Archived
My dad signed over his house to me 6 yrs. ago when I moved in to care for him. Will I be hit with a tax?
when & how much?
Steven's answer
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Answered on July 08, 2015
In addition to what Mr. Souza said, depending on if you continue to occupy the house as your personal residence you may have a capital gain issue...
Archived
Is there any way to hold an executor of an estate accountable if he took items from the deceased and hid them
Steven's answer
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Answered on July 08, 2015
You (or an interested party) can file a petition to force the executor (administrator if there is no will) to file an accounting. Someone bringing...
Archived
How can I get the executor AND the Attorney representing a parent's estate replaced due to breach of fiduciary duties?
Steven's answer
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Answered on July 08, 2015
You need to hire your own attorney if you believe you have solid evidence that the executor has breached their duty. Only the court can remove her.
Archived
My father passed April 4. 2015, his name is not on my birth certificate. What evidence can I use to establish paternity?
Steven's answer
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Answered on July 08, 2015
If you are named in his will it may not matter. If there is no will you will need to established paternity if the family disagrees you are an...
Archived
Testamentary or Pot Trust with Will
Steven's answer
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Answered on July 06, 2015
You need to sit down with an estate planning attorney to have your wishes executed properly. Attorneys on this message board cannot give you legal...
Archived
MY MOM PASSED AWAY IN JUNE 2014 - I CLOSED ON THE SALE OF THE HOUSE 6/30/15 - HOW MUCH TAX WILL I PAY SINCE IT WAS TOD TO ME?
Steven's answer
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Answered on July 06, 2015
Your basis is the date of death value, plus improvements. The capital gain will be based on the sale price less the basis. I would consult with a...
Archived
Siblings and i are beneficiaries in our parents trust. parents now deceased. Trustee appointed (brother) uncooperative
Steven's answer
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Answered on July 06, 2015
If you are beneficiaries you certainly would be entitled to copies. The attorney who drew up the documents may not be able to provide them because...
Archived
Does the will overrule the person named the beneficiary?
Steven's answer
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Answered on July 06, 2015
No - as a general rule a non-probate transfer such as one like this to a named beneficiary is not dealt with under the will. The beneficiary...
Archived
Does being the POA over someones finances end at their death?
Steven's answer
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Answered on July 06, 2015
Yes, power of attorney ends at death. When you say that the brother took over after his death do you mean he was named executor in a will or was...
Archived
I will be receiving a very large inheritance
Steven's answer
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Answered on July 04, 2015
You should discuss things separately with your own lawyer. The inheritance can be kept as separate property (not part of your marital assets in a...