My sister is a convicted felon she got herself signed in as POA when he was 93 years old with dementia and she's drained the account and tells me now there's nothing I haven't even received my monthly check so I have no money to hire an attorney s...
If you sister was appointed, then you can petition the Court to remove her as executor providing proof of the felony. If your sister has not yet been appointed, you can oppose her application or file your own to get some qualified person to be executor. Even for lawyers, there aren't forms we pull off a shelf to do this. We create custom documents based on the circumstances; therefore, you need to retain an attorney to assist you.See question
we currently have a lining trust as husband or wife as trustees but a relative of ours husband died and their trusts husbands rolled over to a irrevocable trust for his part. We don't know why.
All trusts, including living trusts, are not created equal. One option that I often recommend is that the trust become irrevocable as to the deceased's spouse's share so that the surviving spouse can't change the decedent's estate plan, e.g.. give to a new spouse. Nobody can precisely answer questions about your own trust without reviewing the exact trust terms and probably having a consultation with you.See question
My father had what the probate court deemed a "valid" will but the will did not mention all three of his children/heirs by name, nor did it explicitly name my sister as executor. It mentions one heir by first name, another by middle name, and doe...
The muniment of title is necessary, but the vagueness of the will requires some evidence to clear up who the beneficiaries of the well are. I would've preferred to handle the estate by probating the will and the planning an executor, if possible, but the wheel had problems, so it's very probable that the attorney chose the right path for you. That the title company requires an affidavit of airship is a reflection that the will was not properly drawn in the first place not that you were deceived by the attorney.See question
Will my wife recieve my benfits if I die or will the government take the money
The government will seize the funds, without a doubt.See question
On the will said will give everything to the wife.
If I understand your question, the beneficiary of the insurance is "the executor of the estate." So, the will must be probated, an executor appointed, the executor can collect the life insurance, and then the executor will distribute the insurance proceeds, less any costs/expenses/debts, to the wife. You need the assistance of a probate attorney; probate is not possible without an attorney. Probate must be filed in the county where the loved one who died passed away.See question
My grandmother died in 2002 when I was a minor. It is known my older sisters and i had a trust fund set up before she past away. My Dad, I assume was the trustee after her death. I wish to see my grandmother's will to see what exactly it says conc...
Yes, the will is a public record. You may have to actually go to the courthouse to retrieve it because it was filed a long time ago. Search online at https://courtsportal.dallascounty.org/DALLASPROD/Home/Dashboard/29
If not available, you can at least get the case # and then call the clerk to ask how you could get the file. Once you get the will see if the will creates a trust for your benefit. If it does not, it is highly unlikely you were entitled to either upon reaching majority. If you have any questions, please send it to an attorney for review.See question
The personal representative would be one of the siblings.
If a personal representative is needed, you can't obtain an appointment without an application to the Probate Court. The law and courts require the assistance of an attorney. Probate is not a DIY project.See question
So this is a tricky situation. My grandfather passed away years ago, and he left multiple properties and inheritances to me & my family. We did not know at the time that she married him solely for money purposes and the week he passed away, she w...
So, let me recap: your step-grandmother abused your grandfather's estate, who passed away "many years ago." Your step-grandmother has now passed and you want to know if you have any claims against her estate? Based on what you said, the answer is a big fat "maybe." Claims against a wrongdoer do not expire with their death but time does bar the claims. If, for example, your grandfather's will was forged but was probated more than two years ago, you can not now contest the will. If step-grandmother was supposed to hold the lakehouse, for example, in trust for you but she instead deeded it to herself, the limitations period would run from the date of the deed and you would have four years to challenge. It is highly likely that the properties themselves can't be recovered if purchased by a "bona-fide purchaser (innocent person) for value" but damages can be recovered aginst step-grandmother's estate to the extent of her assets and subject to other claims. These are fact-intensive inquiries that require a one to one consultation to determine the viability of any claim/suit.See question
Does the executor have to wait the full 4 months for creditors to file a claim before closing the estate and giving the heirs their money?
The executor should always counsel with their attorney regarding these decisions, but the goal is for the executor to have extreme confidence that claims are paid in full or resolved before delivering the funds to the heirs. The executor is responsible to pay the claims, and if the executor fails in this vital tasks, the executor can be help personally liable. If the executor no longer has the assets of the estate and the beneficiaries will not return assets to pay claims left unpaid, the executor's assets will be subject to seizure to pay the claims.See question
My father passed away recently and I am the executor of the will. My mother, who is still alive, is the sole beneficiary of his estate. They owned one car which is titled to him only. My father had power of attorney for my mother which transfer...
Literally, you have no authority as power of attorney, no that isn't an answer. The question is, do you need to probate the will? Did they own a home together? If so, the best thing to do is probate the will, get appointed executor, and that authority will allow you to transfer Dad's ½ of the house to Mom and to sell the car and do anything else needed. If there is absolutely no other reason to probate, many auto dealers would probably accept your Mom's signature to transfer the title -- they would want a death certificate. Since she is in a nursing home possibly you could sell it, but this is not a legal transfer - the buyer is just accepting the imperfect title and taking the risk.See question