However my aunt took over care for him and the trust was changed and November of 2015 even though he was incompetent and was found with severe dementia is this legal or with this change hold up in court
If your uncles new wife is using undue influence to change the terms of a long standing trust, you may want to consider a trust contest action to stop her before all the assets are spent.See question
Hi my grandfather past passed away in 2003 he left a living will my uncle was the beneficiary of it in the living well there was nothing pacifically given to anyone it was just supposed to be divided. All the assets were sold and divided between u...
Unless you are named as a beneficiary of the Trust, anything you receive is based on the goodwill of those named as beneficiaries in the trust. I would tread very lightly here, as you may not want to alienate anyone.
See if you can get a copy of the trust to verify if you are named or not.See question
My mom passed and all 4 of us are listed as trustees. We r selling yhe house. So that escrow does not need 4 signatures they want us to sign the trust resig. Will i no longer be a beneficiary?
If you resign as Trustee, you will remain as beneficiary if you are named as a beneficiary of the Trust.See question
My son who is 35 years old passed away suddenly. He lived in philadelphia all his life. Passed away in philadelphia .He has no will. He is unmarried and has no issues.He kept us , his parents as his beneficiary for his 401k but did not keep anyon...
You cannot transfer his IRAs to your name. His estate is the beneficiary.
If he didn't name a beneficiary, the funds will go into his estate and will be distributed through probate, causing delays, reducing the amount received by the beneficiaries, and limiting payout options. You will need to get a probate attorney.
As for the condo - sell it. Long distance landlording is very difficult. Keeping a real estate investment for sentimental reasons is never a good idea.See question
My father has a revocable living trust. Me n my 3 siblings are the beneficiaries and we each own 25% of the home. I was just made aware that my sis who is the executor approved an offer to buy home. She has no power of attorney or special privileg...
You can file a petition for an accounting, and the court will order he rto provide an accounting.
If the house is owned by the trust, and you 25% is as a beneficiary of the trust, then you are not on title. The trustee has the powerr to sell the house to make the distribution to the other beneficiaries. She does not need your approval or to notice you.
If however, she is self-dealing or breaching her fiduciry duty by selling it below market price, then that may give you cause to have her removed as trustee. What does the realotr say about the valuation?See question
We bought a house built in the 1960 s 15 months ago last week we had an electrical fire in the attic frayed wires we found it in time But insurance inspection found Asbestos and Black Mold Weren't we to be told about this by the realtor Do we ha...
There is nothing wrong with Asbestos as long as you dont disturb it. There a thousands of varieties of mold - most is harmless.
Leave the Asbestos as is. You can remediate the mold. 1960s is not that old and many of those homes were very solidly built.See question
I put in a creditor claim on my Father in law estate when he died and the estate was sold how long do I get information on when I get paid . Do I get a letter from the courts on a date that I will get paid oh what?
It sounds as if a probate case was opened. You should file a petition in the probate case for a determination on your creditor's claim. Havwe you contacted the attorney for the probate estate regading payment?See question
My fiancee has some assets in a family trust. On occasion the IRS has disputed the nature of the trust distributions claiming they are income, when in fact the transfers are recorded as loans. This is family money spread amongst multiple household...
A fiancee with assets in a trust is not a bad thing. It sounds that the CPA reporting the distributions should be replaced - two audits is a bit much.
Unless there is fraud, the statute of limitations is three years from filing, so her distant past should not be a concern.
Unless you have a large estate, then I think you areoverly concerned. If you are young and this is a first time marriage, Setting up seperate trusts is a bit much. But for a second marriage with a large estate, then that might be required, along with a preneptuial agreement.See question
I am currently going through a divorce during which I discovered that my husband has forged my signatures on quitclaim deeds on properties we jointly owned and had even transferred a couple of them to his son by previous marriage. I want to report...
The District Attorney has a real estate fraud department. Normally, criminal complaints state with the filing of a police report, but you may be able to go directly to the District Attorney.
If the son still has the properties, you can sue the son for fraudulent conveyance and get the properties back.See question
In Butte Co Calf our Trustee is continually paying himself for a variety of things and want to know what his payment is based on and what we as beneficiaries ate expected to pay for? Is Trustee payment based on a % of the Estate value and is there...
There is a rule of thumb for many Trusts that a fee approaching 1% is reasonable. However, some estates are more complex and require more Trustee time.
As a beneficiary, you are entitled to a breakdown of the funds the Trustee has paid himself and the reasoning behind each payment. If it is excessive, you can challenge it by filing a petition with the court.See question