I bought a home less than a year ago from a trust. As soon as we moved into the house I started to notice a smell. you can only smell it when the furnace is not running. After a lot of research we discovered our septic line needed to be replaced ...
You have a difficult challenge. I gather from your facts that the trustee who sold the house to you was different than the person who created the trust. The fact that the individual, who I assume was older and in ill health) may have known about the problem does not mean that the trustee knew, and the trustee is only obligated to disclose what the trustee knew. If you commissioned a home inspection and it was done thoroughly, the problem may have been discovered and even covered by a home warranty which is often provided by sellers in real estate transactions. You may wish to visit with a real estate litigation attorney to whom you can show all documents and more completely describe all facts, but on the fact of it, given the assumptions above, I doubt you will be able to demonstrate any behavior by the trustee that would give rise to a successful lawsuit. That might be different if the trustee was a family member who had actual knowledge of the problem, but not necessarily. The actual wording of the real estate purchase contract is critical.See question
as an executor of the will do I have to pay for probate fees after three years of my father's death there is no money left. My father left my sister a mobile home that he had purchased for her and his name she was told to put the mobile home and h...
If your father owned the mobile home at his death, it doesn't matter if he wanted your sister to have it or not if there are no other funds to pay for his funeral, the executor's fee, the court costs and probably the attorney fee. The mobile home must be sold to pay all those costs, irrespective of what the Will says about leaving the mobile home to your sister. All those other costs have a higher legal priority than the bequest to your sister. All of this is supposition, however, because you have not given us all the facts of the case and we do not have the will to review. At a minimum you need to consult with an expert probate attorney who can review the Will, the facts and advise you. As the Executor you have personal liability for what happens in the estate, and it is risky for any executor to undertake those duties without hiring an attorney to help you avoid liability for errors.See question
We moved our mother from Louisiana to Cleveland OH to receive medical treatments 3 months ago. She passed away last week in Cleveland. She had a Will that was notarized in Cleveland, but a named executor lives in Louisiana. Do we need to go to the...
Based on the facts you provide, I think you could file the estate in either Ohio or Louisiana. If Louisiana is more convenient, I suggest you contact an expert Louisiana probate attorney to walk you through the process.See question
i know nothing about probate that is why i am looking for information
Probate is very procedural. The forms are arcane and not something you should try to figure out yourself. At a minimum you need to consult with an expert probate attorney to determine what needs to be done with your mother's estate, and you will most likely need to hire the attorney to handle all the paperwork necessary to settle your mother's affairs. It will be much easier and less costly if your mother has a Will.See question
Lawer of will refuses to answer my calls about the will and keeps sending paper to either wrong address or not sending it at all. Had to call him 4 times to get the will. No one will tell me what is going on with the will, not even the lawyer sinc...
I'm sure you'd rather have a different answer, but the only way to protect your legal rights is to have your own lawyer to represent you. If the Executor's attorney is misbehaving, a complaint to the bar association might be successful, but the odds are against you without representation.See question
My wife isnt sure if she wants me to make all of these decisions and wants a power of attorney and a living will even if she puts someone else can i still over turn them since she is my wife
As Mr. Jaap states, giving medical decision-making authority to a non-spouse can cause problems at the hospitals or care facilities, as it is natural (not necessarily because of the law) for them to defer to the wishes of a spouse. One of the things you don't want to do is muddy up the process at a time of medical crisis, which is when the health care documents are generally needed. I suggest you consult together with an experienced estate planning attorney to walk you through these issues.See question
About a decade ago my husband and I made a will and it was recorded by our attorney. We need to update/void the old will and add new will based on life changes but our attorney retired. Looking to for cost estimates and also the best way to go ab...
It is virtually impossible to give any type of accurate cost estimate. Someone once said "price is an issue only in the absence of value." Should you have a living trust (or trusts) or is a simple will sufficient? Are you getting new medical documents (which you should) and if so, will it include only a living will and a durable power of attorney for health care, or other documents like a letter to your doctor and waivers to overcome HIPAA impediments to intra-family sharing of medical information? Does the HIPAA waiver apply to your attorney in case your mental capacities decline and you seek to do something goofy with your Will in the future? Does your new Will "package" include a financial power of attorney, organizing materials, and instructions to your family? Are there any special needs persons in your family? Is it a first or second or third marriage? Do you have income or estate tax planning needs? What is the experience and expertise of the attorney and his or her staff? The list goes on and on. What you really need may cost $300 (be forewarned if price is your only issue) or $30,000 (or more), but the only way to know is to consult personally with an expert estate planning attorney, preferably a Certified Specialist, and have the attorney interview and educate you to help you determine exactly what is needed to optimize your planning and give you peace of mind.See question
My brother is the trustee of my moms will. She died recently and I was named as a beneficiary. I have had words with him about how he handled the trust Can he in any way remove me as a beneficiary ?
No, a trust or estate fiduciary cannot remove you as a beneficiary. He has a legal duty to follow the documents' instructions.See question
I do not have anyone to be executor of my estate, so, I was wondering what would happen if I do not have a will. Also, if I do prepare a will, but have no one to list as an executor of my estate, is there any options for someone to carry out instr...
Someone will need to be your Executor. Often clients will name their estate planning/probate attorney, but I always try to help the client identify a trusted friend, clergy, co-worker, accountant or someone else to accept that responsibility.See question
I never filed my final inventory.I have been remainded and fined by the court.Do I still have the position since I never did the inventory?
Your first problem is that you didn't engage an attorney on behalf of the estate. Your second problem is that, if you were actually appointed executor by the court, you are still the Executor until excused by the court. Now, at a minimum, you need to obtain the assistance of an expert probate attorney to advise you about your potential personal liability and what you need to do to protect yourself.See question