So, bear with me? My mother hasn't done the probate on my grandmothers estate. Grandmother passed in 2021 in WV but....
Paul's answer
|
Answered on December 19, 2024
I am not sure of the statutes in WV, but typically if you are named as a beneficiary in the Will you can petition to open the probate. Any...
If a surviving spouse files a qualified disclaimer for assets of decedent spouse's estate, are these assets subject to probate?
Paul's answer
|
Answered on December 19, 2024
Speaking very generally here, a Disclaimer is a provision that allows a surviving spouse to disclaim up to a maximum amount from their deceased...
Can the executor change someone's trust from a revocable living trust to a "Special Needs" trust?
Paul's answer
|
Answered on December 19, 2024
Whether or not the Trustee has authority to determine the form each beneficiary's share takes is spelled out in the Trust. Many Trusts have a least...
Can a person with financial power of attorney declare someone incompetant just by saying him and his wife think she is
Paul's answer
|
Answered on November 26, 2024
The previous answer is spot on, I just want to add that in addition to the POA typically defining a method to determine incapacity, they typically...
How much money can I gift a friend monthly who is on Medicare without affecting her benefits? ?
Paul's answer
|
Answered on November 26, 2024
You should contact a medicaid professional in IL to be sure because Medicaid is a state run program and rules vary state to state.
In general...
I currently have a TOD set up do I have to change to a trust if I want to add my other children ?
Paul's answer
|
Answered on November 25, 2024
A TOD is not an advisable way to pass real property as it clouds the title among other issues. It is better to have that property in a Trust where...
For a revocable living trust, do the 2 witnesses' signatures need to be notarized as well as the trustee's signature?
Paul's answer
|
Answered on November 25, 2024
The requirement for two witnesses applies to a Will. Having the two witnesses notarized is an option but it saves a lot of hassle later on so we...
How can I find out if my mother's estate was submitted to probate?
Paul's answer
|
Answered on November 21, 2024
Probate records are public records so you should be able to obtain a copy from the court. You did not say which state but I did a quick Google...
What can we do to avoid probate before my sister passes away?
Paul's answer
|
Answered on November 21, 2024
I agree with the previous answer from Andrew M. Wolfenson but wanted to add one clarification. You asked if you can avoid Probate and it is likely...
Can my inheritance be put in a trust to reduce or eliminate ?inheritance taxes
Paul's answer
|
Answered on November 21, 2024
In general, a Trust is not used to avoid or eliminate taxes. This is a common misconception. The value of a Trust is to expedite the settlement of...
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
The Avvo Rating explained
The Avvo Rating explained