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Hi I am in the process of composing a simple will to bequeath to my minor children (in case my spouse does not survive my death). I don't have much assets, so trying to avoid involvement of courts i.e. no probate and if possible avoid creation of ...
Sounds like you are being pennywise and pound foolish- you can get a good and solid estate plan for you and your spouse for an affordable price. It is not so much the documents themselves but having a lawyer to give you some basic pointers is worth the price of admission.See question
I'AM HAVING A BENEFIT SPAGHETTI FOR MY HUSBAND TO HELP PAY FOR MEDICAL AND HOSPITAL BILLS, DO I NEED 501-C3 1023 FORM FOR THIS BENEFIT. THE MONEY THAT WILL BE RAISED WILL BE DISTRIBUTED WITHIN TWO WEEKS OF THE DINNER.
If it is a one time event like this I don't think it would make any sense. Obtaining status as a 501c takes a lot of time and money. Keep in mind the money people donate here will not be deductible for their income taxes nor will you be able to avoid paying sales tax for purchases related to the event. There can be other legal issues with these types of events but that was not in your question.See question
My daughter is physically and mentally disabled (down syndrome) and I need power of attorney iin order to apply for certain health benefits for her.
I assume she is now over 18? You will not be able to obtain power of attorney if she is legally incapacitated so you will need to make an application for guardianship. Contact an attorney with experience in guardianships.See question
I put my house in an air revocable trust 5 years ago this month I wish to sell my house to downsize. my daughter is interested in buying it. I was told I needed an certified appraisal for full market value and cannot sell it to her for less t...
Without knowing more about the situation you are not going to get very good answers. I am guessing the purpose of this trust was for long-term care protection purposes? If the house is in an irrevocable trust the trustee would have to make the decision about selling it - assuming they are agreeable to that based on a fair price it does not really matter who buys it but for you to retain the benefits of the irrevocable trust the proceeds of the sale need to remain in the trust and under the trustee's control. Whomever told the trustee to sell for market value with an appraisal was absolutely correct and it is true that a a family sale would generate more scrutiny but it is not a total bar to doing such a deal. I would advise the trustee to seek the services of an estate/elder law attorney as their could be other implications of the sale on the trust.See question
My relative has signed temporary guardianship over to someone and I was wondering if they could keep the child from his mom
The situation isn't clear - who is "my relative" who is "someone" what is the status with mom?See question
My husband has not "spent down" he has over 100K in bonds and we have a home with his name on it although we have been married for forty years; the bonds he intended to give "his adult children" I understand that there is a spousal improversal la...
You need to consult with a local attorney who specializes in Elder law.See question
I been living in my house since 2005 bought the house in 2007 but put it in my moms name for personal reasons . she recently passed with out a will.or deeding it to me so we think but all my siblings know the house is mine can they just sign it o...
You need to consult with a local attorney to assist you. More than likely since it is in just her name, you will need to go through probate, but if everyone agrees on what to do, it may be easier.See question
bulk of estate left to him he refuses to give me my inheritance he is a drug addict in and out of rehab at this rate he will spend my mothers estate on drugs anything legal I can do to stop him
Are you sure he has actually opened the estate? You would be able to review the probate records at the county surrogate office (usually the county where Mom resided at death). If he has probated the will you can hire an attorney and demand an accounting. If he has not probated the will, you can compel him to do so. In either event you have remedies to block or remove him from being executor. Time is not on your side so see a lawyer right away. Keep in mind also that there very well could be non-probate assets that are not controlled by the will (such as accounts or policies with beneficiary designations) which you or your brother can claim outside of probate.See question
I am 39 years old and still live in the house I grew up in. The house is owned by my parents (both on the deed, both living, but elderly). They are separated, but not legally. Myself, my mother and my daughter live in the house. I pay every bill, ...
The decision is really up to your parents since they are the owners of the property. As was mentioned, there are a number of concerns involved here including inheritance tax, capital gains tax, elder/long-term care concerns and "fairness" to any siblings in your parents estate planning. I would suggest your parents sit down with an experienced estate planning attorney to plan for their possible future incapacity and death.See question
Suppose one anticipates a sizeable inheritance and wants to protect it against possible future creditor claims in many forms, but that currently there are no such creditors, legal actions, or judgements against him. Suppose this person's parents ...
This is quite the leading question, where you are looking for the answer you want and illiciting attorneys to respond so you can feel better. It sounds like the factual situation is such that there is enough at stake where you should sit down with your own attorney. That said, any changes made by your parents to their estate planning and theirs, and theirs alone, to make. Obviously this assumes you do not exercise any type of coercion over them but that should go with out saying. Also, you can not be held responsible for a fraudulent transfer or similar misdeed if you take otherwise legal asset protection measures when no judgment or lien is known or pending against you. I cannot answer the specific question under applicable state law regarding the inclusion of income from a trust in your alimony calculation which is why you need specific advice from a local attorney.See question