Questions on Wills and estates

I am the executor of my Dad's estate. Does this document give any powers to the executor? What am I allowed to do with this document? Thank you

The estate has not settled. It's been three years. There are homes that have to sell for any beneficiary to receive anything.

My sister in law died suddenly. She was unmarried, next of kin is her adult daughter. Daughter lives in OH, deceased lived in FL. There was no will, and the estate will likely be very small. How does she figure out if she needs to file to be executor or if she can just do an affidavit? What steps does she need to file in FL? We're struggling with the different state problem. Thank you for your help!

Hi, I am writing from the UK. I am helping a friend complete his late wife's estate. She passed away last August. She was a US citizen and held bank accounts in the USA - California. When she passed, they were residing in Italy. The Bank of America asked for a non-court probate affidavit. We have this completed now, but it requires a witness/signature/seal as the client is not in the USA. Who can do this, and is there an online facility that will accommodate this? Also, the form asks for his state of residency. He is in Italy- can we add this?- I would really appreciate your guidance Thank you - (The zip code below is not our valid one had to populate it to complete the question )

I'm wondering about the legal meaning of "share and share alike" in the following phrase: I give, devise and bequeath all the rest, residue and remainder of my estate, of whatsoever kind and nature and wheresoever situated which I shall own at the time of my death, or over which I shall then have any power of appointment, to my children, share and share alike, the issue of a deceased child representing and taking the share that said deceased child if living would take. My children are: [Names of 4 children] Does this mean it will be divided equally among the (4) children?

Most of my family members are overseas, I am 44yo but in case something should happen to me I see a lot of complications for them. Is it possible to hire a lawyer and share with him all relevant information in case anythig happens in the future? How would it work? Thank you

We live In State of Florida and my wife's mother lives in a paid off residence, one of her sisters had moved into the house to assist with the mothers care. The Mothers Will that is in effect at this time leaves the property and any funds, insurance etc., to be equally divided between all siblings. A Remainderman document was recently discovered on the county's appraisers wed site. That one of the sisters had secretly filed this remainderman document and had it recorded with the county Does the will over ride this remanderman document or does it over ride the will. What steps need to be taken to have this removed

I damaged my mom's car before she passed away. My siblings want me to pay to fix it so they can sell it for more money. It wasn't a lot of damage and my mom had no intention of having me pay for it.

I had a stroke went into hospital He change locks how do I get back into the home my mom left me & my brother

I signed a Post-marital agreement regarding a non-contestable will. My husband decided to change it and wrote notes on it and signed and dated. Is this even legal? I also need to know how probate works

Is it true that we only we either accompany the Revocable Trust with the Pourover Will or Assignment of Property to Revocable Trust but not both since having both will contradict each other?

just want to know time frame

House title on file is "Tenancy In Common" w/ wife and her own father. Title document was never changed following the old man's death and his daughter's marriage. Subsequently, a loan was taken out on house signed by wife and husband with house noted as community property. Husband later dies intestate w/ no children between them & one son from previous marriage. Husband's personal savings are in accounts POD with wife as beneficiary. He made verbal request that those savings go to his son, but nothing in writing. Would the son be able to claim anything at all?

I was told I was on the wills. I never received anything. Just words. I'm very confused and concerned. Thank you.

My niece was left a home by her great grandmother on her fathers side of the family. I am personal represenative to my niece estate. I sold my niece home and have to half the money between her father and mother. Her mother left her when she was six months old for my Nephew to raise her. She returned back into my nieces life when she was 30 years old, my niece did not want anything to do with her. My niece passed away at 32 years old. Her mother then went and put my nieces house under her name without notifying living relatives. This went to court and the judge reversed the mother as personal representative and appointed me, The aunt to my niece. There is no will

I want my boyfriend to be able to make the final decisions that we've talked about upon my death. I have 2 older children who are aware of what I want and they are completely on board with him being in charge. I just want to make sure everything is in order. I will also want to do whatever is needed for me for him also, because his situation is a bit different. He's got an older son who has nothing to do with him but IS his legal next of kin. I just don't want him coming in and trying to take control over anything.

I did my research before hiring him of the relevant state statutes and I am finding this guy seems to know not even the basics. By basics I am just talking about filing a creditors claim on an estate and he cannot answer any question which even I know with going to look. I thought the specialty skill advertised and higher rate meant he would be more efficient, move faster and better quality. Is that the point of specializing? And are you held to a higher standard than a generalist? I swear it feels like he is learning as we go.

My Father and Stepmother have listed in order my Stepsister as First executor and myself as Second executor in their Wills. My father passed eighteen years ago and my Stepmother just passed. My Stepsister has determined that she is unable to perform the duties of executor. They have a Revocable Living Trust in the state of California. To the best of my knowledge, it appears that Probate is not required. What is required for me to have the authority to gain access to all of various accounts in order to function as the executor?

