Creditors have certain protocols they have to go through in order to get paid by an estate. If a creditor jumps through all the right hoops before...

State of tennessee. Brother died and no other next of kin. How do I get custody of his assets? Like storage facility, car, and

If brother did not have a will and you are next of kin, you have first dibs to qualify as the Administrator of his estate. This will give you the...

Can I do a 1031 exchanged and sell my rental property and buy my siblings property at fair market value?

If sibling will be receiving cash as part of the transaction (something which appears likely from your question) that may pose a problem. The IRS...

Is there a priority to an income beneficiary of a trust?

A full review of the relevant trust would be required to give a complete answer to this question, but as Attorney Goldman mentioned, specific gifts...

How do I become power of attorney of my husband while he is in jail

If he is competent, he can grant power of attorney despite his incarceration. If his mental disorder is such that his capacity to execute legal...

I need to make an adjustment to my will, I want to add my present wife to the will.

A small change to a will can be done with a codicil. More wholesale changes are probably best done by revoking the old will and starting over. A...

Do you recommend professional trustees to be the executor/trustee of your family's trust?

I think the answer is, "it depends." I've added a link to an article that discusses some considerations in making the decision.

Would it be best for my mother to sign the deed to her house over to my brother right now that she is still living or in a will?

One other consideration in addition to those mentioned by Ms. Santaella is "basis" for income tax purposes. There is capital gains income tax on...

Is the executor doing her duties properly?

As executor she has a fiduciary duty to act in the best interests of the beneficiaries. This includes things like sale of property at its fair...

Contact "probate" - what dos this mean?

In Virginia there isn't a separate probate court. If you're trying to contact the probate court in Virginia, see the Circuit Court Clerk in the...