My Grandpa just passed away Friday and I know he has a will. My family are very inconsiderate people already discussing who is taking what and they will make sure his will is ignored. I just want his wishes to be honored rightfully and not taken a...
You might advise/remind whoever has the original Will that they have a duty to file the Will with the court (within 30 days). Whoever is named executor of the will might want to expedite the process and take charge so that the estate is not compromised.
It's not clear from your question exactly what your own role/interest is, but you might want to contact a probate attorney directly to discuss the situation and what steps you might take.See question
Father passed away. Daughter is the exec. The only ones to receive anything in the will are his 5 living children. The 6th grown child had passed away which the will stated that none of his dead sons heirs are not to receive anything. The exec dec...
If this estate is being administered in Texas, you need to direct this question to Texas attorneys.See question
I'm filling out paperwork for my retirement account at work and I think I'd like to list my infant son as my beneficiary. If I die before he's an adult, what would happen? It's not that I don't trust my wife. I just want to make sure ...
1. If this is an ERISA plan (e.g. 401k), then you are required to name your spouse as primary beneficiary unless your spouse signs a waiver to allow you to name someone else as a primary beneficiary.
2. Based on your stated concern, you could leave the benefits in trust to benefit your wife first, but restrict access so that she you won't prematurely drain the account or name someone else as remainder beneficiary
3. As others have noted, you *can* name a minor beneficiary, but it is generally better to do so either through a trust or through a custodianship designation. Otherwise, a guardian of the estate for the minor will likely need to be appointed by the court.
This is but one important estate planning issue. Talk to an estate planning attorney about working this into your overall estate plan.See question
My grandmother passed away earlier this year, and in her will stated that what ever was left of her estate after the probate period was to be split between my brother and I, with his half being placed in a trust that I was in charge of. At the hea...
Ask the probate lawyer whether the trust was created by a separate instrument (a "living trust") or whether it is created under and within the terms of the will (a "testamentary trust"). If it's a testamentary trust, then a copy of the will should suffice. If the trust is created via a separate living trust, then you need to obtain a copy of that separate trust instrument.See question
to the best of my knowledge, she left a sizable sum in her 401k. she had just retired and passed away before she could create a will. i have no idea where to start.
In addition to checking with the treasurer's office for unclaimed property as Ms. Goldstein points out, you should also check with the administrator of the 401k plan. If you know where she had retired from, you should be able to track down who administered the 401k plan for the company. However, if you are not the designated beneficiary, you might not be able to get much information. If she had no beneficiary and it defaults to her estate, then you would need to open a probate estate to collect the funds.See question
My mother passed away last year and my sister has become the executer. She has given me no information on anything. She told me that my mother had left me a house, and now she and my sister are selling it. I have no information on how she is spend...
You might need a probate/trust administration attorney. As a beneficiary, you do have rights. You didn't mention the date of death or the terms of the trust, so it's difficult to understand exactly what's going, but it sounds like you would benefit from providing all of the info/documents to an attorney and sitting down to go over your rights and what steps you might take to protect your interests.See question
My brother has taken close to $140,000.00 from my mother she's 81 years old over the past 5 years over his personal use. For vacations etc.....
"Taking" money from another person is theft and is illegal. Being given money is not theft and not illegal.. Sometimes there is a fine line drawn between the two. If you believe your brother is stealing from or abusing your mother, then either talk to an elder law attorney and/or report your concerns to Adult Protective Services.See question
I own a home and the contents in it that I would like to leave to one son and have the jewelry and other valuables divided among the other 3. I have insurance policies with the 4 beneficiaries (children) listed. I am seperated from my husband, h...
No wills are uncontestable, online or otherwise. But your estate plan has a much better chance at holding up if it is properly prepared by an attorney.
Moreover, you do not have a simple situation. If you are still married at your death, then your spouse has rights in your estate and against your will that he can assert, regardless of the terms of your will and regardless of how the assets were acquired. There are ways to best plan what you are trying to accomplish, but again, it is not simple, and it will not be accomplished through a simple online will. An estate planning attorney can explain your options and help put a plan into place for you.See question
My aunt passed away in Peru, she had siblings. All of them are alive, peruvians and residents of Lima-Peru. She was US citizen and resident of Chicago. Her husband died a few years ago and they did not have children. The bank from Chicago con...
How much is the unsettled US estate? If it is under $100,000, it *might* be possible to use a small estate affidavit instead of probate.
If the small estate affidavit doesn't apply or can't be used, then a probate estate needs to be opened in Cook County. Intestate succession under Illinois law would pass the estate to your aunt's parents, siblings and descendants of deceased siblings. If both parents are deceased and all siblings are living, then the siblings would inherit the estate equally. The right to inherit is established through an affidavit of heirship that is filed with the probate court when the estate is opened.
The key issue though is going to be nominating a qualified administrator. Non-US residents are not qualified to serve serve as administrator. Furthermore, they would also be ineligible to appoint an administrator. But if there are nieces and nephews that are US residents they might be able to appoint and/or serve as administrator as the "nearest kindred." If that fails, you might need to contact the Cook County Public Administrator.
None of this is a do-it-yourself project. Talk directly to a probate attorney that practices in Cook County.See question
Consider that I have 1.5 Million only. Can I gift all of it in this year and document it on form 709 and file in March / April 2016? Please explain.
You *can* give away everything you have this year and report the gift(s) on a 709 next year. And unless you've used your full $5.43 mil exemption, you won't pay any gift tax.
The more important question is what exactly you're trying to accomplish. Needless to say, it's highly unusual for someone to gift away $1.5 million out of $1.5 million in property owned. In all likelihood, it's probably not a good idea on many levels and may not accomplish whatever you are trying to accomplish. I recommend you speak with both a financial advisor and attorney before taking such a drastic step.See question