My dad and grandfather left me a trust fund but my grandmother would not give it to me.
Mr. Douglas is exactly right. The terms of the trust control. You should be entitled to at least some information about it, however. If your grandmother won't provide you with the information after you ask her about it, then you may have to get an attorney.See question
Estate is in Georgia and deceased has a will, but the primary beneficiary is deceased wife. If there are no secondary beneficiaries listed, how do the assets of the deceased get divided? Deceased is survived by 2 children and spouse after first wi...
Without seeing the actual Will, no one can really answer that. However, assuming that the Will really just says all to my first wife (or something like that) and then does not make any provision at all for an alternative bequest if the first wife predeceased, then there is likely to be a situation where the decedent is deemed to have died intestate with regard to most or all of the estate. In fact, you mention a spouse (apparently one that married the decedent before his death but after the first wife's death): if the decedent's Will did not specifically provide for the possibility that he might get married after it was executed (likely it didn't, if he was already married to someone else at that time), then the second marriage may well have already caused the decedent to have become effectively partially intestate, because his new spouse would be given her normal intestate share. In addition, the existing spouse may be able to override any Will by making a claim for year's support.
PLEASE don't let anyone try to deal with this estate without the help of an experienced probate attorney. You are not describing a simple situation. But a competent attorney should be able to help figure things out and get things accomplished as well as possible under the circumstances.See question
My husband passed away with no will. Now his adult son has sent me a letter stating he was going to probate the estate and be the executor. Everything we have, we acquired while we were married. Does the adult child have any right to inherit a...
Please accept my condolences on your loss. Mr. Douglas has given you the correct answer. I would just like to add that whether or not you acquired the assets during your marriage does not matter in Georgia, because there is no concept of "Marital" property that applies in probate; only in an actual divorce proceeding. What does matter is how title is held and whether there is any beneficiary designation that applies.
If you and your husband owned most of your assets jointly, then one question is whether you held the assets as "joint tenants" or as "tenants in common." If you and your husband owned an asset as joint tenants, that asset automatically became yours when he died, and it did not become part of his probate estate. However, if you and he owned an asset as tenants in common, then his interest in that asset became part of his probate estate at his death, while you still continue to own your share. If he owned an asset in his own name, then one question is whether a beneficiary designation applied to it. If so, the beneficiary is now entitled to the asset. If not, then that asset is also part of your husband's probate estate.
His heirs, who as Mr. Douglas already stated will include both you, as his spouse, and his children (assuming all children survived him; if not, the list of heirs could also include grandchildren from a deceased child). The probate estate assets are to be used to pay debts and expenses, and then any remaining assets get divided among the heirs as Mr. Douglas described (equal shares for spouse and children as long as spouse gets at least 1/3; different shares if there are more than 2 children). However: you, as the surviving spouse, have the right to claim a "year's support" from the probate estate (as Mr. Douglas also noted). If there are no minor children (under 18), then you are the only heir who has this right. A year's support can not only get you more than a standard heir's share of the probate estate, it can also allow you to step in front of at least some creditors and possibly save some property taxes.
Don't wait any longer: get a consultation with a good probate attorney as soon as possible and find out what you can do to protect your interests. You've already been put on notice that your stepson may try to get involved; so find an experience probate attorney who has litigation experience, in case you need it.
Best wishes to you.See question
I am a beneficary of my fathers trust. There is his house that needs to go through probate . I would like an accounting before signing anything. I was threatened with being taken off trust if not signing, is this possible?
Maybe. As mentioned by the first respondent, a lot depends on how the trust is written, and also on how your father's Will is written, if he has one. Find an attorney who is experienced with probate and trust matters and have the attorney review the situation and any documents you have. It's the best way to protect your interests. Best wishes to you.See question
My sister was my dad's primary caregiver until his death. My dad did not have a will. My sister was appointed the administrator without my present. She didn't disclosed the my home which my dad co-sign as well as sold his house.
Mr. Ashman is right: you probably should have received notice, and you need to get an attorney as soon as possible to protect your interests at this point. Best wishes to you.See question
I am executor of my dad's will. My brother has taken the original will and cleaned out paperwork. Has taken other paperwork related to distribution of assets, changed passwords. I need the original will to file probate.
Listen to Mr. Ashman. It sounds like your brother is trying to take over, and you need to get an experienced probate attorney, preferably one that handles litigation in addition to other probate matters, and take action as soon as possible.See question
I am 22 years old and want to know if I can claim myself on taxes and my mother claim me as well as a dependent? We have been doing it for the last three years?
If you have enough income to be required to file your own income taxes, then it is not only not illegal for you to file an income tax return, you are required to do so, and pay any tax liability. However, if your mother is entitled to claim you as a dependent, and is doing so, then you are also required to declare that someone else can claim you as a dependent when you are putting your own income tax return together, and it does affect your taxes. You may not legally lie and state that no one can claim you as a dependent if your mother is entitled to do so and is doing so. You should strongly consider having an experienced and honest income tax return preparer help you with your returns.See question
Non married partners, granted life estate in home, to provide later security. No longer partners. Both party's are agreeable.
As already stated by the first two respondents, the person who was granted the life estate should be able to sign a deed transferring all interest he or she holds back the the original grantor, and I strongly agree with the first two respondents that you should consult a real estate attorney to be sure that the deed is prepared, executed, and filed correctly, or title problems might result.
I wanted to add, however, that (1) when the life estate was granted, the grantor (the one who gave the life estate to the other person) made a gift, which is likely to be a taxable gift depending on its value, in the year in which the transfer was made, and (2) when the person who was given the life estate gives it back, there will be another potentially taxable gift by that person to the original grantor, in the year the gift back is made. This means that the original grantor may have been legally required to file a federal gift tax return to report the original gift, and that the person holding the life estate now may be legally required to file a federal gift tax return in order to report the gift back. They should both consult competent tax planning counsel versed in gift tax and estate tax issues to determine whether returns were required and make sure they get filed.
For future reference: please note: any time you transfer something like an interest in real estate or another asset to someone else, there is likely to be a gift unless it's a full-value sale. This gets overlooked a lot, but it is a real consequence. Always get good legal and tax advice before you make any kind of transfers.See question
i inheritated a property and i have to the pay the taxes on the land. but the other properties that were not inheritated the taxes were payed for. when im paying my taxes is it for coming year or the year before that?
It depends on whether the prior year's taxes had been paid already. If not, you're going to pay both last year's and this year's taxes.See question
Divorced, son does not want anything, do not want my extended family to get nothing
I'll join the chorus: find a good estate planning attorney, and have them help you put together a Will that does what you want. In fact, you should also discuss the possibility of using a funded revocable trust, instead of just a Will, to help decrease the risk that someone will try to challenge your desired distribution plan. You should also ensure that you have a Power of Attorney and an Advance Directive for Health Care in place, to make sure someone can help you if you need it before your death. Finally, have your estate planning attorney advise you on how to set up asset titles and beneficiary designations so that your plan will actually work the way it's intended. Asset titles and beneficiary designations, if not done correctly and in a manner that coordinates with the plan in your documents, can destroy the best-designed estate plan, so be sure you get good advice on how to deal with those issues, not just a legal document called a Will. Best wishes to you.See question