Is naming an executor a provision in the will.

If your aunt declines to act as executor, either in writing, or by not filing a Petition for Probate of your mother's estate timely, you can file a...

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Gifted by mom 90k & forgiven of gift 10k per year for 8yrs then passed away. Verbal agreement only. Can Executor challenge ?

If it was a gift, and all evidence is that it was a gift, the estate has no right to reimbursement. No promissory note and no repayment of any...

What would be the best trust to set up?

What is missing from the previous answer is the issue of the SSI benefits. You may not be able to keep your SSI benefits and receive the...

My Uncle Nic's girlfriend 84 years old died WITHOUT a will or trust. She has 2 homes, one each in CA and AZ & 3 adult children.

Unfortunately I agree with Ms. McMahon. With no will or trust, Nic has no rights to anything that belonged to his girlfriend. That said, Nic...

How can I stop the attorney I hired for administration and trust contest from representing other family members?

Is the conflict an actual conflict or a perceived conflict? Is the other family member's interests the same as yours or different? Have you...

Can a previous trustee's lawyer sue the Trust for fees after unsuccessfully representing the trustee against the beneficiaries?

This is a fine line. If the attorney was representing the trustee regarding trust business, yes the attorney can charge the trust. If the...

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If you violate a trust is there a ststue of limitatiins on having charges filed agsinst that person

Yes there is, but there are many factors including your age, when you found out, should you have found out earlier, was an accounting provided to...

Decedent's partner lives at the house and will not give access to the documents needed to execute the estate. Help?

As personal representative, you have the legal right to go to the post office (in your town) and do a change of address to get her mail sent to...

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It does not make the will or trust invalid in any way.

My passed away and left a living trust but the stepmom wont allow any one to see it..what can I do?

You are in a tough spot. If the trust is not irrevocable or your share vested at his death, you are not entitled to a copy. That said, it is...