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My dad died five months ago and his wife's family claims that there is no will. What, if anything, can I do?
Steven's answer
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Answered on July 23, 2012
There are a couple of problems with your facts: 1. While I do not encourage people to make wills using online services, if the will was printed out...
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If my fathers cash assets are in his name and mine.. And he remarries and later dies. Is his widowed wife entitled to the cash?
Steven's answer
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Answered on July 23, 2012
If the accounts are titled "joint tenants with right of survivorship" then she will not be entitled to those accounts. However, she may be...
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Executor and decedent's assets - executor doesn't own the assets just in charge until they are distributed to the heirs?
Steven's answer
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Answered on July 20, 2012
That would be fair to say, yes. Sometimes an executor receives an inheritance from the estate, sometimes not. The executor is a "fiduciary" who is...
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Difference between a last will and testament and a living trust.
Steven's answer
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Answered on July 20, 2012
I call both documents "the documents you use to dispose of your estate." A living trust is often referred to as a "will substitute." Most people...
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I need to change a title into my name
Steven's answer
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Answered on July 20, 2012
You will have to open probate most likely . If your dad owned the motor home you probably have to open his estate and be named as the...
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Release and Refunding Form
Steven's answer
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Answered on July 20, 2012
Yes it would delay things.
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What is the difference between a formal and informal accounting of an estate?
Steven's answer
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Answered on July 20, 2012
To add to Mr. Fromm: because the formal accounting is filed with the court it is a process that usually involves more cost. In amicable estates,...
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What are the legal and tax ramifications of putting rental property in short-sale or forecolsure?
Steven's answer
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Answered on July 20, 2012
From a personal income tax perspective you will likely be issued what is called a "Discharge of indebtedness" 1099 after the property is sold which...
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Can a beneficiary object to the estate accounting after waiver is signed?
Steven's answer
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Answered on July 20, 2012
You can still try. It will be more difficult and you'll need an attorney for sure but if it is significant enough it might be worth the effort.
Archived
How do I claim a Death Beneficiary Asset as Personal Representative?
Steven's answer
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Answered on July 20, 2012
Hopefully you had the devisees sign a release and REFUNDING bond. That document should allow you to recover an erroneous distribution. In any...