Richard H. Foley, Jr.’s Answers

Richard H. Foley, Jr.

Anchorage Estate Planning Attorney.

Contributor Level 9
  1. How do you settle an estate when no will was left?

    Answered over 2 years ago.

    1. Richard H. Foley, Jr.
    2. Jennifer E Mandell
    3. Jared A Kartchner
    3 lawyer answers

    I am sorry for your loss. This sounds like a difficult case with a high likelihood of conflict among your brother's children. If your brother died without a will (intestate), the law of Virginia will determine which of his next of kin will receive his estate. Usually state law gives a surviving spouse priority to the estate with children second. None of the children will be able to get control of your brother's bank accounts or real estate unless they were also joint owners of the...

    6 lawyers agreed with this answer

  2. My wife is the sole trustee of her deceased grandmothers trust.

    Answered over 2 years ago.

    1. Richard H. Foley, Jr.
    2. Steven M Zelinger
    3. Brian Coleman Kelly
    3 lawyer answers

    Be careful! Your wife has fiduciary duty to administer the trust on behalf of the beneficiaries of the trust according to the terms of the trust and according to Maryland State law. A trustee may not use trust money for thier personal benefit unless they are also named as a beneficiary of the trust. A trustee who is not a trust beneficiary is considered to have breached their fiduciary duty if the money is used for the trustees personal benefit. This can open up the trustee to civil and/or...

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  3. Can someone take judgement on a person who is beneficary of a Trust

    Answered over 2 years ago.

    1. Jared A Kartchner
    2. Richard H. Foley, Jr.
    3. Brian Coleman Kelly
    3 lawyer answers

    You haven't provided enough information in your question to allow a full response to the question. Was the person who obtained the judgment a creditor of the person who created the trust, the trustee of the trust, or the beneficiary of the trust? Was the judgment obtained before or after the property was transferred to the trust? Has the property been properly titled in the name of the trust? Is the trust revocable by the judgment debtor? Generally a creditor of a beneficiary, who...

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  4. Divorce/Living Trust

    Answered over 2 years ago.

    1. Richard H. Foley, Jr.
    2. Steven J. Fromm
    3. Brian Coleman Kelly
    3 lawyer answers

    Oops. Putting a child's name on property as a means of doing estate planning is a poor choice. It may seem like an easy enough thing to do without the help of a lawyer. But we see people do it all the time because it avoids incurring the expense of a lawyer. I recommend that you talk with a California divorce lawyer to help sort this out. This is a question of California law. It will be important to look at the precise wording on the deed that conveyed your mother's property into your...

    3 lawyers agreed with this answer

  5. Trustee Will Not Settle Estate Will Give No Accounting Or Reasons

    Answered over 2 years ago.

    1. Daniel Todd Fleischer
    2. Richard H. Foley, Jr.
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Trustees have a duty to keep beneficiaries informed and provide an accounting. If the trustees are not doing that, I would suggest that you contact a trust lawyer in Arizona to force the issue. There is always a risk that if misfeasance by the trustees is suspected, that the horse will be out of the barn by the time you find out about it. By then it may be too late.

    3 lawyers agreed with this answer

  6. Can attorney legally bill me two years after estate work was completed?

    Answered over 2 years ago.

    1. Lawrence Frederick Dietlein Jr.
    2. Richard H. Foley, Jr.
    3. Steven J. Fromm
    3 lawyer answers

    When a lawyer is hired to settle an estate, they are normally paid from estate proceeds. If the lawyer completed her work for the estate and the estate proceeds were distributed to heirs, I think you have an excellent argument that the attorney waited too long to bill you and the estate funds have all be distributed or spent. I would be "flabbergasted" too if the attorney waited two years to bill me after the work was done and the estate was completely settled. In addition, if you signed a...

    3 lawyers agreed with this answer

  7. I am an heir to 1/4 of my recently deceased brother's estate, valued at $700,000. Should I retain my own legal counsel?

    Answered almost 3 years ago.

    1. Steven J. Fromm
    2. Jason Kutulakis
    3. Richard H. Foley, Jr.
    3 lawyer answers

    Typically the personal representative will need to hire a lawyer to assist in probating the estate. If you are not the personal representative, you still might want to consult with an attorney to make sure that the personal representative is properly administering the estate. When assets are held in safe deposit boxes there is a risk that they might not be properly accounted for. The attorney can help you assess you need for legal services.

    2 lawyers agreed with this answer

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  8. How do I know if I need my parents will to go through probate?

    Answered over 2 years ago.

    1. Richard H. Foley, Jr.
    2. David L. Carrier
    2 lawyer answers

    This question will depend upon what your parents own and how the property is titled. If everything they own including, bank accounts, home, automobiles, investment accounts, etc. are all jointly titled with rights of survivorship, there will be no probate on the first death. Everything will simply pass to the co-owner. Moreover, if they have IRAs, life insurance or annuities, those assets will pass to the named beneficiary outside of the probate process. However, on the second death,...

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  9. Brothers are trying to take everything! what exactly do I need to do! please help

    Answered over 2 years ago.

    1. Richard H. Foley, Jr.
    2. Thomas William Dominick
    2 lawyer answers

    This is a difficult case if your father's estate has already been probated in Oklahoma and has now been closed. If the probate hasn't been completed, you still have time to have your side of the case considered. I can't tell from you question whether the probate in Oklahoma is open or closed. The answer to this question will also depend, in part, on whether you father had a will and what it said. I strongly suggest that you contact a probate attorney in Oklahoma to give you advice.

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  10. Mother Died. Left Will. Sibling will not reveal contents. Sibling did not inform other siblings when Mother passed. Can we?

    Answered almost 3 years ago.

    1. Bradley Merrill Bunting
    2. Stephen Neil Foster
    3. Nicholas Abaza
    4. Richard H. Foley, Jr.
    5. Steven J. Fromm
    5 lawyer answers

    If your mother owned property solely in her name when she died, the family will have to go through a court-supervised process to wind up her affairs called probate. The individual who your mother named as "personal representative" or "executor" in her will is required to file the will in the probate court and give notice to all interested parties, including you. That means that you have the right to see the will, even if you were disinherited. Assuming that the sibling who is closest to your...

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