Browse Questions About Will and Trust - Page 1

My father didn't leave a will, and I live in his house. My brother wants to divide it. Can I make it solely mine?

Question - Because your father died without a will—or “intestate” in legal jargon—his property will be divided up and distributed according to the formula set out in state law. These state formulas specify that the property goes to those most closely related to the person who ...

1 Expert Answer, 1 Community Answer

What is the difference between a will and a trust?

Question - Both documents transfer property when a person dies.

1 Expert Answer, 1 Community Answer

Who should be the will executor for my mom?

Question - Your mom is wrestling with a common problem. Just as she didn’t want to show favoritism among her daughters during her lifetime by consistently giving one of you the biggest piece of pie or the latest curfew, she wants you to feel equal—or at least equalish—treatment coming from her after her death.death...

1 Expert Answer, 1 Community Answer

Can a stepmother take all assets if the siblings were excluded from the will?

Question - The law allows people to leave their money and other property to anyone they wish—and also to exclude those that the world might normally assume would get some of their riches, such as children.

2 Expert Answers

Does you have to live in the same state to perform legal executorship?

Question - No, but depending on the state law that applies, there may be some restrictions and added qualifications about who can serve and how they operate.

1 Expert Answer

How can I ensure my daughter gets what I leave her and not the IRS?

Question - I am leaving everything to my daughter but she is on a payment plan with the IRS. How can I make sure she gets the proceeds from my accounts and sale of my home?

When you have a living trust do you need a will?

Question - Living trusts and wills function almost the same during life. The difference is that when you die, the title to the property in your trust will pass automatically to those you named to take it; wills must generally go through a court's probate process...

1 Expert Answer, 1 Community Answer

In Ontario, what happens if a spouse dies without will?

Question - What happens to the property the spouse owned at death depends upon who is left surviving. The property is then distributed according to a specific hierarchy set out in a law called the Succession Law Reform Act.

1 Expert Answer

How can we find out if my mother-in-law had a will?

Question - Assuming that you or your relatives were not able to find a will in the more obvious places at your mother-in-law's home and office--desk drawers, file cabinets, closets--there are a number of other places you might try.Some people lock away their wills in safe deposit boxes, even though survivors often...

1 Expert Answer

When making a minor change in a will, do I need to have it done by a lawyer?

Question - The lawyerly answer is: It depends.

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What will happen to my brother's share of inheritance if he cannot be found?

Question - Most probate courts operate under the rule that the executor, or person who is named in the will to round up and distribute the property as it directs, must make a "reasonable" efforts to locate all beneficiaries "within a reasonable time."If the court is satisfied that your brother cannot be found,...

1 Expert Answer

Do we need to inform the first attorney that we wrote a new will with another attorney?

Question - You might assume that the second attorney made sure that all formalities were followed to make your second set of documents legal and effective. But you must also want to heed that life adage about when you assume something, it risks making an ass of "u and me."From a legal standpoint, the will with the more recent date supersedes the older one...

1 Expert Answer, 1 Community Answer

Can a will alone cover my dad's estate planning needs?

Question - For many people who have straightforward property ownership and straightforward plans for how they want the property they own divided when they die, a will may be sufficient to do cover that task. This is true because many assets, such as retirement funds and often bank and other accounts, can pass directly...

1 Expert Answer, 1 Community Answer

Does a name on a deed override the name in a will if the deed is dated after the will?

Question - Sounds as if the deed rules here. If your mother changed the legal owner of the house to your sibling, then the property was not in her estate when she died, so what the will states about it no longer has any effect.

1 Expert Answer

When parents move to a new state, are their wills and trusts valid in the new state?

Question - A will or trust valid in one state is, broadly speaking, valid in all. But there is a big difference in laws that control how married couples own property. In community property states, they share most property, but are free to leave their own half by will or trust...

1 Expert Answer

How can I prove I'm entitled to my mom's estate without a will?

