I am in the process of obtaining a refinance on a property I hold in my revocable living trust. I have no separate tax ID or tax return for the trust, I simply use the trust as an estate planning tool. I have shared this information with the banke...
I agree with Attorney Graham. While the trust is not a separate entity for tax purposes (e.g., why you do not need a Taxpayer Identification Number for it until you die), the trust is a separate entity when it comes to debts. Thus, a lender will wish to know what debts the trust is on the hook for. Given the difficulty of confirming said debts and potential issues in foreclosing a mortgage against a revocable trust, you will likely be required to sign a guarantee of the underlying debt. Good luck to you.See question
My daughter's husband died without having a will - He has sizable estate -- Can my daughter go thru Pro-bait without the assistance of an lawyer ??
I am sorry for the loss of your son-in-law. Your daughter would be well-served by retaining an experienced Florida probate attorney. Not only will he or she assist your daughter with the required probate and tax documentation, but will provide your daughter with guidance with respect to updating her own estate planning documents given her new circumstances. Good luck to you and your daughter.See question
I have read who is an itnerested person varys from time to time so on what basis does the court detrmine who is an interested person??
An "interested person" is the person who is the subject of the conservatorship, his or her spouse or domestic partner, his or her relatives and the person or entity applying to serve as the conservator. Here in Connecticut, the term is broadly defined, so I have been in hearings where even a girlfriend is considered an "interested person." Please see the link below and consult with an experienced California probate attorney at your early convenience. Good luck to you.
Hi. I am writing on behalf of a relative whom I am helping. Her father died in New Jersey (Hudson County) six years ago and she resides in the state of Florida. She needs to know if she could contest the will in New Jersey where I curently reside...
Unfortunately, the fact that it has been six years since your friend's father died suggests that no probate was necessary in his estate. In short, it is possible that the father's assets were held as joint tenants with right of survivorship with his wife, named the wife as the beneficiary, or were owned in a revocable trust with the wife as the beneficiary. The best bet for your friend is to hire a New Jersey probate attorney who can investigate this matter to (a) determine whether her father had any assets subject to probate, (b) see if there are any assets held in trust that may benefit your friend at her step-mother's death, and (c) take the necessary actions moving forward. Good luck to you and your friend.See question
Long story short, my uncle is executor to my grandmothers will. He is entitled to 50% of the estate, and my brother and I are entitled to 50% from our pre-deceased father. My uncle has been caught in lies and has been manipulative, and is currentl...
Your best bet is to retain a Florida probate attorney who has experience in the court in which your grandmother's estate is being administered. He or she will take the proper steps to determine the value of the probate estate and hold your uncle's feet to the fire to make sure the estate is properly administered. If necessary, your attorney can also petition the Court to have your uncle removed as executor. Good luck to you. To locate an attorney, please use the "Find a Lawyer" function on Avvo, entering both the city in which the probate is occurring and "probate" as the field of expertise. Good luck to you and your brother.See question
Me and my father are currently in search an assisted living facility for my grandmother here in FL. She is currently in a rehabilitation facility in Milford, MI. She wants to move into an assisted living here in FL and is completely aware of what ...
I am sorry for your circumstances. Depending on your grandmother's actual state of mind, she may still be able to sign a Power of Attorney in favor of your father. If she is determined to be incapable of doing so by an experienced attorney, then the attorney can assist you in petitioning the local probate court to have your father become her conservator (or "guardian" in some states). Please consult with an experienced Michigan elder law attorney who can assist your grandmother. One such attorney is James Frederick, Esq., who you can contact at the link below. Good luck to you.
I have a brother that feels he can just tell me what he thinks and determine what the will means to him! Does he have a kinda time frame to do a reading of the will and I have requested a copy but I'm not sure he's going to give me a copy, does he...
Attorney Garland has provided you with a solid answer. The "reading of the will", these days, typically only occurs in movies like "Gran Torino." As noted, you do have the right to a copy of the will and can obtain the same from the court once it is filed. Good luck to you and your family.See question
On hospice with terminal lung cancer , family member outside the household got her to sign POA and will all her property to her
I agree with Attorney Zelinger. The question of testamentary capacity is a big gray area. A person can be incompetent one moment and then, as one of my law professors said, "the clouds will part" in the person's mind and he or she will be competent. The key question is: "does this person have sound mind and memory at the time he or she signed the document?" Please consult with an experienced Georgia estate planning lawyer for more information. Good luck to you.See question
My sister is extecutix of my parents estate. We get along but we don't with my other sister. The executix has full power of estate. I have approach her that I would like to buy them out of the house. The extecutix has agreed and informed my other...
Depending on the terms of the will, the executrix may have the right to sell the property directly to you. With that said, to protect yourself and the executrix from any threat of litigation, your best bet is to have your sister who is serving as the executrix petition the probate court to approve the sale. This will compel your other sister to object to the sale at the hearing on the petition if she wishes to stop the sale from going forward. If your sister who is serving as the executrix does not have counsel, she needs an experienced attorney to assist her with this matter. Good luck to you.See question
My brother and the kids mother were not married. So, What do we have to do to change the kids last name?
I am sorry for your loss. Here in Connecticut, you would petition your local probate court to change the child's name and the petition would be granted after a short hearing. I am sure that there is a similar procedure in a local court in Georgia, but please consult with an experienced Georgia lawyer to confirm. Good luck to you and your family.See question