when I pass on want just one member of family to inherit our place, can this be legal with notized paper with witness and all our wishes. other member of family says its not legal
It is legal if it is done properly. Though, in theory, there are a lot of things you can do yourself such as your own dentistry. With dentistry, you will most likely know immediately if you did it wrong. The problem with do it yourself estate planning is that you will never know if you did it right. Leaving a mess behind for your family to cleanup is often times more costly than obtaining legal counsel to do your estate planning properly.See question
if the executor of estate has a payable upon death they can override a will
Yes, the POD takes priority over the will.See question
My mother passed away in 2009. My sister was left a percentage of land and personal property in our mothers will. My sister died in 2013 died in 2013. There are 3 other siblings with percentages also.
The title on the property should be reviewed. The title will have first priority in determining who receives the land. If the title does not specify, the land along with the personal property will be distributed under the terms of the will. Most likely, the will will state that your sister's children receive her share or that your sister's share be distributed to someone else. There are several possibilities but these are just a few of the more common scenarios.See question
I am concerned that my children will try to evict my girlfriend out of our home if I die first. How can I make sure that does not happen? She is disabled and to marry would cause her to lose her income. She pays the utilities now.
A life estate is a good option. It would give her the ability to live in the home for the remainder of her life. After her death, the home would pass to your children. However, it does not address the issue of what would happen if she moved out or got remarried. I understand that a remarriage would hurt her income but these things do happen. If these issues are a concern, you may want more detailed instructions that address these and other potential concerns spelled out in a testamentary trust.See question
My wife has 3 brothers and upon the death of my wife's mother all 4 children want to receive equal shares of the cds. The bank set the cds up with POD stated. But since my wife is co-owner my concern is that should her mother die first the cds w...
Right now, your wife will become the owner of the cds at her mother's death. Thereafter, unless your wife changes the POD designation, her three brothers would inherit the cds at your wife's death.
Your wife's name should be removed as a co-owner of the cds. All four children's names should be added as the POD designation. Your wife should get named as power of attorney for your mother so that your wife can access the cds if medical bills need to be paid.See question
Ok so after 2 years post my fathers death, the lawyer that I hired for my dad's estate hasn't responded to any of my emails or phone calls for 5 months. That last email he got was from my mom stating that my brother and I were trying to reach him ...
I am licensed in MS. Generally speaking, the attorney should answer to the executor/administrator as the executor is the attorney's client. An estate administration should have been filed in the county where your father died. You can contact the county's chancery clerk and obtain copies (probably for an additional fee) of the documents filed in the estate as they are public record. This will give you a good starting point. CorySee question