Question - My mother has passed away but she never wrote a will and I am the only child she has. How do I prove that I am entitled to her estate? There are things like the insurance that are still in her name, along with checks that are sent out. I need to have these checks in my name so I can cash them but there...

Is it better to leave my property by will or living trust?

Question - The first step for you to take is to look closely at the documents specifying how the title is held to the property you mentioned. Generally, property that you own with another person -- in joint tenancy, tenancy by the entirety, or community property with right of survivorship -- passes directly to...

1 Expert Answer, 1 Community Answer

How do you know if you were left anything in a will?

Question - When a person dies, leaving behind a will, the executor named in it is responsible for notifying all the beneficiaries mentioned in the will and for distributing the property to them as directed. The executor can be anyone the person decided to name, not necessarily a spouse.

1 Expert Answer, 1 Community Answer

How to create a non-contestable will?

Question - It sounds as if you've done a good job in getting your mother's affairs in order.Wills are actually quite difficult to contest. Your mother's husband would have to prove either that your mother did not have the capacity to make a will because she was not mentally competent to do so, or that she was put...

1 Expert Answer

Does a joint will have to go through probate?

Question - Simple as this question sounds, it actually raises a couple of issues. First, if the husband and wife actually own property jointly -- that is, it is designated as "joint tenancy with right of survivorship," "tenancy by the entirety," or "community property with right of survivorship" on the deed or...

1 Expert Answer

Can a lawyer deny changing of a trust?

Question - Your mother has the legal right to change her will and trust provisions as long as she has the mental capacity to do so. To pass the test for mental capacity, the law requires that she must know:

1 Expert Answer, 2 Community Answers

Can the trustee of an irrevocable trust be changed?

Question - It depends. The first thing to find out is whether that irrevocable trust permits the changing and replacing the trustee, and on what grounds such a change can be made. If so, it may spell out an easy way to remove and replace the trustee. If not, you had best consult with an estate planning attorney...

1 Expert Answer

How do I go about changing the beneficiary on an irrevocable trust?

Question - In legal jargon, it’s the trustee, who is charged with managing the trust assets, who is generally also responsible for providing information about the transactions. Beneficiaries are those named to get the trust assets.

1 Expert Answer

Is there such a thing as an irrevocable maintenance trust fund?

Question - An irrevocable trust is one that can't be taken back or "revoked" after it's established. Such a trust can be set up to operate in a number of different ways, depending on the trustmaker's goals and the trust beneficiary's needs.It can provide a steady stream of income to a beneficiary, which is sometimes called a unitrust...

1 Expert Answer

How does property not covered by a trust get divided?

Question - The situation you describe is a common one, since many people put only their most valuable property in a trust, or acquire property after a trust is set up but neglect to transfer it into the trust.

1 Expert Answer

Can all children see their parents' living trust?

Question - First, just a brief note on some confusing legal terms. A living will is a document that allows people to specify the kind of medical care should be given or withheld if they became unable to express those wishes. A living trust is similar to a will, as it specifies who should get property after death--and it sounds as if that is the topic of your concern...

1 Expert Answer

Does Mom still have first say if I'm the POA for Dad?

Question - This is quite complicated and unfortunately no one could begin to give you advice without reviewing the documents themselves and discussing the circumstances under which they were executed.

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My brother is in a nursing home. Does this mean he is no longer responsible for property he owns?

Question - You want to know if your brother, who shares ownership of a house with you, remains responsible for sharing the house expenses, although he is now in a nursing home. I believe that legally he does remain responsible for sharing the house costs. His obligations as an owner do not end simply because he is no longer living in the house...

1 Expert Answer

What should a person with guardianship get paid from the estate?

Question - I have the same question. Everything I read says "reasonable". What is considered reasonable?

1 Community Answer

Am I able to challenge a co-executor of Dad's will?

Question - How to best resolve your dilemma is a bit of a tough judgment call, since you’ll have to weigh the possibility of winding up the estate at last against the growing irritation that you don’t want to be taken advantage of anymore.

