George M. Smrtka's Answers

Can an executor change dispursements of the will?

You are raising several questions that we typically see in some estate situations. The relationships between siblings seems to be amplified when one sibling is the executor and other siblings don't have much control. This is a "human nature" aspect of estate administration that attorneys recognize but often cannot do much to change it. First, I would ask A to make and give a copy of your mother's Will to each of the siblings. If A is controlling, you may have to find a way "to put the...

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House from estate left in limbo

Your situation presents several issues that I recommend you retain a Tennessee attorney for assistance in resolving. You are correct to be concerned that the rent-free "tenant" could try to make some type of claim to the house, especially if they are paying the real estate taxes. The Trustee, and not a beneficiary, is the party with legal authority to rent the home pending the outcome of the claim against the trust litigation. The heir that permitted the party to live in the house does not...

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What is the difference between a power of attorney and Court appointed guardianship of the persons estate and person?

Frequently, definitions of terms can cause problems with some business entities. Many States probate or surrogate courts appoint a "Guardian" of the person and a "Conservator" or some other like term to designate the person who has court authority to deal with the assets of the incapacitated person. It appears that Nevada courts use the term "Guardian" to cover the name of the fiduciary who has responsibility of the person AND the assets of the incapacitated person. You, or your attorney,...

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Can an "in trust for" bank account be forced to pay off credit card debt of decedent?

If your sister was not on the decedent's credit card, she should not have any liability to pay off the decedent's credit card debt. The "in trust for" or "ITF" designation on the bank account is similar in legal nature to naming a beneficiary on life insurance. The life insurance proceeds usually pass directly to the named beneficiary and that beneficiary has no liability, as beneficiary, for the decedent's debts. I hope that this helps. Good luck.

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In the process of filing a living trust. Wondering if my life insurance policy should go to the trust or my husband directly?

I second Christopher Cauble's answer. Reasons for naming your trust as beneficiairy of your life insurance are very fact specific to each individual's situation. For example, if you anticipated that your spouse might be nearing legal incapacity because of the onset of dementia, you would certainly want to consider naming your trust as the beneficiary of your life insurance, instead of your spouse. Unfortunately, estate planning advice cannot always be given out in a general fashion. Each...

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Will an affidavit of heirship suffice to transfer ownership of a home of deceased parent if no one else can contest it?

Your question can best be answered by contacting a local title insurance company. The title insurance company will advise you as to whether an Affidavit of Heirship will work. The title insurance company can also review the Quit Claim Deed and tell you why it was not enough. You may have to probate your mother's home. If so, contact your local bar association or a member of the Trust Department at your local bank for a reference for a good probate attorney in your area. Good luck.

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How do I relinquish "executor" status of my mother's estate? Is it even possible to do so? I'm in PA. Thanks.

You would have to file a request with the probate or surrogate court handling your mother's estate for permission to resign. It sounds to me from the facts that you have stated that the judge would allow you to resign and the judge may appoint a public administrator to try to get the house sold. Good luck.

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My wife passed away ,am i liable for her debts if she was the only one on them. there is no estate or any thing else.

Normally, you would not be liable for your wife's debts. However, if you had the right to use her credit cards, you could be liable on those credit cards. You should make several photocopies of her death certificate. When you receive a bill that was in her name alone, send a photocopy of your wife's death certificate with a short form letter. The form letter should indicate that she left no estate and ask that the account be closed, and refer to the fact that you are enclosing a photocopy...

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If a married person is mentally incompetent to make decision, what rights does the spouse have if a POA is someone else?

The answer to this question is State specific, that is, you need to know what your State law allows a spouse to do in this type of situation. In most cases, however, if the competent spouse can show in a court proceeding that the POA for the mentally incompetent spouse is NOT acting in that spouse's best interests, chances are very good that the Probate Judge will invalidate the POA's authority. Remember, though, that court proceedings can be very expensive and non-court avenues of resolution...

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Can the heirs get the money from this account?

You will need to consult with a Tennessee attorney to determine how strong your claim is to the checking account as surviving joint owner. Many States have banking laws that presume that the surviving joint owner on a bank account is the legitimate owner of the account. However, these banking laws were put into effect to protect banks from being sued if they paid the balance of the account to the surviving joint owner. It would seem logical that if the State banking law allows the bank...