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Charles Alan Amen

Charles Amen’s Answers

33 total

  • Do step children have any claim to proceeds from sale of house that was purchased by mother and step dad about 25 years ago.

    Mother has recently passed and there was no will or trust in place.

    Charles’s Answer

    Not enough facts to answer the question. If mom and step dad bought the house 25 years ago and titled the house into both their names as community property, then the house ownership would pass to step dad upon mom's death. Her kid are out of luck. If the house was titled to just mom, or mom and step dad as tenants in common (probably unlikely) then the house (or mom's 1/2 the house) would pass to her intestate heirs which is step dad and her children.

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  • Picking between a Last will and testament or a Living Trust

    I want to make sure all of my assets go to who I have listed as watching over my things, House, insurance, cars, everything I own.

    Charles’s Answer

    You can do an estate plan using a will, and chose who will handle your affairs when you die, and who gets all of your assets. You can even control when and how someone inherits by putting a testamentary trust as part of your will. The downside of an estate plan by using a will, is that your estate has to go through probate, which is a costly and lengthy legal procedure that people want to avoid.
    A living trust can do the same thing as the will. It will direct who is in charge of your affairs after you die and after you become incompetent, direct who inherits and can control when and how they inherit. But a living will is created while you are still alive, and avoids probate.
    You should educate yourself about living trusts and see an estate planning attorney about helping you create the estate plan you need.

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  • Will my mother be in any legal trouble by repaying money owed to son?

    I have been supporting my mother by giving her $250 cash every month for the last 20 years with the understanding that I will be reimbursed when she sells her home. She is ready to sell now to move to an assisted living home. She has no other in...

    Charles’s Answer

    Several issues are in your question. The one is about your mother applying for what I suspect is VA aid and attendance, which is a VA pension for widows of war veterans who are spending their income on care. The expense to the assisted living can count as spending income on care.
    She can have less than $80,000 and get this pension. If she sells her house after she applies for the VA, the VA would be concerned if she had too much money. But they won't care if she pays you back what you loaned her.
    Who might care of what you are doing with your mother would be other heirs, like your siblings.
    If you don't have proof of this "loan" someone could object to you taking her money for yourself, and accuse you of financial exploitation of the elderly..
    Another person that would care is the state, in case you are ever wanting to apply for Medicaid in case she has to go into skilled nursing. Without written proof of the loan, Medicaid would consider the transfer of the house money to you as a gift from mom to you, and impose a penalty of a period of ineligibility for Medicaid, even if she is broke.
    The things that you are trying to do with your mother are full of danger areas, and you should talk with an attorney who specializes in elder care and benefits.

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  • Citation on petition for formal adjudication

    I just received one of these, I'm unsure what it is, my dad passed away in 2010. Now it just about the estate of my father going to my mother. I'm just guessing that what it is? Or is other family members saying they want the house? I'm very confu...

    Charles’s Answer

    Your question cannot be answered without speculating what your citation is about. If you opened probate for your father and was named executor, someone may have filed a petition for you to complete your job, and when you failed to respond to the petition you were issued an order to show cause. Then when you failed to respond to the court order, you are cited for contempt of court. You should take the citation to a probate attorney and ask for his assistance in resolving this matter.

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  • If I buy a house cash using 401K funds, do I still have to claim the cost as additional income? Does one also pay sales tax?

    I'm 64 years old. I'm still employed and plan to be for another 3 years. I live in CA and the house I'm interested in is in another, so I would need to keep my current home until then, when I would sell it. I haven't been in the house market fo...

    Charles’s Answer

    If you take money from your 401K you will pay income tax on that distribution. It doesn't matter what you spend the money on, it is taxable. There is no sales tax on buying a house, unless the "house" is a mobile home and is purchased as a vehicle and not real estate. You will have to pay property taxes on the house you purchase, but not sales tax.

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  • If a deceased has a Will and Trust is there any need to go through probate in California?