1 Expert Answer, 1 Community Answer

Can my father take control of my grandmother's estate from the bank?

Question - The key question here is what does the Will say in regard to the powers of the executor in regard to the management of the assets during the settlement of the estate. The bank may have a legal right or even a duty to act in a conservative manner. The language of the document certainly controls over what people's impression was of your grandmother's wishes...

1 Expert Answer

One executor didn't fulfill the wishes in the will - am I responsible as the co-executor for that financial consequence?

Question - I can't determine exactly what happened here from what you wrote. Were two checks written? Did both executors sign one check? Why the check that the good "other" executor signed never get to the father of the children?

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As a stepchild and the only child living, can I manage my stepfather's estate?

Question - Through no fault of your own, you are the middleperson in what may be a bit of a complicated probate situation—but one that may mean you are entitled to take at least a share of the property in the deceased relatives’ estates.

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Are his wishes in the will enough to keep the house from probate?

Question - If the title to the home is solely in your father's name, the home would be part of his probate estate and pass in accordance with the terms of his Will. Dividing the home into shared ownership between his wife and his children, however is fraught with complications that should be addressed, such as...

1 Expert Answer

The law changed - does that mean she's eligible for Medicare now?

Question - You should contact an Elder Law attorney as soon as possible because the Medicaid laws do differ significantly from state to state. You refer to "Medicare" in your letter, but it actually is "Medicaid" which is a different program that has the authority in some situations to levy on a home of a Medicaid recipient...

1 Expert Answer, 1 Community Answer

Will my mom's inheritance affect Dad's VA pension?

Question - You ask how your mother's inheritance will affect your father's VA pension. I do not know the VA rules regarding assets of a spouse affecting the other spouse's VA pension, so I cannot give you a definite answer. I can say that it would certainly be wise for your mother to receive her inheritance as...

1 Expert Answer

Can an executor adjust an estate to make the division among siblings more fair?

Question - In most cases, no.

1 Expert Answer, 1 Community Answer

If a person is deemed medically incompetent, but there has...

Question - Whether the person can still make a valid power of attorney depends on a number of facts.

1 Expert Answer

How are assets divided if I brought more to the marriage at the time?

Question - You need to see an estate-planning lawyer. There is no one clear answer to your question. Among the issues you need to resolve are: what property is yours, what is your wife's, and what do you own in common? Then each of you must decide how you want to leave your property (including your share of co-owned property)...

1 Expert Answer

How can I find out who holds the POA?

Question - Unfortunately, it's not easy to find out if someone holds a power of attorney given by another person. I know of no law that requires that a person who holds the POA (called the "attorney-in-fact") must show the document to concerned people, including (other) family members.

1 Expert Answer

Does my will override my durable power of attorney?

Question - One document does not override the other. Each of them do different things and take effect at different times.

1 Expert Answer, 1 Community Answer

Where do we start in protecting Mom's property?

Question - I am not an expert on protecting a person's assets if that person seeks for and receives state aid. I know that there are strict rules preventing the transfer of that person's assets in order to be eligible for state (or federal) aid. Those rules make it illegal to transfer asserts in order to be eligible for aid for some YEARS before that aid is applied for...

1 Expert Answer

Can a POA be revoked even if the original document cannot be found?

Question - Even something as stodgy as the law can’t demand that you do the impossible.

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I think my sister is committing fraud against my mother!

Question - As you know best because you’re living it, you’ve described a complicated scenario—and some of the past dealings between the bank and your sister do sound rather “irregular,” to say the least.

1 Expert Answer

How would I go by switching my father's mortgage to my name?...

Question - You want to switch the mortgage into your name, after your father, the original owner, died. Have you obtained legal title to the house? As your father was the owner, there must be some legal process transferring ownership to you. This can be done by will, through a probate proceeding, or by living trust...

1 Expert Answer

The trustee will not release the funds to me.

