Questions answered by Ruth Elaine McMahon

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Can executor change beneficiaries of will?

Ruth's answer | Answered on December 17, 2018

The executor cannot change the terms of the Will. The relative would be able to file as a creditor. Please consult an estate attorney.

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Do I have rights to my family home?

Ruth's answer | Answered on December 17, 2018

Dad owns the house and wants to remodel and sell the house. You have no right to live there without his permission. You need to find a new place...

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If my father passes away without a will, will my stepmother inherit everything?

Ruth's answer | Answered on December 17, 2018

I am sorry for your loss. The house and bank accounts that are in joint name go to stepmother. Assets in father's name only would be divided...

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Why

Ruth's answer | Answered on December 11, 2018

You must pay rent because you do not own the property. The heirs are entitled to receive rent.

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My son passed away in probate. Mother receives house and assets from the court. Does the step father have any rights?

Ruth's answer | Answered on December 11, 2018

Stepfather has no rights. However, if you refinance, the finance company will ask him to sign documents.

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How can I, as a listed trustee, get an annuity that was part of an irrevocable trust. Without going to probate?

Ruth's answer | Answered on December 03, 2018

If the annuity was an asset of the irrevocable trust, you should not need letters testamentary because an irrevocable trust does not go through...

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Can a trustee sale a house to a beneficiariry far below market value in California?

Ruth's answer | Answered on December 03, 2018

Trust property must be sold at fair market value. The house should be appraised and offered for sale per the appraisal - to beneficiaries and the...

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I am the beneficiary of my husbands IRA account. He recently passed away, should I transfer the account to my name or leave it?

Ruth's answer | Answered on November 28, 2018

The Will must be filed with the court whether you need a probate or not. You do not have to probate an IRA. If you have an IRA, you should "roll...

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Executor of estate borrowed money and paid it back. Will they get in trouble?

Ruth's answer | Answered on November 28, 2018

It's taking too long to close the estate. 3-4 years is unusual. RE: borrowing money and repaying it - it depends. It depends on the amount, when...

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If a person fills out a will wouldn't that will be paid and the reading of it

Ruth's answer | Answered on November 14, 2018

What is the $650 for - a retainer for services? The Will needs to go through probate for your wife to get her inheritance. $650 is a small amount...

Ruth Elaine McMahon's Answers (5791)

Can executor change beneficiaries of will?

Do I have rights to my family home?

If my father passes away without a will, will my stepmother inherit everything?

Why

My son passed away in probate. Mother receives house and assets from the court. Does the step father have any rights?

How can I, as a listed trustee, get an annuity that was part of an irrevocable trust. Without going to probate?

Can a trustee sale a house to a beneficiariry far below market value in California?

I am the beneficiary of my husbands IRA account. He recently passed away, should I transfer the account to my name or leave it?

Executor of estate borrowed money and paid it back. Will they get in trouble?

If a person fills out a will wouldn't that will be paid and the reading of it