she was going to give me and herself a ck for $80,000 and leave the remainder in an acct to fix up his house. She passed a few days before this disbursement. now these funds are in her estate and her husband and kids are questioning my 1/2.
LIke most estate planning and estate administration, it depends on the terms of your step-dad's Will. If the Will says that your sister gets the entire estate, then without some sort of written document, you are going to have a hard time proving she made a gift to you. On the other hand, if the Will says that you and her split the account, then it has to be given to you, or else you can object in the probate court (called the Orphans Court in Maryland).See question
My trustee is not following the living trust. She is involving other ppl. N not mailing the money straight to me. She has someone else involved. And shes not in the living trust fund
As others have stated, if the living trust is not being followed, then the appropriate action is to petition the court to remove the Trustee. You may also have a claim for damages (to recover the money that may have been wrongfullyl taken).See question
She left 9 children .... we are wondering what do we do now?
Yes, under Maryland law, if your mother owned any assets in her own name an estate probate proceeding must be opened. Only the property in her own name, with no beneficiary noted, is subject to the probate process. To get started, one or more of the children would petition the probate court (called the Orphan's Court) to become appointed Personal Representative (i.e., Executor). Once appointed, there is a process that must be followed in order to administer the Estate and eventually distribute the assets equally to the 9 children.See question
I am a non-US citizen on H1-B visa and have a few bank accounts (checking and savings) and also own a condo at Chantilly, VA. The closest relative I have in the US are my aunt (my mother's own sister) and her husband. My aunt is a Green Card hol...
You should create a living or revocable trust naming your parents as the beneficiaries. While you are alive you have full control and access to the assets owned by the revocable trust. you are the sole beneficiary and the sole Trustee. The revocable trust uses your social security number. You can transfer ownership (or title) to your condo to the revocable trust. That means filing a new Deed in the courthouse. As for the bank account, you can either transfer the account so it is owned by the revocable trust or make the revocable trust paid on death on the account. You may need to name your aunt's husband as the trustee of the revocable trust, if something happens to you. He would then be able to cash in the bank account and sell the condo, without any adverse tax consequences and without any problems. There are other documents you need, such as power of attorney and advance medical directive.See question
My wife and I were leaving on an extended out of state trip and wanted to update our wills (beneficiary change). Our attorney stated the (original) wills had been put into a self storage unit due to space limitations and he was unable to find the...
Your lawyer should have given you a choice, i.e., whether your retain the original or the attorney does. This is always a difficult question. While it is true that lawyers die, retire, move offices, and that clients move, it is also true to most of the families of my clients who have kept their original wills are unable to fine them when a death happens. If we keep the clients originial wills, then we give a copy ot the client stamped to say we have retained the original wills. If the client keeps the original will, we have a copy and the client has a copy indicating this. Also we inform the client to keep the will in a safe deposit box, and notify at least one relative or other trusted person of this. In any event, you actions were fine and justified. Good luck on your trip.See question
We have a hand written will leaving everthing to the other when one of us passes. When both of us are gone everything goes to our only living child. Our son died three years ago. We have two grown grandchildren. We have had no contact with th...
As others have said, whether or not the Will is valid is dependent on where you live. If in Virginia, it would be valid. However, if you want to bullet proof your Will (and how you want to leave your assets at your death), you should contact an experienced estate planning attorney who should be able to structure your assets and draft the appropriate documents to fulfill your goals and objectives.See question
My father had no assets, no will, and an insurance policy for a few thousand dollars needs to be claimed that he established 43 years ago at the age of 18. My father was unmarried at the time of his death and had 4 children. The oldest child is a ...
At some point, your father named a beneficiary. If that beneficiary is alive, then that who is entitled to the policy. If there is no living beneficiariy, then the insurance policy may have a default beneficiary, which would likely be our father's children. If the insurance policy does not have a default beneficiary, then the proceeds wold likely go to your father's estate. In Maryland, there is no form like you were asked to get. Instead, you will probalby have to go get appointed as the executor of your father's estate, based upon the rules in place when your father died. If your father was a resident of another state, then that state's laws would apply.See question
My mother's Will divides her estate equally among her 5 children, except for the wording "My daughter (me) shall be deducted by 4/5th of the outstanding principle value of the Loan that I made to her." The said 4/5th deduction is to be divided amo...
Unfortunately for you, your mother has the absolute right to divide her estate any way she wants, unless she was not competent or someone was unduly influencing her. The other possible avenue for challenge is that she had material facts wrong. In your case, she made a loan to you, that is clear. Your bankruptcy discharge does not consititute a payment. In other words, your mother was saying that she advanced you part of your inheritance, but if you paid it back, you would still get your inheritance. I do not think from the facts that you gave that you have any reason to challenge your mother's Will.See question
My brother-in-law wants to make sure my husband gets the family land but the BIL hasn't done a will. (The BIL is very "old country" and never leaves his house so I doubt he will ever do an official will or file it with the county government.) If...
Your brother-in-law needs to do proper estate planningi, which woudl include a Will, Health Care Proxy and Power of Attorney. As for the land itseld, a Deed transferring the property to your husband, as joint tenants with rights of survivorship, will result in the property being transferred to your husband at your BIL's death. However, this would not avoid estate taxes at all. As pointed out, one other aspect is making sure that no one can contest what your BIL wants to do. Having your husband get a Deed drawn up and then taken to the BIL, who signs it, may not provide protection from a contest down the road. There are other drawbacks to a Deed transferring as joint tenants with rights of survivorship, primarily that the property is now subject to your husband's creditors and lawsuits. And your husband may be liable if someone gets hurt on the land. Proper planning can prevent all of this.See question
I am alternate trustee of a revocable trust fund in my husband becomes incapacitated. Someone else will be a trustee upon my hisband s death. Can he look at the will and terms of trust beforemy husband is dead?
No, he can not. Remember, your husband, if capable, can change his revocable trust at any time. Therefore, until he dies, the alternative trustee has no right to act, and therefore has no right to any informaton.See question