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Matthew Jason Majors

Matthew Majors’s Answers

8 total

  • My step father died and my mother still lives in their home. will she be allowed to live in her home through the probate procedu

    She wants to remain there with all their posesions until she dies. Is this posible?

    Matthew’s Answer

    It largely depends upon how your step-father's estate is to be distributed and the Executor of the Estate. If your mother is not a beneficiary of the home, then she will likely not be able to remain in the home until she passes away. She may be permitted to remain in the home until the probate procedure is complete, but this is up to the Executor and she also may have to pay rent to the Estate.

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  • My Father has passed and Mother was told that she had to change house to her name only. Everything is ion both names no Will.

    Mother has 5 grown children that are not in need.

    Matthew’s Answer

    This largely depends upon how the ownership on the Deed is currently listed. If you father and mother owned the house as joint tenants with right of survivorship, then your mother should contact an attorney to document that your father passed away and retitle the house in your mother's name. If the house is just in your father's name, or is owned as tenants in common, or without right of survivorship, then your father's estate may need to be probated, depending upon state law and other factors.

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  • I have moved to another state and some of my tools are in my mother's home, if she dies, will the tools be held in probate?

    I moved to FL and keep tools for my trade in WI as well as in FL. I return to WI and do building/remodeling jobs over holidays and summers while I stay in my Mother's home. My Mother is now quite ill and expected to pass in the next few months. ...

    Matthew’s Answer

    If the tools are actually yours, then they should not be subject to the probate process. However, you may need to get the consent of the Executor to enter your mother’s house and remove the tools. If there is a dispute as to whom actually owned the tools, then you will likely not be able to remove them during the probate process, without approval of the Court or Executor. If you want to avoid any uncertainty, you may want to either remove the tools or put something in writing with your mother that the tools are actually yours.

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  • Do I have to keep formal records of how I spend money "gifted" to me by my elderly father so he can get Medicaid one day?

    My father transferred his assets to me to make him eligible for Medicaid later (through an attorney no longer here). I was under the impression the "gift" made the money mine and that "legally" I could treat it as my own. His health care has excee...

    Matthew’s Answer

    If your father actually gifted you the money within the past five years, then this may actually disqualify him from receiving Medicaid benefits. There is no requirement that you have to account for money gifted to you, as it would be considered your money. However, if the money did not actually constitute a gift, but you were rather holding or administering the funds for his benefit, then he may still qualify for Medicaid, but you will likely need to show that the money was actually spent on your father and was not a gift to you. If the money did constitute a gift and was made in the past five years, then you may be able to “undo” the gift by showing that you gave the money back by spending it on his care. If the money was gifted more than five years ago, then you should be in the clear and the gift itself should not disqualify him from Medicaid.

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  • My mother had a will created and then changed her mind and has a living trust created 2 over ride her will/which one presides?

    My mother had a will created in 2003 that stated my sister would benefit $200,000 and any remaing ammount would be split with my siblings.My mom and sister had a falling out.My mother had a living will created to superseed the original will she ha...

    Matthew’s Answer

    The Trust would typically only govern the distribution of assets owned or titled in the name of the Trust. If the Trust had no assets at the time of your Mom's death, then the terms of the Trust may not be relevent or applicable. If there were assets owned by the Trust, and the Trust has not been amended or revoked, then the assets owned by the Trust should be distributed pursuant to the terms of the Trust. Also, usually when someone creates a Revocable Living Trust, they also create what is called a pour over Will. The pour over Will typically provides that any assets not owned by the Trust at the time of death pour over and are distributed to the Trust, and then the terms of the Trust would control the ultimate distribution of the Estate assets. If the subsequent Will created by your mom revoked the prior Will and was not a pour over Will, then the terms of the subsequent Will would control the distribution of assets subject to probate (e.g. any assets not owned in the trust, and do not have some form of beneficiary designation). An estate planning attorney should be able to review the documents and let you know which documents are controlling.

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  • My mom and I have a joint checking account. My brother is her power of attorney, can he pull records from this account

    when I am the joint owner and he is NOT my power of attorney

    Matthew’s Answer

    It depends upon how the Power of Attorney is drafted and what authority was granted to your brother as the agent / attorney-in-fact, and whether the bank accepts the Power of Attorney, but presumably your brother would have the authority to access the records, even if your mom is just a co-owner.

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  • My son died unexpectedly in 2005, he has less than $50 owed from Great Colorado Payback, do I have to have POA to claim

    For such a small amount it does not seem worth the legal hassle to get POA or Conservatorship, so the funds will remain unclaimed I guess or not???

    Matthew’s Answer

    The beneficiaries of your son's estate should be able to collect the funds by completing an Affidavit of Collection of Personal Property. You can find the form and instructions for completing the form under the self help forms published on the Colorado Judicial Branch's website. Forms JDF 998 and 999.

    http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=143

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  • Do I need to go t a probate court and start a probate process for a car and the house and my husband's checking account.

    the credit union says if I return his car (I only need one now) they will take my car also an not allow me to make my payments. (both loans were on same account)

    Matthew’s Answer

    If the car, account and house are jointly titled in your name and husband's name, with right of survivorship, then you may not need to open up a probate process and should be able to retitle the car, account and home in your own name by preparing an Affidavit. If the car, account and house are titled solely in your husband's name, then you will need to open up a probate process. With regard to the loans on the vehicles, you will need to negotiate with the lender to assume or refinance the loans. I would recommend speaking with an Estate Planning Attorney to go over the ownership of the accounts and determine the process that will need to be undertaken.

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