He does have 1 child alive that had Down’s syndrome and has been taking care of by his step-children from his first marriage. He’s wanting me to get it because I was mom’s caregiver and have been his as well. Of coarse his one son couldn’t help , we never consider that , but he is worried if something happens that all his old step- children will come after it because they have his son with them. So moms name is on the land , his name is on that and the trailer. The trailer was never changed over to real estate. No permanent foundation was placed . He does have some Liens on the property. Could he put me on the deed without any trouble ? Or could I buy it from him for below market price ?

I am a US citizen and I have moved to Italy. Several years ago, I created a durable power of attorney in California so that my daughter can do some banking stuff for me. Some issues have come up and I have lost confidence in further entrusting my daughter to perform this task. I would like my son to be my new power of attorney to handle all of my affairs in the USA. As I am elderly, I cannot return to California to go through the process in person. How can I create a superseding power of attorney from Italy so that my son can manage my affairs in California? Thank you!

My father passed away and left the family house to his wife with no Will and then she passed away and left it to my little half brother. Then he passed away a month ago. But before he passed, he sold the family home, and the money was in a trust and a lawyers office, and I have no idea who the lawyer was, and need help finding them to claim the money as next of kin.

My mother recently put me on her mobile home title because she is actively dying. It is in rough shape and located in a senior park where she only pays space rent. Where are my legal obligations for bringing it up to code to sell it? What if I just walked away from it ?

My 90 year old grandmother has dementia and was living with my mother. My mother is the executor of her trust and was in the process of getting a medical directive, power of attorney, etc. but while doing so my aunt (mother’s sister) came to visit my grandmother while my mom was at work and “took” my grandmother home with her and we have not been able to find them. Now it appears my grandmother sold her home in Arizona. Is that legal if my mom was the executor of the trust and we have proof my grandmother wasn’t of sound mind? What can we do? I reported elder financial abuse to the county we think they are likely in, but nothing has come of it as of late. So upsetting! Any information you can provide would be greatly appreciated.

My husband passed away 2 years ago. We have a son who is a minor. In our family will I am the executor of our trust. When my husband’s parents passed away there were 5 GSTT accounts created. My husband had 2 brothers -one passed away 12 years ago,so his share went to his 3 kids. My husband was still alive , he had his GSTT that he was his own trustee on and his younger brother had his GSTT that he was his own trustee on. The younger brother was appointed as Trustee on Mom and Dad’s trust. He is the trustee on the 3 nephews as well. My husband did not have a successor trustee. My son is next in line, except he is a minor. Who should be in charge of my deceased husband’s account trust?

I live in Kentucky and my mom is in a nursing home in ohio. She has cancer and dental. Her insurance and Medicare ran out yesterday and they are going to start a process for Medicaid on Monday. My mom has a house and land checking and savings accounts and a vehicle and an ira and annuities. She has no will and I am an only child. I am her poa. Is there anything I can do to protect what money she has from being taken for nursing home payments instead of Medicaid being used?

Our father hired an attorney to represent him and create a will. He signed an agreement. He has passed away and the attorney has helped us (3 daughters) file the will in NY probate court. We have received the letters of Testamentary and are all three equal executors of our father's estate. Do we need to keep working with him? We did not hire him and he's costing us over $11K a month.

His adult kids stole his belongings at the hospital where she work saying he said give it to the other daughter yes it's sad

My wife passed away and she had created a trust many years ago before we were married. Her son was the trustee and the only asset listed on the trust is a property, which was sold several years ago while she was still alive. The trust was actually overwritten by a newer trust after we married which removed him as the trustee. There were additional assets listed in the new trust, but the fact remains that the trust he has only specifies a property which we no longer own. I was personally served the notification as his attorney is trying to administer the trust. Do I need to respond or can I ignore it?

I made a mistake when I filed my final accounting instead of paying to file the court clerk said I had a waiver. I did not remember getting the waiver as it had been around four years since and prior to my retaining an attorney who did the previous filings. I am now self represented and recently learned that if the situation of the conservatee's estate could pay the fees; even if I could not that I should have paid for this filing and possibly for the supplement I filed too; and requested reimbursement with my billing for conservator fees. However, it is more than 10 days since I filed my petition and am awaiting a final hearing. Should I now go and submit a FW-010 (explain through it) and pay the fees prior to my court date?

My partner and I made a trust. Was told that this trust cannot be revocable or change at all without my approval. Is this correct? Power of Revocation and Amendment While Both Settlors Are Living: During the joint lifetimes of the settlors, any trust crated by this instrument may be revoked or terminated in whole or in part by either settlor as to any separate and quasi-community property of that settlor and any community property of the settlors. Any trust trust crated by this instrument may be modified or amended by either settlors acting alone as to any separate and quasi-community property of that settlor and by both settlors acting jointly as to any community property of the settlors. Method of Revocation Any amendment ,revocation or termination of any trust crated by this instrument shall be made in written instrument signed by settlors or by the settlor making the revocation,amendment or termination and delivered to the trustee. If the instrument making the revocation, amendment or termination is signed by only one settlor and the other settile is living at that time, a copy of that instrument is delivered to the other settlor.