Archived
In my deceased Aunt’s Revocable Trust she was a trustee, my husband was a co-trustee and I am a successor trustee.?
Bryan's answer
|
Answered on August 26, 2018
It will not invalidate the trust. As long as it is clear that you are the successor trustee, a spelling error should not serve as an impediment to...
How do I inherit a deceased parent's estate?
Bryan's answer
|
Answered on August 24, 2018
If the estate is worth $30,000 or less, your mother should file a small estate proceeding in the Surrogate's Court in the county where he lived. If...
Archived
How can my sister and I get the deed in our name?
Bryan's answer
|
Answered on August 23, 2018
I recommend that you show the will or wills to a probate attorney to determine if one or both need to be probated. As a matter of law, when a...
Should a "Waiver of Process and Consent to Probate form" be signed even though you are not in the will but sent this form?
Bryan's answer
|
Answered on August 23, 2018
The waiver form that you received is sent to all people who would inherit in the absence of a will. If your husband believes the will is valid, he...
Archived
To protect my husband with dementia, should I become his conservator/guardian.?
Bryan's answer
|
Answered on August 23, 2018
If he is your husband and you are his agent under a power of attorney and health care proxy, most likely, a guardianship is superfluous. The only...
Archived
What letter designation do I use on an Inventory of Assets for Surrogates Ct if the decedent has none of that particular asset?
Bryan's answer
|
Answered on August 23, 2018
Yes, A for categories under $10,000.
How it works to set up a legal form to protect your assets from losing your home when a nursing home is required for a family
Bryan's answer
|
Answered on August 22, 2018
It sounds like you are referring to a Medicaid asset protection trust. If you transfer your home into it, after a 60 month (5 year) lookback...
Archived
How can I sell my mother's house? She passed away 10 years ago; she had a will but I cannot locate a copy.
Bryan's answer
|
Answered on August 21, 2018
When your mother died, as a matter of law, title passed to the people entitled to it. If there is no will, then it could potentially be sold...
Archived
What is a family settlement agreement,and how do I get one?
Bryan's answer
|
Answered on August 20, 2018
You should draft an estate accounting and require that each of the beneficiaries execute a release in front of a notary before you release their...
My mom is in a coma, how do I go about getting power of attorney ?
Bryan's answer
|
Answered on August 20, 2018
I agree with my colleague. You will need to apply for an Article 81 guardianship.
Guardianships:...