Generally the trustee is responsible for paying the tax on income earned by assets owned by the trust. However there are two exceptions: 1) It...

Do I have a valid reason to sue for legal malpractice?

It is hard to know based on the information you provide. Legal malpractice involves not only showing that the lawyer was negligent, but that you...

Question pertaining to Trust vs Estate

Was a check written from the Trust account for the retainer? If so, the money should go back to the trust. However, if your father withdrew the...

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My grandmother died.She had2kids my aunt and my father which my father died no will do I get my fathers half of house in VA

The Virginia intestacy statute is below. See item Second for what happens when your grandmother dies without a surviving...

Can the executor of an estate distribute funds to family members identified in a will prior to the death of the parent?

The answers that other attorneys have given make clear that you can only distribute property from the estate as directed by the will. As one...

Transfer Guardianship for my son to my daughter

You will need to have the Probate Court name your daughter as successor guardian or co-guardian. There are a few things you might want to keep in...

Question about getting executor fees when withdrawing as executor before estate is closed.

You can pay yourself, but any payment must be reflected on your account, and is subject to court approval. As Attorney Golden stated, the Probate...

RE: CD with 2 owners, when one owner passes away, does the CD go into the estate with tax consequences?

The taxable estate includes any property in which the deceased person had an interest. When unmarried persons own property jointly (unless they...

May I have a witness at Trial in Probate Court read a report from her husband, who is a Doctor of Chiropractics?

The wife cannot testify to the report her husband wrote. The normal procedure would be to have the expert testify at trial, subject to cross...

Will the PACE program in massachusetts take clients pension?

Massachusetts version of Medicaid is unlike the Michigan system in that being over-income does not disqualify you for the program (so you don't...