It is assumed that the real estate is in the three siblings names at this point. If this is the case you may have to petition the court to have a...

Supplemental Needs Trust

Without actually reviewing the terms of the trust, no conclusive answer can be provided at this forum. However, if the trust was irrevocable, she...

Am I responsible for my now-deceased husband's medical bills?

I am not a NH lawyer so I do not know if your state recognizes this principle. However, generally, to prevail under the theory of the doctrine of...

Are life insurance benefits paid to beneficiaries after the policy holder's death subject to probate or other estate issues?

Your sister is trying to be practical here. However, only probate estate assets are subject to creditor claims of the decedent. So there is no...

First, if your father was married and the wife was named beneficiary of the 401(k) plan you have very little chance of getting any of this...

My mother just died and only had a $2,000 life policy with no will. I will become the personal rep because there is just my

Once you have been named by the court as the personal representative, you can write a demand letter to the insurance company to obtain the...

A friend of mine wants to transfer a homestead property that her and her mom owns into a single living trust.

Also, from an income tax perspective, a transfer by gift from the mom to the daughter would result in the daughter having a carryover basis rather...

My husband is receiving a lump sum pension is it true it must go into an IRA in his name only

If he is alive, then he is the one who must rollover the account to his own individual IRA. There really is no other choice. If there is a...

Fred works as a builder and wants his boss to pay some of his wages in cash so he can then pay less tax. Is his contract valid?

If this contract is signed it is a contract to committ tax fraud. This could be big trouble for both parties if the IRS ever got a hold of such...

What are my legal duties if I was not removed as Executor on the will - but removed as Trustee and Successor Trustee of Trust?

As far as your duties as Executor, you must administer the estate by probating the will, getting appointed as Executor, collecting all probate...