what is my responsibilities
You are not responsible for your father's estate unless you agree to do so or are assigned by a court a personal representative of the estate. If you are, then you need to take care of his estate with a fiduciary duty. The legal rights of the next of kin are to be notified of any benefits you may recieve under the estate. I recommend that if you are responsible for your father's estate, you should contact a good estate planning attorney to help you administrate things in the manner required by law.See question
my granfather past away.my uncle is excecuture of his will.my father is in his will. However my father past away in 2004. now my uncle is sending me documents wanting me to sign off on my fathers portion of his inheratence.Is this legal? Do I need...
I highly recommend having a lawyer look over your shoulder when signing any legal document. If your father has passed away the Will may have provisions for his share going to his descendants (typically) and therefore the Attorney representing the Executor will need each child's signature to authorize the distributions as proposed in the Will.See question
my mother-in-law is the executrix of her husband's estate here in Virginia. she has granted durable power of attorney to me. Can I act on her behalf as an executor of the Estate?
It is possible, but it requires that the Power of Attorney specifically grants you authority to act on her behalf as representative of the estate. Also important will be to know if you are acting in a formal or informal or non-existant probate situation where the court may not allow the representative of the estate to authorize such a power of attorney.See question
My parents have set up a living trust and want to purchase a new home. I understand that they can sign the deed as trustees of this trust, but should they also sign the purchase agreement and all other necessary paperwork required in real estate ...
Additionally, they will want to take copies of their Certification of Trust to attach to any agreements they sign as Trustee(s).See question
When parents executed their Legal Zoom Wills, they each signed short on the individual pages but did sign full names as typed on the final page. They also didn't include their SSNs where requested. Are the Wills valid? Both are still living so n...
There are several requirements for signing a legal Will in MN. The MN Statutes state them as follows: 524.2-502 EXECUTION; WITNESSED WILLS.
Except as provided in sections 524.2-506 and 524.2-513, a will must be:
(1) in writing;
(2) signed by the testator or in the testator's name by some other individual in the testator's conscious presence and by the testator's direction or signed by the testator's conservator pursuant to a court order under section 524.5-411; and
(3) signed by at least two individuals, each of whom signed within a reasonable time after witnessing either the signing of the will as described in clause (2) or the testator's acknowledgment of that signature or acknowledgment of the will.
For the answer to your question, it does not matter if they signed X or a short version of their names, as long as it is their legal signature (their full legal name is not required). To be valid it must be done in the presence of two witnesses as stated above, and there are other requirements of testamentary capacity which basically requires that they understand what the affect of what their signing is. They will save money by using Legal Zoom, but save a lot more by visiting a real Estate Planning Attorney and getting a Will, or Trust or other Instrument that will avoid all the problems that can happen on death. Best wishesSee question
I am listed as PR of my dads estate in MN. Dad had two vehicles, one paid and one with a loan with 6,000 left to pay on it. He wrote in his will that the one with the loan left was to be given to my brother. Brother has made all previous payments...
In MN, the gift to your brother of the vehicle will depend on how the Will is written and if it is in the personal property memorandum. It may be that the loan will be paid off by the estate and possible that it is not and goes with the gift as mentioned in the previous post. You should take the will to an estate planning attorney near you to get your real answer (Perhaps the attorney that helped you get appointed as PR). Best wishes.See question
HI, my Grandfather (Mothers Father) owned a piece of land and now that he is dead has left it to the heirs which includes my mother 2 brothers and a sister and also a widow of my dead uncle. I guess that makes 5 heirs. now the 2 brothers have sold...
I'm not licensed in NC and the laws may be different there. It appears from your facts of the question that the building has an undivided interest in the property. An undivided owner has a responsibility to the other owners to care for the property or they will be liable for damages to the property owned by other parties. The builder cannot legally do whatever they want, and the improvements to the property will be partly owned by your mother, so they will have to pay her from the income and other improvements. She cannot be foreced to sell. You should speak with a NC licensed attorney to find out what things might need to be done to stop what you don't want done on the property and also force the other party to divide the land up or pay the asking price.See question
I was named PR of my grandmothers estate. Since her death I have found out that my aunt who had been caring for her spent all of grandma's money (approx $225,000) and nothing is left but debt. All of the heirs agree that we need to hire an attor...
First, MN will not allow for attorneys to take a percentage of the estate. Second, to answer your question, you can pay the attorney out of the estate. So long as they have a good contract with you, they should be able to collect their fees, so long as there is enough assets in the estate left. Many attorneys would shy away from this, as from your post, it appears there is nothing left in the estate and what you are really doing is thinking about recovering from someone under a theory of misuse of estate funds. You should look for an estate litigating attorney, but I think you will have to find some money to hire one, as there isn't any readily available to pay him out of the estate.See question
Can a daughter's power of attorney override the beneficiaries listed on a life insurance policy taken out by a fahter?
Short answer is, it depends on whether the owner of the policy has given daughter a power of attorney that gives her the authority to change the beneficiaries on the life insurance. Also, the Attorney-in-fact must do what is in the best interests of the grantor of the power of attorney, not what is in their best interests. I recommend seeing a NY Elder Law Attorney as soon as you can to protect any assets that may be being diverted from their appropriate beneficiaries.See question
if my parents go to a nursing home will they take there home
You should contact a SC elder law attorney and bring some more information to get an answer. She will need to know if and when both parents are going to a nursing home, what is the title on the home and whether a child or sibling has lived and supported your parents at home before they went into the nursing home. Most importantly, they can tell you of ways to protect at least some of the value of the home in the worst of conditions. Best wishes.
Short answer: Yes they can, unless you do something proactive. (They meaning the county requiring a spend down of certain assets to obtain eligibility for Medicaid).See question