Archived
My uncle passed away in Missouri, August 2012. He had no children. A "will" was discovered in safe deposit box. It was not a
Amanda's answer
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Answered on January 14, 2013
Wills are subject to state law requirements. If the Will is handwritten, many states will accept it as valid. However, even if there is no Will,...
My mother received a lawsuit settlement for my dad who passed away
She wants to share it with me . Do I have to pay taxes?
Amanda's answer
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Answered on January 14, 2013
I believe the gift tax exclusion amount is unified with the estate tax exclusion amount, making it $5.25m per person in 2013. Additionally, the...
Archived
Adult unlicensed grandson took car without permission and wrecked it tried reporting stolen but was told because he lives..
Amanda's answer
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Answered on January 14, 2013
This whole thing seems pretty fishy. You should definitely speak with an attorney about how to protect your rights. Even if the state does not...
Dad's Pour-Over Will says everything goes through the Trust, but are in conflict with his asset instructions. Which apply?
Amanda's answer
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Answered on January 14, 2013
In general assets designating a beneficiary pass outside of both probate (the Will) and the trust. Assets that are titled in the decedent's...
Archived
California What needs to be filed to Probate a Will
Amanda's answer
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Answered on January 14, 2013
You really need an attorney to help you out on this. However, as a general matter, if there is a trust, the Will will likely be a "pour over"...
Archived
My father set up a special needs trust for me (I am disabled.) He has deteriorated mentally, and may need a nursing home.
Amanda's answer
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Answered on January 14, 2013
You will need to verify that the power to fund the trust is allowed by the document or by state law before making the actual transfer.
Archived
Can I file for taxes? Do I have to?
Amanda's answer
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Answered on January 10, 2013
If you can't pay, you may incur penalties and interest on the unpaid amount beginning on Apr. 15. However, if you don't file you ALSO incur a...
Archived
Calculation SSA disability income for taxes
Amanda's answer
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Answered on January 10, 2013
You are a "cash basis" taxpayer so when you receive the cash, you pay the tax. This means that your SSDI will be taxable this year. Your...
How to gain access to my dead fathers bank account
Amanda's answer
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Answered on January 10, 2013
You should contact the bank to make sure that a POD (Pay on Death) form was not completed naming beneficiaries. Assuming that this was not done,...
Archived
How do I obtain legal guardianship over my mother?
Amanda's answer
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Answered on January 10, 2013
If you believe your mother requires nursing home care, you may want to speak to someone about Medicaid eligibility too. Medicare does not pay for...
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