Douglas C Martinson II’s Answers

there are several different types of trust. If you don't have a copy of it, you can ask the trustee to give you a copy, if you know who the trustee is. You can also look at the probate records and see if the trust was established in a will (a testamentary trust). You could also look at any bank statements or checks and see if there was a trust account at a bank or financial institution. You can also go on the State of Alabama Treasurer's website and look for lost property in your name or...

From an estate tax standpoint, there is no reason to give away your assets. There is no estate tax in Alabama and your estate is below the Federal Estate Tax limit ($5,120,000 now and $1m in Jan, unless Congress revises the law). One other consideration is for Medicaid purposes if you have to go into a nursing home. If you make this gift, it will be considered a transfer and you would not be eligible for Medicaid benefits until the penalty period expires. But if these are not...

Yes, that will allow the will to be probated sooner and without a hearing. You should get a copy of the will with the Waiver and if the will leaves assets to you, you should sign it. You have 6 months to file a claim or to contest the will if you want.

The answer will depend on whether the father had a will. If he had a will leaving him out, your son woudl have a hard time getting anything from the estate if he wasn't left anything in the will. If he died withouth a will, your son would need to file a claim in the estate that he is a heir at law. He has 6 months from the time that anyone is appointed to notify the estate that he is an heir, so he needs to move quickly on this. One other issue to consider is that if the father held all...

You don't have to have an appraisal to auction the land off or sell it. It should not take that long to get a sale or a division of the property. If you are an owner fo the land, you could force a sale through the courts. This is not the best way to get the most money so it would be best to coorperate and get an auction at a good time and a decent price. I would recommend waiting to auciton the property off until Jan. or Feb. It is not a good time to sell property during the Holidays and...

You would not be responsible for your mother's debts and your assets would not be considered for her benefits. You would just be acting in her capacity. There is a difference between Guardianship and Conservatorship. Guardianship is just over her person to make living and health care decisions for her. Conservatorship is over her assets. If your mother is competent and able to understand and execute a power of attorney, she should sign one. It is cheaper and easier than a Conservatorship. Good...

If your mother had any assets or property in her name, you need to probate the will to get that property into your name. You should also be aware that the will cannot be probated 5 years after your mother's death. If you do not probate the will within 4 years of her death, any assets of her estate will be divided between you and your sister under the intestate laws of Alabama. Most probate courts require an attorney to probate the will and the attorney fees and expenses can be paid from...

That will depend on whether she had a will and who the heirs at law are (husband, other children) and how the bank account is titled. You should see a probate attorney and discuss it.

You cannot get the house unless there is a will or if you are related. The law doesn't look at the fact that her cousins kicked her out of the house and didn't visit her. If she didnt' ahve a will it will go to her heirs at law. It would not go to the State of Alabama.

Yes, you should wait until the 6 months is over before distributing that assets. you don't know if an heir will file a claim, whether another Last Will and Testament is brought forward, a will contest or creditors' claims. If you distribute the assets and one of those things happen, you could be personally liable. You also need to make sure that all the income taxes are filed and paid. As to personal items, you can distribute those that don't have much value other than sentimental value.