his son took the keys to apt. and has all his papers. his friends took his car. who decides who will be administrator.
In such cases the court decides who will be administer. The fact scenario you describe tells me this is already beginning to spiral out of control. Go see a probate attorney ASAP.See question
my brother is on ssi in florida when my father passes he will be inheriting an IRA will this disqualify him
SSI is a "means tested" public benefit program, meaning that in order to qualify or remain eligible your brother can only have limited income and resources. Unless your father does something regarding his IRA, your brother will most likely be over-incomed and over-resourced. The solution would be for your father to establish a third-party special needs trust. This type of trust could receive the IRA and other assets and hold them in such a manner that they would not be deemed to belong to your brother. Distributions could be made to pay for those things that are not covered by SSI and Medicaid, thereby improving his quality of life. This is a very complex area of the law so your father will need an experienced attorney. The type of lawyer who deals with these issues most often is an elder law attorney. Go to the website of the National Academy of Elder Law Attorneys at www.naela.org or the website of the Academy of Special Needs Planners at http://specialneedsanswers.com/ to locate a qualified attorney near your father. You/he might have to go out of town for services, but it will be worth the cost.See question
I work at a credit union and have a member whose father passed away. he is the only son and now has a check of 10,000 dollars made out to his dad or executor of estate.
Following Attorney Murillo's advice, have them send a copy of the small estate affidavit to the party issuing the check along with a letter telling them to re-issue it in the name of the heir.See question
Why would I spend the extra money to decrease probate time a little bit?
Everybody's needs are different. Trusts are frequently done so you can speak from the grave on how your estate will be distributed. For example, you may want to fund an educational sub-trust for children or grandchildren. You may want to provide for a special needs individual so they can maintain their public benefits and still improve the quality of their life. You may want to protect a spendthrift from their creditors or a person with a drug or alcohol problem from themselves and their "friends." You may have property in more than one state and want to avoid multiple probates. There are a lot of reasons to consider a trust, and they are all going to be personal to you. You should sit down with an estate planning attorney who writes a lot of trusts and wills so they don't have any particular slant or predisposition and review your needs.See question
Please note I'm not asking for the process of removing an executor of an estate. I'm wondering what the process is of creating the laws that decides the eligibility and regulations of an excutor, fiduciary and trustee of an estate and or trust. I ...
Laws (or rather statutes) are written and adopted by the legislature. The State Bars of the various states have nothing to do with it. Laws are also interpreted and applied by the courts, but again the State Bars have nothing to do with it. You should check your source of information.See question
My stepbrother is the trustee of my "Special Needs Trust" and refuses to send money to put tires on my car, unless I agree to his demand to have my monthly check of $200 I receive now reduced by $100 until the requested $600 is reached. Can he mak...
Special needs trusts are complicated and you haven't given us much information to go on. The general purpose of a special needs trust is to pay for those things Medicaid and SSI don't cover while maintaining benefit eligibility, but you haven't stated what type of benefits you are receiving. Since any cash distribution to you may impact or eliminate your benefits, your brother may be refusing to send money directly to you to put tires on your car. He could, however, probably make arrangements to have the tire store put the tires on without giving you any money directly. Has he tried? There Is a new type of debit card that allows a special needs trustee to prepay and fund purchases at specific stores for specific goods. One such is the True Link Card – www.truelinkfinancial.com. Have you had him look into one of those? It may just be that the trust doesn't allow for much discretion when it comes to principal invasion and he is trying to accumulate income to pay for the tires. You are entitled to a copy of the trust. Get one and take it to an elder law attorney with some special needs trust experience. You can locate one at the National Academy of Elder Law Attorneys website at www.naela.org.See question
My Mother never signed / notorized her amended will. When she passed the will she had was signed / notorized from years prior. My family seems to think the unsigned document can be taken to court. I say there's no leg to stand on with the o...
Just a thought. Perhaps the unsigned unwitnessed document is just a draft. It's still not a Will, but perhaps the attorney who drafted it might have a signed copy, if not the original, in their file.See question
She claims this is inherited therefore a protected asset, but does the $10 sale mean its actually not?
The $10 most likely is only a statement that the title was transferred for consideration. The deed probably says something like $10 and other fair consideration. It doesn't necessarily mean $10 was actually paid, particularly if it passed under a probate proceeding.See question
My grandmother died 17 years ago leaving 2 heirs and no known will. Recently one of the heirs died and 5 five children the remaining heir is claiming to have a will leaving him sole owner the property. I was not to locate a will on file and the...
You haven't indicated in what state your grandmother resided or where the property is located, but you should be aware that while a Will doesn't go bad, many states have a limitation on the length of time that can pass to deliver it to the court and open a probate. You should also be aware that a Will does not transfer title to property. Generally only a deed or court order accomplishes that, so an individual who sits on a Will thinking it gives him title to the property may end up being out of luck. This matter is going to require the services of a probate attorney.See question
I have a friend that wants to represent me on court Can a friend,family member, or advocate represent me in court if i sign a power of attorney
Powers of attorney have their limitations. For example, you can't authorize someone to engage in an illegal act. The unauthorized practice of law used to be a criminal act in Arizona (and it still is in other states). Now it is regulated by the supreme court. Outside of certain limited situations (like small claims court) a person has to be a licensed attorney to represent you.See question