Leigh Hilton's Answers

Trust Dispute-I and my three siblings are beneficiaries of our parents estate. Now that the estate is settled, our two brothers

You could hire an attorney to demand a copy of the trust. The trust's terms will determine your rights.

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My father passed away in December and the only will we could find was unsigned and un-notarized.

Did the ccounts have a P.O.D. beneficiary, if so it may be possible to get access to his assets without needing court involvement. If the writing is entirely in his handwritting it could be probated as a holographic will. If it is typed and unsigned then you will need to do a determination of heirship.

Verbal will recordrd conversation where deceased indicated some property he wanted given to a friend. is this a case for friend?

Oral wills are not recognized in Texas.

Who is allowed to cash the check from a irrevocable life insurance trust? The grantor or trustee?

The trustee should cash the check and then disburse it under the terms of the trust.

Seeking guardianship of 15 year old m I have raised as my niece since her mother was killed by her father, grandma has custody

Are you seeking guardianship of the niece? If so,contact an attorney in your area. The attorney can help you make sure the niece's money is used only on the niece.

Does the money to the beneficiaries of a surrendered Irrevocable Life Insurance Trust have to declare this as income?

It would be a good idea to ask a CPA that question. There would only be income tax if income was earned. There might be estate or gift taxes

Mother is 60 yrs and physically and mentally disabled. She is currently an outpatient in a neuro rehab (former Dallas teacher

If the proceeds are spent for her care, then it is not a transfer. There are ways to protect a portion of the proceeds from having to be spent prior to the medicaid application. It would be worth meeting with an attorney who specializes in Elder Law to discuss Medicaid planning to protect some of the money.