Question - The duties and responsibilities of the trustee are as set out in the specific trust document. I urge you to contact a lawyer to review the trust on your behalf to see if the trustee is acting properly in accordance with the terms of the trust. If not, the lawyer could contact the trustee on your behalf to help remedy the situation...

1 Expert Answer

Can we get POA for my mother without her approval?

Question - By definition a Durable Power of Attorney occurs when someone chooses to appoint a particular person to be able to act on their behalf in regard to financial matters. If you believe your mother is not acting responsibly in regard to money matters, you should respectfully discuss this with her...

1 Expert Answer

Can we establish POA in USA and transfer assets from India?

Question - A power of attorney is probably not what you need. What is more likely in order is changing the title or property document from your mother’s name to yours. One of the interesting things you’ve mentioned is that your name already appears “as a beneficiary” on the ...

1 Expert Answer

Does my ex-wife have a claim on my inheritance?

Question - Divorce law differs in many aspects from state to state and in addition, if you and your ex-wife had a separation agreement that became incorporated into the divorce judgment of the court, the terms of that agreement as they applied to future inheritances would control...

1 Expert Answer

Can our adult children be excluded from my ex-husband's will?

Question - Whether your children are entitled to any property from your ex-husband's estate (property) depends on whether he has excluded them from his will or not. A parent can legally disinherit a child or children from inheriting any property from his or her estate...

1 Expert Answer

Can a will be kept at the courthouse it's filed in?

Question - Where you can keep your will depends on your state's law, and perhaps your county as well. Most states do not authorize keeping a will in a county court house before the will writer passes away. A few states or counties do. Your state/county might, because you say that the will was filed in the (county) courthouse registry...

1 Expert Answer, 1 Community Answer

How Can I Find a Will That Has Disappeared Now That the Person Who Made It Has Died?

Question - If you have access to the will maker's living space and property, the first sensible step is to look in the obvious places: desk drawers, file cabinets, closets. You'll generally be able to identify the will once you see it; most are stapled onto a distinctive colored cardboard backing and are clearly...

FAQ

1 Expert Answer

How do I get my siglings to waive ownership of our deceased father's cars?

Question - Sorry, I cannot answer your question. What forms you need—if any exist—are matters of Ohio law. Every state has its own laws and rules controlling cars registered in that state. I practice law in California. While I am familiar with general rules and methods of estate planning, which are similar is ...

1 Expert Answer

We lost our will from 25 years ago. What can we do?

Question - You have lost your will, which you made twenty-five years ago.It is unlikely—I'd say highly unlikely—that your will would have been filed in your local (county) courthouse. Normally, wills are not filed with any government agency after they have been prepared. Wills are generally filed only after thr the will writer dies, as part of a probate proceeding...

1 Expert Answer

Do you need a will if you don't have any assets?

Question - I doubt if your grandmother needs a will. As you grandmother has no assets, aside from funds in her joint account with her daughter (your mother), what purpose would a will serve? The cautious, conventional lawyer's response would be—of course she needs a will; everyone does. I disagree with this coconventional wisdom...

1 Expert Answer

How do I ensure my inheritance goes to my son?

Question - Generally speaking, beneficiaries must usually survive the willmaker before they are legally entitled to take property left to them in another person’s will.

1 Expert Answer

Are there any organizations that will act as an executor for a senior?

Question - I do not know of any organization that will act as an executor for a solo senior (or indeed, for anyone). I suggest that you contact one (or more, if need be) of the charities you are leaving money to, and ask that charity if it would agree to be your executor. Hopefully, one of your charities would be wiling to serve as your executor...

1 Expert Answer

Does a beneficiary have total control over care?

Question - The scene you describe is sadly common: When one parent becomes gravely ill, the children become confused and crossed up. Often, the oldest child—because of a sense of responsibility or sometimes just natural bossiness—will attempt to step in and “handle” things, which can make the other siblings felings feel even more left out and helpless and angry...

1 Expert Answer, 1 Community Answer

Can my stepfather keep us from seeing Mom and getting her will?

