My mother passed 3 years ago I just found out my brother did not list me on the administration for the estate stating he was an only child the estate which is 75000 plus now an extra 49000 that he just recieved from a structured settlement lawsui...
Since you say you need an attorney ASAP, rather than waiting for days for a response (one that may not come since on AVVO attorneys are limited to giving advice and aren't supposed to solicit employment), I suggest yo use the AVVO Find a Lawyer tool to locate a probate litigation attorney where the probate took place and contact them directly.See question
I am administrator of my mothers estate and my brother is in prison in wa state. who do I notify about seeing if he owes restitution and if he does do I pay it out of his share or once I notify them is it between my brother and the state?
Yours is an unusual situation involving several divergent areas of the law. That may be why you haven't gotten much response. Were I in your position, and if the estate was in a state where I practiced, I would open a formal probate (even if the amount of the estate is small), send notice to your brother, and let the state pursue its claim. The state is his creditor, not yours, and not a creditor of your mother's estate. Use the AVVO Find a Lawyer tool to locate a probate attorney.See question
My parents left 1/4 of the sale of house, property, etc. to each of the sisters. There are 4 , I am youngest. My brother in law is executor over estate for paperwork , but not decision of sale. We had to sign legal document for my nephew to live i...
From the information you have provided, it is hard to tell exactly what is being done. What do you mean when you say your brother is "executor over estate for paperwork?" Is the an action in the court? Was a probate opened? The best advice anyone can give is to tell you to contact a probate attorney to review the paperwork to which you refer. A letter to your brother from an attorney may go a long ways to moving this matter along.See question
I am 55 yrs old and I took in my 66 year old invalid sister 8 yrs ago when our Mom passed away. Well she is almost at the point where she cannot go to a daycare and needs 24 hr care. How do I stay at home and get paid to take care of her?
As Attorney Neufeld says, you will probably need a well written personal care agreement if you want to get paid moving forward. Be aware that income and employment taxes will need to be paid, but that is not the end of the world if it can save part of your sister's estate from being spent on strangers taking care of her. Use the AVVO Find a Lawyer tool to locate a local elder law attorney.See question
My mom is in a nursing home and I Don't think she's going back to her assisted living.
It may seem like a simple question, but it has a lot of moving parts. Because the answer is fact driven, it is imperative that that you get with an experienced elder law attorney ASAP to go over your mother's situation. For example, it might be possible to use the life insurance to fund an irrevocable prepaid funeral plan. You can locate an elder law attorney near you by using the AVVO Find a Lawyer search tool.See question
My best freind is incarcerated and her father just passed away. She wants me to be power of attorney while she is in prison. I'm not sure how to do this.
It is common need for inmates to appoint a trusted friend or family member to act as their agent in dealing with matters on the outside. The proper tool to use is a power of attorney, either general or limited. She should ask her attorney for assistance in preparing such a document or recommending someone who can. She can also reach out to the warden for assistance with the document. Before you agree to act as her agent under a power of attorney, I recommend that you go to the Consumer Financial Protection Bureau website and download their booklet on serving as an agent under a POA entitled Managing Someone Else's Money - Help for Agents Under a Power of Attorney. It is easy to understand and can keep you out of trouble. Here's the link: http://www.consumerfinance.gov/managing-someone-elses-money/#power-of-attorneySee question
My 3 year old son and i moved in with an elderly lady who became like a mother to me and considers my son her grandchild. She is now not in the best of health, and told me she does not know how to go about leaving the house (fully paid for) to us ...
As has already been stated, it all depends upon the language of the trust. If the trust was established by the husband, it may have become irrevocable when he died, meaning it can't easily be changed. If she is indeed the trustor, meaning she and her husband established the trust together, then there may be some hope. The trust document needs to be reviewed by a knowledgeable estate planning attorney.See question
I lost my father in 2009. He made my brother and sister power of attorney. Still living with my mother I seen money missing from her account's. I found out my brother's home was paid off beside him getting a new car. I also found out the money cam...
If you are talking about your father's POA it terminated when he died. If you are talking about your mother's POA then only she can put your name on such a document. She has to be competent in order to do so. Your only recourse may be to file to be appointed as her guardian/conservator which will likely result in as negative of a response from your brother and mother as that which your sister experienced. If you think your brother is financially exploiting your mother you also might want to contact Adult Protective Services.See question
I have a certified judgement from small claims court for$5k.. I just found out the person died on 9/8/16. I think I need to get it from his estate.. but I don't know who the executor or if he even has a will he was only 42 years old. He died in P...
Don't waste any more time. Consult with a probate attorney ASAP. There are generally time limits after a probate is openned in which a creditor must file their claim or they are forever barred from getting paid.See question
My father has dementia. He continues to drive, is non compliant with taking medications. he is paranoid at times and has agitation with outburst. It was alluded that my brother has power of attorney. How do I find out if my brother has power of a...
While I agree that your problems may go beyond the issue of whether your father ever executed a POA, getting back to your question of how to find out if he has, first check at the courthouse. Often POAs have been filed in the official records of the county clerk or recorder.See question