My father passed away and my mother is in a nursing home ?: There is two children my sister and I which we agree to have the property placed into both of our names, but my sister's daughter feels she has some type of say so when it comes to everything regarding my parents and I feel she is trying to undermine my sister and I with our parents property, she feels that she she should be placed on the house which is not something we agree with what do we need to do as the children and our mother is still living but not able to make decisions for herself. What steps should we take in this matter
Ernest’s answer:
You have a potentially complicated situation that should be addressed with the help of appropriate counsel. This would probably not be a good DIY project that you could handle on your own based on some answers you get online because of the potential pitfalls that could be very costly if you cut corners now.
While she is living, your mother would generally be the person who has rights to your parents' property. If she is able to make decisions for herself, she can and should seek out legal counsel as soon as possible to help make sure she receives all of your father's interest in their property AND to make her own living trust/estate plan to pass her estate to her family as she chooses. Her grandchild/your niece, may or may not be included in her plans - that is up to your mother to decide.
Your mother may also be receiving need-based government benefits that cover some or all of her medical care/nursing home needs. As has been addressed by the other counsel on this board, she may need to confer with a benefits attorney to make sure her benefits will not be affected by anything she receives from her husband, by investment decisions she makes, and to avoid her estate having to reimburse the State if the benefits she received are of the type that have to be paid back from her estate upon her death.
If your mother is not able to make these decisions for herself, you may need to look into filing for conservatorship over her so you can have court authority to handle these matters, and then get an estate plan in place for her with the court's supervision and approval.
If money was distributed to beneficiaries of a trust and months later the executor was informed that add'l money was owed from: the estate, who, if anyone, is responsible for payment? What if there is no money left?
Ernest’s answer:
Take the creditor's documents and ask the attorney who represented the Trustee in administration of the Trust, if any. If no attorney was used, the trustee should find an attorney to review the estate planning documents and the claim for money owed by the decedent. You stated that there was a "trust" but that the "executor" was informed about additional money, so it is unclear whether the decedent has a trust, an estate, or both. The requirements for handling debts are similar but not identical, between a trust and a probate estate.
The attorney can help the executor or trustee to determine whether the claim for money owed was properly filed in a timely manner, how the trust or estate should to deal with the debt if it is not barred by the statute of limitations, and whether or not the Trustee/executor would incur any personal liability for the debt if the amounts already paid out can't be recovered from the recipients. They may also be able to help you negotiate a resolution with the creditor short of litigation.
This type of scenario is exactly why we strongly advise that anyone handling someone's estate as a trustee or executor, should absolutely hire an attorney to advise them in the proper administration of the decedent's property. If handled properly, the time to file a claim for the decedent's unpaid debts should have expired before payment to the beneficiaries was made, in which case the creditor would not be able to collect from anyone.
A friend was in the middle of a divorce and suddenly passed away. Can her husband claim money her mother gave her?: A friend was in the middle of a divorce from her husband of 40 years, who left her for another woman. Her mother gave her $50,000 after they separated and filed for divorce to help her out as she depended on her husband for support. She sadly passed away suddenly. We think her husband may try to claim the money her mother gave her since the divorce was not final. Would that happen? Or can it go back to her mother? I believe my friend had it in an account in her name only.
Ernest’s answer:
The answer to your question is very fact specific and the surviving family members of your friend need to consult with an attorney as soon as possible. The family should also check with the bank to see if your friend designated a POD beneficiary to receive the account upon her death.
If your deceased friend had property that had no designated beneficiaries or joint owners, that property would be part of her estate. Your friend's debts will need to be paid from the estate and what is left after payment of all of her debts will pass to her heirs. If she had a will or trust, the persons she named as beneficiaries will receive her property.
If she did not have a will or trust, her husband will have a claim to receive at least a portion of her estate if the divorce was not finalized prior to her death. Many divorce attorneys advise their clients to make a will or trust while the divorce is pending to make sure the divorcing spouse doesn't inherit.
Your friend and her mother may have intended for the $50,000 to be a loan to help your friend get back on her feet. If that is the case, the mother would need to file a creditor's claim to make sure she is repaid the loan in the estate administration. A loan is a debt of the estate.
All of this should be discussed immediately with a probate attorney. There are time limits on collecting debts from the decedent's estate. The children or mother of your friend would be the ones with standing to bring court proceedings so they need to seek counsel immediately.