How does an individual assume his/her position as successor trustee?

Hello, To clarify, the trustee who set up a trust -- the grantor -- is still alive and the successor trustee wants to take over? If yes, then...

What rights does my spouse have if I die before the terms of the stipulation are reached? Can they still reside in the house?

Hello, During the stipulation period the spouse has no right because your bequest has not vested. When the terms of the stipulation are met...

Does my dads will need to be probated?

Hello, Yes your Dad's Will should be probated so that his heirs can receive their bequest and title to his assets changed. I have attached a...

Who do I go to when I need a copy of moms will,trust,and the probate record?The county clerk told me they have no record on file

Hello, First, I ask your brother why your Mom's Will was not probated and that you want a copy of the Will. If he does not respond I would...

How do I go about getting guardianship for a incapacitated parent

Hello, I attached a link that explain NY Health ^ Hygiene Law Article 81 to obtain guardianship of an incapacitated parent, It is recommended...

Hello, I have attached a link from MD's Office of Registry that explains the probate process in your state. If you have further questions,...

My daughter had my mom sign power of attorney papers after my mom had a stroke my mom didn't know she was signing these papers

Hello, If you have proof that your Mom did not have mental capacity when the DPOA was executed, you should consult with an attorney to explore...

What should I do to protect the inheritance I will receive from my dad if he dies before my wife & I file for divorce.

Hello, Generally an inheritance is your separate property unless it is commingled with your spouse's assets.

I do not see a siblings name on the Will who's now deceased, can her daughter petition Probate Court to be named Administrator?

Hello, It is not clear if your brother was executor and if yes, why he has not probated the estate when your Mom passed in 2001? Since your...

Should I bring lawyer with me in court for my fathers guardianship case? I wish to be guardian DA wishes public.

Hello, With the DA involved, you would be wise to consult with an attorney. AVVO and your local county bar association can provide you...