My dad is a snowbird. I drove him down to his girlfriends house in Florida last year. He had a stroke and has passed away. I have been appointed executor of his estate. I have asked her for my fathers hand gun, she said it was there's , I told her...
I agree entirely with my colleague. Unless it is very valuable, it may be more expensive to try to get the gun than it is worth. Even though you are the Executor, typically the spouse will be entitled to the assets of the estate unless the item specifically designated to you in the will.See question
i can't pay the bill, because i have no job or income coming in. they classified it as a unclassified misdemeanor.
It is difficult to answer this question without more facts about the situation. I agree that usually this does not become a criminal matter until a certain period of time has elapsed. Your best bet will be to explain your situation to the Court and see if you can work out some sort of payment plan. Usually this works out best for both sides. But if you can work out a payment plan, make sure you stick to the payments.See question
Death benefits are not taxed as income but can affect eligibility for VA or other benefits programs that are means-tested.See question
My mother is bi polar and was diaginosed when she was 20. We were taken form her when my sister and I were little. Now she is must Worse she hardly ever leaves her bed let alone the house this has been going on for at least 5 years now. Has tired ...
A guardianship is likely the only option. As my colleague explained, you cannot make her do anything without the intervention of a Probate Court and the appointment of guardian. This is a very complex legal matter and I would suggest working with a local probate attorney who can guide you through the process.See question
My father was, I believe, duped into believing he could discharge his mortgage using acceptance for value. He had named me as Trustee on his land Trust. I received a notice today that his house is going to court for foreclosure and I have 28 days ...
As the trustee, you have the right/ obligation to act on behalf of the trust as the manager of all trust assets. I think that you need to consult with a real estate or trust attorney to discuss your options. That is a very complex situation and your next moves can be very important. The biggest question is what the value of the mortgage is and do you have the resources to satisfy it? You may also have the right to assume the mortgage as the trustee and agree to make the payments on it. That depends on the terms of the trust and the mortgage. There are specific Federal laws that can be used to prevent a foreclosure but it is hard to know if they apply without knowing more about the specifics.See question
I'm the successor trustee and sole beneficiary in my parent's Revocable Living Trust. Will I need to supply a government agency or someone else with a copy of the Living Trust in order to, for instance, change the title of my parent's property aft...
All that is typically needed is an updated Memorandum or Certification of Trust that states that due to your parent's passing, you are the sole trustee and therefore are access and control all the trust assets, bank accounts, vehicles, real estate, etc. The Memorandum will provide a history of the trust stating when it was created, who the initial trustees were, that you are now the current trustee and that your powers are (as provided in the trust). You also usually attach a copy of the death certificate to this memorandum as well as the tax ID number for the trust.
You will only need to show this memorandum to finanancial institutions in order to access trust accounts or when selling trust property. The trust typically does not need to be filed with a Court or put on record anywhere. That is one of the benefits of a trust, it keeps the family business private.
Upon my mothers death, I came to find out that the trustee (my sister) had removed all the contents of her home,quick claim deeded the property to her husband , and told my brother and I that there was nothing in the trust and made several threats...
A beneficiary of a trust that becomes irrevocable is usually always entitled to a copy of the trust and an accounting from the trustee to show that trust property was distributed according to the terms of the trust. If you have requested this from the trustee to no avail, I would suggest that you seek the assistance of a trust attorney who can help you enforce your rights as a beneficiary.See question
my. she aunnt passed away there was a will but some one took it. the two lettters that were sent not i never got was about cleaning her house out. the letter to finalise her estate i did get at the same adress the court always had from day one....
This sounds like a very difficult situation with a lot of details that need to be sorted out. I would strongly suggest that you seek the help of a local probate attorney familiar with the rules in that County.See question
Generally, if the Will nominates 2 people to serve as Co-Executors and both are willing to serve they can be appointed by the Probate Court in that county. However, it can depend on the Court's local rules. Some Courts will only permit in-State Executors, or require out of state individuals to post bond. It is important to remember that being named as an Executor in the will does not mean that you are automatically the Executor at the decedent's death. You must be appointed by the Court. Before that can happen, a proper application process must be completed.See question
My Adult (20) Legally blind daughters father just passed away. She was living with her dad when it happened and he recently just married a woman in november. She wont allow my daughter to live in the home anymore, can she sue for damages?
It is going to depend on the outcome of the probate proceeding. Your daughters rights as well as her step-mom's rights are going to be determined either by the terms of the will or the laws of intestate succession. This is a very complex situation and I urge you to seek the advice of a probate attorney.See question