My brother died. Has no children or grandchildren. Mom is alive but is 94 and incapacitated. No will for brother. There are 7 other brothers and sisters of my deceased brother. Can I nominate myself as PR or is mom the only choice? Thanks
I assume your brother has no spouse also. Your mom has priority as PR. She will also be the one inheriting the assets. Does she have a conservator or power of attorney? That person should be able to decline her priority and then all the siblings would have equal priority to act as PR. Many of us offer free consultations if you have additional questions. KenSee question
My father passed - with a will - and named my brother as executor. 9 months passed before my brother submitted paperwork to probate court but he gathered and distributed significant personal property and cash long ago. Court says paperwork flawe...
If there are assets just in your dad's name they will need to go through probate. If your brother is no longer willing to act as personal representative then you or someone else will need to take over. You should hire a probate attorney to at least see where things stand and what your options are. Many of us offer free initial consultations and can do this for you. KenSee question
The parent has died, there are two siblings. One is Trustee, the other Personal Rep. The Trustee found a bank asset that did not have beneficiary or joint noted. The bank is requiring Letters of Authority from the PR, even thou, the Tr...
The account with just the parent's name will have to go through probate. Depending on the dollar amount there may be a smaller proceeding available.
The joint account can be closed and split between the two kids
Many of us offer free consultations to assist or answer more in depth. KenSee question
Mom had gone to a lawyer and created a Will about 10 years ago. About six months after, , she decided to make additional changes to that Will. She went back to the lawyer and had an amended Will created. Then about 5 years later, becoming qu...
A new Will would revoke a prior Will. However, an amendment to a Will, which is called a Codicil, just replaces certain portions of the Will.
The house would only be in the Trust if a deed was done conveying it to the Trust.
Many of us probate attorneys offer free consultations should you have additional questions. KenSee question
My mother left no will and the title to her house was still in her name. She died in the process of selling her house, which we were doing to help with her stay in assisted living. I had power of attorney which is now null and void. I'm not even s...
A probate estate will have to be opened for the house to now be sold. Depending on who the heirs are, someone will be appointed as personal representative and split the proceeds of the house and other assets. Usually a purchase agreement says that it remains binding even if the party passes away. Many of us offer free consultations and would be happy to speak with you further about this situation. KenSee question
Probate or go directly to children through wife's estate. No Wills.
Unfortunately I believe a probate estate will have to be opened for both the wife and husband. That is the only way for the title to the home to be clear. Many of us offer free consultations to discuss this in more detail.
My mom has died In 2014 (dad no longer living) & have been appointed as Trustee. I filed her recent tax filing for the State & IRS. with mom's accountant. I have had conflicting comments as to setting up an EIN number. Is it necessary?
If the Trust is to continue in existence, receive interest or dividends, or any Trust assets are to be sold, etc, then you need to get an EIN. I suggest you discuss the Trust administration with an attorney. Many of us offer free consultations. KenSee question
Does a beneficiary have the same right to an attorney with the estate paying for it? My parents trust says trustees may hire professionals, but does not say anywhere about beneficiaries hiring professionals. What is the beneficiaries rights to this.
As trustee, you can hire an attorney and the attorney will be paid by the trust. A beneficiary can hire an attorney but will have to pay for the attorney on his or her own.See question
A family member has just passed away. The deceased did not want family to go thru Probate Court. There is both a Trust & Will. Appointed myself as PR & sibling as Trustee. Who has more authority? It also states the Trustee is entitled to reas...
The PR will be in charge of the assets in the probate estate if any and that administration and the Trustee will be in charge of the assets in the Trust and the trust administration. Usually in my experience they are the same person but obviously this is not the case in your situation. This does raise several issues and I suggest you speak to an experienced probate and trust attorney. Many of us offer free consultations and are there to help. KenSee question
My father passed away years ago so my mother ( 87 Years) wants to leave her house to my brother's and me and isn't sure if she should add our names to the deed or leave it to us in her will. She lives in Florida and 2 of us live in Michigan and on...
Since she lives in Florida I think it would be best to post this question to Florida attorneys on avvoSee question