled or permitted to receive assets from a trust at this point in time depends on a number of factors. The most important questions are (1) what does the trust actually say, and (2) what assets, if any, are...

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Does the term residuary estate refer to stocks, money market accounts, and insurance policies as well as my home and vehicle?

The term "residuary estate" means every asset you own which: (1) becomes part of your probate estate at your death, (2) which is not subject to a specific bequest in an earlier part of your Will, and (3) which is not needed to pay your debts, estate administration expenses, and any taxes. If an asset is subject to a right of survivorship or a beneficiary designation which does not designate your estate as the beneficiary (beneficiary designation includes payable on death and transfer on death...

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In tne state of Georgia, can an executor legally execute a will without filing it in probate court?

The items you point out are intended to reduce the involvement of the probate court after the Executor has been appointed; they do not authorize someone nominated as an Executor by a Will to act without first getting legally appointed by the probate court, which requires submitting the Will for probate. It might be possible that the "funds" are set up in either joint accounts or accounts subject to "payable on death" or "transfer on death" designations or other beneficiary designations, so that...

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Do I need to keep the house in my Dad's name?

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. Having your father's name on the house causes it to be exposed to any creditor problems he might have in the future. For example, if he ends up with large medical bills which are not covered fully by insurance, those creditors could come after the house. If he ends up needing to go into a nursing home in the future, and needs to receive Medicaid...

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Step Mother claims there was no Will...help?

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. My condolences to you on your loss. This is a question you need to ask of an experienced Ohio estate and probate attorney, as soon as possible. In fact, you should have consulted an Ohio attorney back when your father died, so that you knew what your rights and interests were before now. In general, adult children do not have any guaranteed right to...

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Do I have to probate my husband's will?

My condolences to you on your loss. I am going to assume that you and your husband had your primary residence in Georgia. If your deed does not specifically state that you and your husband owned the house with rights of survivorship, as "joint tenants" or something very similar, then yes, you probably need to probate the Will to transfer the house to yourself. I very strongly recommend that you consult a lawyer to ensure that you know what to do and how to proceed.

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MY MOTHER PASSED AWAY IN 2008, I NEED TO FIND OUT ABOUT HER WILL, HER NEW HUSBAND WANT TELL ME NOTHING.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. Please accept my condolences on your loss. I do not understand why you are trying to find out this information now, however, if your mother passed away in 2008. You should have tried to find out this information at that time. If your mother had her primary residence in Georgia at the time of her death, you should be able to contact the probate...

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Uncle "stealing" from family after grandmother's passing?

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. Based on your explanation of the situation, it actually sounds like your uncle may have been stealing from your grandmother before she died, or at best pressuring her in bad ways. Your mother (who appears to be one of two heirs of your grandmother if she and your uncle are the only two children) will need to get an attorney, preferably one experienced...

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Can I petition for executorship of my father's will if the appointed person doesn't have the funds or mental capacity to

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. I am not actually certain from your question, but if your father is deceased and the appointed Executor under his Will does not want to or is unable to take on the role, then the successor Executor appointed by the Will would normally be able to step up and take on the role. If the original Executor has already been appointed, that is a different...

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