Question - In a weird way, your mother’s fall might have offered you an opportunity. Now that she’s safely ensconced in a facility while mending, her husband no longer controls who comes to see her and when. So you and your brothers may now be able to reestablish some relationship with her, even if she sometimetimes may seem addled or forgetful...

1 Expert Answer, 4 Community Answers

Can a POA or guardian change someone's will?

Question - Generally the contents of a will of a person declared unfit to manage his or her own affairs cannot be changed by anyone else. You state that a "senior has been declared unfit to del with their own affairs."I gather that a state court has made a legal judgment to this effect...

1 Expert Answer

Without a will, can my brother insist on inheriting a portion of Mom's house if it was promised to me?

Question - Unfortunately, your situation serves to underscore one thing: the importance of putting an estate plan in writing. Without one, your mother’s oral promise of passing title to the house to you is unenforceable in New York, as in other states.

1 Expert Answer, 6 Community Answers

When does power of attorney end without a will?

Question - The power of a power of attorney ends when the person for whom it was made dies—and that is true whether or not that person also made a will.

1 Expert Answer

Are my brother and I co-executors of my mother's will?

Question - It seems that you and your brother are named co-executors of your mother's will. I say "seems" because I cannot give an absolutely certain answer to your question. Your mother's intention, as interpreted under the law of her state, controls how her will will be read...

1 Expert Answer

Can we stop my husband's siblings from getting their elderly mother from writing him out of the will?

Question - Unfortunately, there is probably nothing you can do to protect your husband against against his siblings' influence over their mother, and her estate. Your husband's mother has the legal right to cut him out of her will, assuming she does that properly. By law, to disinherit a child, a will writer must do that explicitly in her will...

1 Expert Answer, 3 Community Answers

Can a draft a will be filed and recorded?

Question - A Will can be filed in the probate court for safe keeping prior to a person's death, but it is not binding until the person dies. There may be serious questions as to whether the "draft" was executed properly. For instance, someone who is a beneficiary may have acted as a witness which would invalidate the Will...

1 Expert Answer

My aunt is taking the inheritance that should be split. What can we do?

Question - I am not quite clear as to what you mean by "my aunt's name has been put on land registry info to inherit the estate." This could mean multiple things from your mother being added as a joint owner of the property to your grandfather establishing a life estate. The precise repercussions depend upon exactly what your grandfather did...

1 Expert Answer

Can I take legal action against my late mother's POA?

Question - If you believe that your sister's actions may have actually harmed your mother, you should report this matter to local law enforcement authorities. However, if your sister merely kept your mother out of communication with you and other family members, there is little effective recourse.

1 Expert Answer

All my other owns is in my name, too. Is a will still needed?

Question - You ask if a will is necessary when you co-own all your mother's property with you. Specifically, you state that everything your mother owns is in your name too. I take this to mean that title to your mother's property is held "in joint tenancy" or "as joint tenants" with you.

1 Expert Answer

Does my dad need a will?

Question - Everyone should have a Will, Durable Power of Attorney and Health Care Proxy. In the event of your father's death, someone would need to be appointed to deal with the closing of his financial affairs including filing last income tax returns. In addition, it is possible that he could obtain assets in the future that would make a Will even more advisable...

1 Expert Answer

Do I have a right to know my mother's will and medical history, now that she's passed?

Question - I do not know what state your mother lived in. That state's law will control what rights, if any, you have here.

1 Expert Answer

Can my dad's wife block our inheritance from him?

Question - If your dad died in November 2009 and his wife was named the will’s executor, then she would legally be required to file his will with the local probate court. This is good news for you. While it may mean that you need to do a little legwork—go to the local court and possibly pay a same fee for copycopying...

1 Expert Answer, 1 Community Answer

How can I be sure my mom's wishes are carried out if I don't have POA?

Question - Trusts can be complicated matters that may be difficult for the layman to understand as to the obligations and powers of the trustee as well as the discretion and duties of the trustee. Your best course of action is to retain a lawyer on you own behalf to look at the trust for you to provide you with...

