Do we have to go through probate if no will and no assets ?

There is no legal requirement for you to open a probate estate, but if you choose not to open a probate estate then you would not get the benefit...

Can I sue the state for giving my father my social security money from my mother?

I'm sorry to hear about your trouble. Unfortunately, I can't help you with this. This is not an Elder Law issue, so I am answering only to change...

How do I remove my husband from a land deed/title?

It's possible to have your husband give you his share of this property by deed, but that will not undo the incorrect transfer, even though you will...

Is the executor of a will allowed to private/personal use of a car that has been willed to another family member?

No, the executor does not have access to estate assets (including a car) for personal use. The executor could use the car for estate purposes, or...

Am I responsible for my deceased wife's medical bills? She has no estate . I am the surviving spouse.

Generally speaking, you are not legally liable for debts of your deceased spouse unless you agreed to be responsible for them. However, creditors...

In Missouri, how would a pool of CD monies be distributed after the principals passing?

The information you have provided is inadequate to answer your question. Ownership of the asset will be determined by the legal title of the...

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Do I have a case?

You have some right to claim assets of your husband's estate (things he owned when he died) by pursuing a probate action in the County of his last...

How can my mom legally record a phone conversation with her husband that has moved to Oklahoma and ask for money?

This is not an elder law issue. You will need to speak with a knowledgeable divorce attorney to handle this matter. I've recategorized this as a...

Are trust assets taxable to beneficiaries?

The short answer is, "Yes, you have to pay taxes." The IRS wants its share of all income generated. Either the trust will pay taxes on income...

Is a withdrawal of tax free inherited funds, then a redeposit, considered taxable event?

This is difficult to determine without examining the trust instrument, but generally, if you withdraw money from an irrevocable trust, it is no...