    And if no conflict exists among heirs or beneficiaries, is an attorney necessary?

    Charles’s Answer

    What property that has to go through probate is any asset that is titled (owned) by the decedent. If the asset is titled (owned by) to the trust, there is no need for probate. Many times a person has a trust but never funded it with everything, and there still needs to be probate for those items. You should consult with an attorney regarding trust administration and possible probate.

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  • Fraud

    Here is more information for a previous question that was posted: When a relative was sentenced to prison, he deeded real estate and stocks to our mother in order to hide the asset from the state and DOC. This was without my knowledge that thi...

    Charles’s Answer

    not having the whole question might make this answer inaccurate, but if your brother gave the house to your mother, and then your mother died without a will, it would not pass 100% to your father and would not do so without probate. in any event, if the house was inherited from your father from his wife, and then died, the house would pass to his children, unless he had a will that said otherwise. This would require probate as well. So his children (i assume by the question there are 3 children) would each own a third of the house (or at least would own it with clear title after probate). Your ex prisoner brother knows this, that is why he is trying to get each of you to give him back the house that used to be his. If your other brother signed a deed quit claiming his interest in the house to other brother, that is what he thought was fair, I suppose. I think that you own or can own after probate a 1/3 of the house and if you don't want to give it back to your brother, don't. You could force the other owner to sell it with you or offer to let him buy it from you.

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  • A PERSON MARRIED TO HUSBAND # 3 FOR 15 + YEARS . FILES A PETITION TO PROBATE , USING HUSBAND # 2 LAST NAME IS THIS LEGAL .

    CAN THIS PETITION BE DISMISSED FOR THAT REASON , AND CAN IT BE REFILED AT A LATER DATE WITH HUSBAND # 3 LAST NAME, CAN YOU STATE A COURT CASE WHERE THIS HAPPENED.

    Charles’s Answer

    If the person was married to husband #3 and kept her last name the same as husband #2, she still is the spouse and can file the petition. Or if she changed her name back after husband #3 died, she is still the spouse and file the petition. I don't see why the petition would be dismissed rather than have the petitioner change the petition to her legal name.

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  • Who is entitled to a insurance policy after passing?

    I have taken over legal guardianship of my cousin after the passing of my aunt. I recently found out my aunt left her daughter an insurance policy thru her work. When I called and spoke to the company they advised me that all correspondence ...

    Charles’s Answer

    If the daughter was named as the beneficiary of a life insurance policy, her guardian should submit the claim for her money. I don't know why they would have send the claim information to the insured's executor unless there was no beneficiary named and it would be payable to your aunt;s probate estate. If your aunt has and executor of her estate, you should call him/her and see if they got the paperwork, and see if your ward was the named beneficiary. If so, get the claim form from the executor and file the claim for your ward. You might have to open a conservatorship to go along with your guardianship in order to receive the insurance proceeds for a minor or incompetent beneficiary. You would need to see a lawyer about that (probably the one who helped you with the guardianship).

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  • I need a lawyer who handles estate problems.

    my mom just died and her brother, my uncle ended up with all my moms things both personal and money, stocks, sold her things gave her car away. i just now got copy of death certificate. he will not talk to us tell us anything just said tha...

    Charles’s Answer

    You need a probate attorney in Missouri to help you. Your question contains a lot of unknowns, including in what Missouri county your mother died. The attorney could find out the status of the probate case, if one was even opened and if there was a will, whether there are grounds to contest the will. If there wasn't a will, then you children would be the beneficiaries, and not your uncle. From what you describe, if there was a will it sounds like she may have been incompetent or there was undue influence by her brother to leave out her children. However, there could have been a trust, or bank accounts which were payable on death to your uncle. As I said, a lot of unknowns. Being out of state, you will need someone to help you. . You should find an estate planning attorney who practices in the county which would have jurisdiction over your mother's case.

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