1 Expert Answer

How do I deal with an angry step-son who was left nothing in his dad's will?

Question - Your stepson may be able to go after your husband's estate, because of the stepson's lack of inheritance in his father's will. All states have laws which basically require that a parent must disinherit a child by doing so explicitly in his or her will...

1 Expert Answer

What makes a will legal? Are witnessed signatures enough?

Question - It is not hard to make a will legal. I believe that your wills are legal, though I can't be 100% certain without more information.

1 Expert Answer

Can I use a POA to stop a trust from being revoked?

Question - The power of attorney won’t help you here. All rights and responsibilities you had under it ended at your mother’s death—no matter her intention that it survive.

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How do I get paid from a trust I'm entitled too?

Question - It’s not clear whether your concern is that your payments are late. But that aside, the situation you describe is a bit peculiar, since the specifics of a trust are usually spelled out in a trust document that is separate from a will—although the two documents may refer to one another in passing....

1 Expert Answer

We just discovered an IRA account that belonged to my...

Question - You want to know what to do about an IRA account of your grandfather, who died sixteen years ago. You ask good questions about what can happen now, but unfortunately, I don't know the answers to most of your questions. You say your grandfather's will divided his assets between his three children...

1 Expert Answer

Must a will have an executor?

Question - A basic element of a Will is the naming of an Executor, the person in charge of managing the settlement of the estate. No Will would ever be written by a competent lawyer without naming an Executor. It would appear that your husband does not understand his Will or does not want to tell you who he has named as Executor...

1 Expert Answer

Can my wife be paid by the estate for helping me settle my father's estate?

Question - While many willmakers like to name co-executors because it may seem to them to be more fair or to provide a way to help spread out the work required, your experience underscores a common reality: Very often, the arrangement leaves one of those executors feeling overburdened, underappreciated, and more than just a wee bit resentful...

1 Expert Answer

Do the executor(s) of my parents will have to contact me?

Question - I believe that my brother and possibly my sister are the executor(s) of my parents will. They are not on speaking terms with me, the youngest daughter. My father passed Nov.3/2010 and my mother passed Dec.11/2011. It is now Feb.23/2012 and I still have not heard anything regarding the reading of the will...

If you get called to a will reading, does that mean you are about to receive a sizable inheritance?

Question - My wife had a close friend who was like a grandfather to her recently passed away. This gentleman was worth millions. She is close with the familey. His daughter the executor called my wife a week ago and stated she needed to fly up north to go over will with the attorney as she is in the will...

What is the law regarding responsibilities of the co executor of a will?

Question - You are in a sticky situation there and you are asking all the right questions --but this is not something we can answer for you. The answer depends on the precise language of the will, and how your state law is worded. Generally speaking you are supposed to act neutrally to carry out the intention of the will, and not favor EITHER side of the family...

1 Expert Answer

Is there a cost for lawyers to execute a will?

Question - There is no universal answer here. Every state has its own rules on what must be done in a will and in what instances a probate court process is required. You will need to look at the rules of your particular state and your particular situation - either by doing research in your local law library or speaking with a local estate lawyer...

1 Expert Answer, 1 Community Answer

How should my brother's family divide up the inherited property?

Question - My brother died leaving a wife, seven daughters and five sons; two landed properties: one developed and the other not developed; and some cash. The undeveloped plot and the cash, equivalent to 1/8 of the total value of the assets were given to the wife and the developed property was given to the children...

How can I make sure my daughter receives her inheritance from her grandmother?

Question - In every state there is a procedure by which an heir can petition the probate court to enforce the terms of a will, if the executor is not doing what they are supposed to do. You should retain a local probate attorney to help you with this process - that is, if you feel that nothing short of court intervention will work...

1 Expert Answer, 1 Community Answer

How can my parents be sure that their property stays with in the family?

Question - There are two aspects of your question: deciding what really makes sense for all of you as a family, and then helping your parents to set up the legal structure that meets their needs and concerns. The legal mechanics are the easier part of this challenge...

