Moms been deceased since 3-2008.No will need transfer in my name property in oklahoma
I agree that you need to talk with an Oklahoma Attorney. If the property is real property, I an assure you there will be no Summary Probate, you are going to have to open a Probate. However, if it is other assets such as a financial account, Oklahoma may have a Small Estate Collection Affidavit that can be used, but you need to talk to the attorney in Oklahoma.See question
My brother is asking the court for permission to sell our family home (to the co-trustee) having paid one bene to move out and evicting another. I was just wondering what weight the will has as opposed to the trust? Do trust amendments ratify ...
Generally, you are talking Apples and Oranges. A Trust is a separate entity that owns assets that are Funded into it. So, unless there is language in the Trust that allows the Will to change something, then the Trust governs the assets that it owns. A Will controls anything that remains in a person's "Probate" Estate. This means assets that are not owned by the Trust, or did not transfer to someone through a Payable on Death or Transfer on Death, such as a beneficiary on a financial account or insurance policy. However, when I do a Trust package for someone, I also create a Will which I call a "Pour Over Will". The primary purpose of this Will is to make the Trust the beneficiary of the Probate Estate, so that if someone died with an asset in their name, subject to Probate, that the Trust would end up being the beneficiary in Probate and the Court would order the property to be poured over into the Trust to be governed by the terms of the trust.
Not sure if any of this is helpful, bit I would need more information to be able to comment.See question
where can i cash it
You can't cash it. It is unclear who issued the check. If the combination of all of your Uncle's assets are under $150,000, then no Probate will be required. If that is the case, then you would send the check back to the issuer, along with the Affidavit that Ms.Routledge stated, and have it issued to whoever the legal heirs are. If his estate is over $150K, then a probate would have to be open, and the person appointed as the Administrator or Executor would have to send it back to the issuer and have it issued to the Estate of your Uncle.See question
My father and step-mother each had one child prior to their marriage 30 years ago. They created a trust which required upon death of one of them that the trust would split into an irrevocable Exemption Trust and a revocable Survivor's Trust. Ste...
I agree that your father should consult an attorney, and perhaps go to Court. Typically, the Exemption Trust is to provide for the surviving spouse, but protects the Principal. Also, typically, is the spouse is entitled to the net income if the trust has financial assets, or the beneficial right of enjoyment if the assets are property. However, if your father has the right to reside in the property, he would be expected to pay mortgages, property taxes and maintenance. I would have to read the trust to be able to comment.See question
I was contacted by the trust company that handled the sale of my mom's house (it foreclosed while she was in a skilled nursing facility and sold at auction the month before she passed away) a few months after she died, telling me there was $85,000...
The funds are under $150k, which is the threshold that requires opening a formal Probate. There is an Affidavit of Collection of Small Estate that can be prepared to get these funds, as an alternative to opening a Probate. However, it can be tricky who is the one claiming the funds. You should get counsel from a Probate Attorney.See question
Husband pass away receiving benefits what kind of attorney do like need.
Phillip Lindsley is a great, knowledgeable attorney in the San Diego area. I agree that you should talk with someone like Phillip. However, I am not sure you need much Counsel. If this is an ERISA Retirement Account, you just have to contact the company and they will send you a claims form. It is Federal Law that a surviving spouse if the Beneficiary of a retirement account. There should be no need for a Probate, and the Company can likely walk you through the claim process. However, you may want to talk to Phillip about your estate planning needs.See question
My wife wife became trustee and beneficiary of her mother's Trust upon her mother's passing. She has since been removed as trustee for very questionable and fraudulant reasons due to a petition for removal as trustee filed by her brother. The ma...
Yes, a properly drafted Power of Attorney would allow you to represent the Principal (your Wife) in bringing a Petition to the Court. However, I think you will have a difficult time to get someone removed as Trustee to be reappointed, unless she had the support of the family. Did the Court appoint a non-family member as the Trustee. Is it a Professional Fiduciary? It is going to look funny to the Court that you are having to represent her, and that she was once removed. I think you have a tough road to hoe, and probably do need an attorney. I would need more information to be able to really commnet.See question
I am the trustee on my mother's trust. I have been ill for a very long time. I was admitted into the ER ICU recently in kidney and respiratory failure, due to adrenal insufficiency. I was told this is usually fatal. Due to trying to recuperate,...
The answer to this is going to depend on what the Trust says. If it says you can add a Co-Trustee, then you can. If not, you might have to go to Court and have the Court reform the Trust language to allow this. Or, is there a Successor Trustee that is acceptable if you resign?See question
My husband established a will and living trusts in May 2012, two years before we married in March 2014. His oldest adult son was named executor and the documents included two other children as beneficiaries. My husband and I resided in Riverside...
The Will and Trust are enforceable. Just because you got married does not mean that they are no longer valid. However, these documents would only affect your spouse's Separate Property. Any community property interest would not be part of the Trust. So, are there assets that are held in the name of the Trust? If so, and they were owned by your spouse prior to your marriage, they are assumed to be his Separate Property, unless it can be argued that the community earned an interest in it. An example may be that if the home is in the Trust as his separate property, but the Community paid the mortgage and property taxes out of a joint community account, then the Community can earn an interest in the Separate Property, absent a Pre or Post Nuptial agreement that says otherwise. I would need to know more detail to provide you with a proper response.See question
the probate is separate from the trust.
I would need to know much more information and detail to properly answer. On the surface, a Probate Estate and a Trust Estate are different, and assets from one should not be used for the other. However, when someone creates a Trust, there is usually a "Pourover Will" that is also created, making the Trust the beneficiary of the Probate Estate. If this is the case here, I can see why the Administrator may justify using Trust funds to pursue litigation involving the probate estate. This is just my speculation. I would need to know much more of the facts to answer.See question