The executor of my father's estate is sueing me for monies owed to the estate and an IRA that I am beneficiary of. It is filed in Brunswick county NC and I live in SC how do I handle this situation
Family law is related to divorce - not probate disputes. No, you do need a good probate lawyer, though. I think since you are in Myrtle Beach, I can refer you to an attorney-friend of mine who used to be a probate judge and practices probate law there now - Deirdre Edmonds. I am not sure why they would sue you for an IRA - that passes outside of probate. Deirdre, or any other AVVO attorney in that area. will be able to advise you.See question
My husband was murdered recently, and we were separated when it happened. I'd like to file for his life insurance, and ssi for our three children. Is this possible? His murder was in the news. I don't know what to do. Thank you.
I'm sorry for your loss. If the Life Insurance does not name a beneficiary then it is possible that you and the children will receive it as their inheritance. SSI is not a transferable asset, so the children will not receive SSI unless they apply and qualify for it. There are SS survivor benefits, if he has accrued them through his work history.See question
Is the successor trustee in this case the trustee of the revocable living trust now?Is there any legal formality to be done to become the trustee instead of the demented trustee?What is to be done w/the bank accts and properties?
First off, what does the trust state? And, who "declared" the Trustee demented - that is not a legal term used by any court I have ever heard of here in Florida. Presuming that the initial Trustee was the Grantor of the Trust (and, most likely, its primary beneficiary), there should be some sort of means by which "incapacity" is determined. Make sure that the trust instructions are followed, to the letter. Then, once that is done, the Successor will have to establish, through a Certificate of Acceptance, that they are now the Trustee. The properties and bank accounts should have allowed for the existence of a Successor, but I would HIGHLY recommend that you hire an attorney to review the matter and provide the legal documents necessary to effectuate the changes needed.See question
It happened to me and SSA wants the money back. The ALJ heard the case and ruled "...there is no provision in the law for the United States government to provide compensation during this extraneous event. Such an outcome would have the unintende...
Attorney Quick gave an excellent response. And, as to your statement about the "role of SSA" it is not to provide benefits because your union is on strike. Unfortunately, these things happened concurrently, but as the judge states, there is nothing in the law that would make union-members exempt from other provisions of the SSA rules that others must follow. It may still be worth appealing, but I would find grounds other than those you have already presented regarding the strike. That is a non-starter.See question
Grandmother passed away, with no legal will. Her home was left to her as a life estate and now goes to her step daughter. All she has are possessions in the home like trinkets, jewelry, televisions, movies, furniture, and a vehicle. She had no deb...
If the step-daughter is the remainder on the Life Estate, then she is now the owner of the home, as a matter of law - not probate. No, in your example, since there is no will to file, and no bank or investment accounts, her personal items can be divided among the family. However, so that it doesn't become an issue down the road, you should contact a probate attorney for a review of what you are calling "trinkets" to see if the court needs to become involved.See question
My brother is the executor and my understanding is that he must file the will with the court. If the will is ruled invalid, it goes to probate court which administers the will? If will is valid, can my brother act on his own in distributing asse...
In Florida, the "executor" is known as the Personal Representative (same party). Whether the will is valid or not, FL requires that it be probated, excepting in a very few circumstances - none of which would seem to apply here. No, the PR is NOT allowed to just play Santa Claus and pass things out as he sees fit, he must honor the distributions that are specified by the testator. Additionally, in FL an attorney is required when there is more than one beneficiary and when the estate is probated within two years of the testator's death. The court will require a complete list of assets and a final accounting showing what has been done before signing a final court order of probate administration.See question
I was looking through some paper work about a second property my family owns with an instinct it was supposed to be left to me after my mother and grandfather died. Both have been gone for over 2 years. My grandmother will not let me stay at the h...
You are going to have to seek the advice of an attorney where you are. They will need to thoroughly review the POA (which sounds like it may be invalid) and the trust agreement. Even if the property was left in trust for you, your grandmother, as trustee, has certain legal (and fiduciary) duties to you as the beneficiary which require her to a) follow the directions of the trust, and b) give you a copy of the trust and an accounting of the property in trust for you. Your attorney can insist that she do so. Good luck.See question
CAN A PERSON NAMED IN THE LAST WILL & TESTAMENT BY THE TESTATOR AS HIS/HER EXECUTOR ALSO BE LEGALLY ABLE TO RECEIVE PERSONAL ITEMS FROM THE TESTATOR IN A WILL ?
Yes, the testator can leave their property (pretty much) to whomever they please, with exceptions for homestead, spouses, and minor children. The fact that they have named someone executor (or personal representative) does not preclude them from leaving them the whole estate, if they wished.See question
A PERSON I KNOW WHO WAS BORN IN JAMAICA AND HAS LIVED HERE IN THE USA FOR OVER 20 YEARS.....NOW COLLECTS SS CHECKS AND SEEMS TO BE ENTITLED TO MEDICARE, AS SHE HAS A MEDICARE HMO POLICY. HOW IS THIS POSSIBLE IF SHE IS NOT A CITIZEN OF THE USA. ...
So she has worked here for over 20 years, contributing to our GNP - now, what is your issue with this?? What advice are you seeking? I'm not certain from your posting why this is your concern...See question
My uncle left will with a friend. They gave will to me. So can I open and read.
Is your uncle alive??? If so, I would recommend doing him the courtesy of informing him that his "friend" gave the will to you and ask him what he wants you to do with it. If it is an original will, it will need to be protected to preserve its contents for probate - otherwise, his estate may be distribute as "intestate" (without will). If he has passed and it is the original will, you will need to file the will in the probate court in the county where he resided at the time of his passing.See question