1 Expert Answer, 4 Community Answers

Is it legal to make changes to a will with a letter?

Question - It is generally not legal to change a will by a letter. A will is a formal legal document. It must must be signed and dated by the will writer, and then witnessed by two witnesses. There are two ways to change a will 1) to prepare what is called a "codicil," which is an amendment of the will...

1 Expert Answer

Is a 20 year old will still valid?

Question - This is not a simple question at all -- and the answer will depend totally on the law in your particular state. It may be possible to make a claim for the proceeds of the house sale, or it may be too late now. You should consult with a probate attorney in your local area that knows the rules for such...

1 Expert Answer

Is there any way I can find out what was on my father's will?

Question - You are in a difficult position. You want to know your right's under a will, or if a will of your father even exists. But your father's wife won't talk with you.

1 Expert Answer

Can you hold off on the reading of a will for five years?

Question - The key is whether your grandmother left a will that named an executor in it—that is, a person who is responsible for accounting for the property your grandmother owned at her death and then distributing it as the will directs. If so, that executor is responsible for doing the job “within a reasonabonable time” after the death occurred...

1 Expert Answer

Can someone continue to live in a home that has been willed to four people?

Question - First, you need to determine precisely how the ownership was to be shared under the terms of the will. Was it equally shared, or did your ex-husband have any preferred rights of ownership or occupancy?

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What documents do I need to sell my deceased mother's home if she didn't will it to me?

Question - I can't give you definite answers from the information you provided, but I can give you some suggestions of how to proceed. You are trying to sell your mother's home, without her leaving a will.

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Is it legal for a power of attorney to change the will and bank account of someone with severe dementia?

Question - There may be two different answers here about the will and the bank account.

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Is there any way we can find out if the will shows my husband as receiving the house?

Question - A person authorized as a power of attorney for another does not have the legal authority to change another person’s will. But if your father-in-law retains the required legal capacity—that is, he is able to understand what property he owns and who he would like to receive it—then he is free to chang change the will on his own...

1 Expert Answer, 1 Community Answer

Will we have to pay in order to keep my father's property if he left nothing in his will?

Question - My dad recently died, he owns a farm and property total value probably around $350,000.00, everything is in his name, there are 3 kids left and we would like to keep the farm in the family, what type of tax and how much do you estimate we will need to pay in order to keep the property...

If someone who is supposed to receive an interitance dies, who gets that part of the inheritance?

Question - The answer to your question depends on the specific language of the will, and the rules of inheritance of your state. You will need to consult with an estate lawyer in your state, and they can review the will and explain the outcome to you.

1 Expert Answer

My parents have passed away, do I still have to pay their mortgage?

Question - Since your parents have both passed away, you need to know who is responsible for paying the mortgage. The mortgage is attached to the property, your parents' house. When your parents took out the mortgage, the house became collateral for the loan. The property will pass to your parents' heirs according to the laws of the state your parents lived in...

1 Expert Answer

Do I sumbit a Change of Address form first and then draw up the Power of Attorney?

Question - You should do both as soon as possible. Prepare a change of address form (for the Post Office, I assume) and also prepare a power-of-attorney (DPA) form, which your mother-in-law signs. Actually, you need two Kentucky power of attorney forms, onto manage your mother-in-law's financial matters, the other for medical/health care concerns...

1 Expert Answer

I've been account holder on uncle's bank account. He passed away. Do I have to give money to his sister?

Question - My uncle pass way a few days ago, I have been an account holder on his bank account for the at least 20 years. There is no will. Do I have to give this money over to his sister or anyone? She said it's her money!

My sister inherited mom's house. After it's sold to pay off debt, where does remaining money go?

Question - As I can decipher what you've written, your sister was left your mother's house in your mother's will. But that house is already under a court order to sold to pay off debts. (I presume debts of your mother). You want to know who receives the remaining money (if any) after the sale.

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Questions About Will and Trust

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