Dara Joy Goldsmith's Answers

If mother has a living trust will the house still have to go to probate ?

Assuming that the house has been funded into your mother's revocable trust, by using a quitclaim deed from your mother to your mother as trustee of the Mother's Family Trust, and the deed is recorded in the appropriate county, no probate will be required. There is no need to place your name on the deed. When your mother is no longer able to manage her affairs, be it due to choice, disability or death, you will file a certificate of incumbency to assume the position of successor trustee. No...

3 lawyers agreed with this answer

1 person marked this answer as helpful

My uncle received Letters of Administration in concerning an aunt's estate 12/2009. The house was sold 5/2011.

I suggest that you review the court record to make determine if any pleadings were filed that you did not receive. If you have moved, it is possible that you did not update your address with the court or the administrator. Assuming that is not the issue, the next questions is whether the administrator has legal counsel. If so, I would suggest that you contact counsel for an update. If not, then your next step is to petition the court to have the court order your uncle to show cause why he...

Selected as best answer

Is there a difference between durable power of attorney and power of attorney. Can my brother and I both be power of attorney

In general terms, there are both health care and financial powers of attorney. Many people choose different persons to make decisions for them depending upon the type of decision to be made. A "durable power of attorney" survives incapacity of the maker. A "general power of attorney" goes into effect immediately. A springing power of attorney only goes into effect upon the occurrence of an event, i.e. a certain date, incapacity of the maker, parents of the children being out of the...

3 lawyers agreed with this answer

Powers of Conservator

It is best to get authority from the probate court to initiate litigation and have the terms of the fee agreement for the litigation approved. You should address these issues with your counsel.

Selected as best answer

When trying to collect an inheritance, are "stamp fees" and "document fees" generally paid up front or taken from the estate upo

Your inquiry is not clear as whether your fiance is the client or a beneficiary. Client: If she is the client, she should consult her fee agreement to address the treatment of costs that are to be incurred. Additionally from your inquiry I cannot discern if she is the personal representative of the estate or a beneficiary. If she in the personal representative of the Estate, estate assets may sometimes be used to pay for administration costs without court approval if there are...

Selected as best answer

Can my mothers estate be closed without me signing off on it?

Your inquiry is not clear as to whether your mothe's estate is progressing through the probate court in the jurisdiction where she resided at the time of her death. If you are not sure, I suggest that you start by checking the court records in that county. Assuming your mother's estate is in probate then you can review the court records to determine the estate's value. In some courts you can do this on line, other courts you need to physically visit or pay to order copies via written request....

Selected as best answer

Irrevocable trusts

This is a very complex area of the law. The creation of an irrevocable trust generally triggers a longer look back period for eligibility fr programs such as MediCal (CA) and Medicaid (other states). I urge your aunt to seek professional assistance from an elder law/estate attorney in her areas who can assist her in reviewing her goals and objectives and willingness to give up control and tolerance to risk. Some factors to consider include: does she have long term care insurance to cover the...

2 lawyers agreed with this answer

PROBATE COURT INSTRUCTED ME THAT THEY DONT HAVE FORMS FOR REMOVING A TRUSTEE FROM A TRUST.

There are no forms available to address the issue you have. The probate court is correct that you either need to conduct your own research and draft your own pleadings or hire an attorney to do it for you. That being said, if you cannot afford to hire an attorney you may be eligible for a pro bono attonrey through Legal Aid Center of Southern Nevada. I suggest that you start there. I am including a link to the web site for your convenience. If you do not qualify, you should at least...

2 lawyers agreed with this answer

My Dad had a stroke, his POA was my sister, she suddenly passed away. The only kids remaining is a bio. son and a step son

The big issue that you do not address is whether your father lacks capacity to understand what he is doing by attempting to execute a power of attorney. If he longer has the necessary capacity to understand what the document does, just because he can make a mark, does not make it legal. Accordingly, if that is the case, it would be subject to challenge in court. I urge you to speak with counsel where your father resides and proceed with establishment of a guardianship/conservatorship if your...

2 lawyers agreed with this answer

Credit for some that has passed

I am sorry for your loss. I agree in part with the other answers, but under Nevada law, if there are creditors and there is any type of estate, you must pay the creditors to receive the assets, unless she died leaving a surviving spouse or minor children. I will assume that your mother was not married at the time of her death and did not leave children under the age of 18. Different rules apply in those circumstances. I am unsure if your mother died a resident of Nevada, assuming that...

2 lawyers agreed with this answer