Many clients are shocked when they see the sheer volume of paper in a truly well-done estate plan. A trust by itself can be hundreds of pages, not to mention the other 6 to 16 documents you may or may not have—depending on your family situation. You may find that the...
Parent To Child Transfer With Stipulations
Would I need a living trust or what forms would I need? A sensible way to transfer assets to children, in the event of your death, is through a revocable living trust. Transferring assets to children through a last will generally gives the children assets at age 18,...
Community Property Agreement/Will/ Probate
If a married woman dies and had a valid will; owned a house with her husband and 4 (independent) adult children, is it necessary to file for probate? Her Will stipulated that "...bequeath to my husband..... all of the rest, residue and remainder of my estate, whether...
Is My Parent’s Will Valid? Or Is My Brother Commiting Fraud?
My father was diagnosed with Alzheimer's in 2007. My mother passed 02/27/08, and my father just passed away in May 2010, My older brother declared himself Power of Attorney immediately after my mother's death. According to the last will, it was amended in late 2008...
Is The Power Of Attorney Or The Person Themselves Responsible For Contract The POA Made On Behalf Of The Person?
The POA made a verbal contract with me to provide care for the person in question. The person in question has dementia. His wife - not the POA now refuses to abide by the verbal contract and pay the bill. Who do I take to small claims court? Additional information The...
Does An IRA Go To The Listed Beneficiaries If There Is A Surviving Spouse?
Father has recently remarried. He has his house; she has hers. Both are paid for and cars are paid for. My dad has an IRA which my brother and I are beneficiaries. We begged for a pre-nup, but they didn't get one. If my father should pass, does his new wife get any of...
How To Choose Your Executor or Personal Representative
Serving as someone’s executor or personal representative is a HUGE job, and not for the faint of heart. Although it is commonly considered an honor, there is a lot of work involved, and an executor must have a great capacity for organization, attention to detail,...
How Do I Begin The Process Of Removing My Sister As Executor Of My Mom’s Estate?
My sister is stubbornly withholding my inheritance out of spite and won't answer emails or phone calls. Everybody in the family has received their inheritance except me. How do I start this process? I was told to find the necessary forms at the law library. Are there...
What Will Happen If You Don’t Probate A Will In New York?
If I don't probate my dad's will is there a penalty in New York? I do not practice in NY, however I will answer your question under general law. There are no penalties that I know of, if you do not probate a will. The real question is whether or not you will be able...
Executor Of Estate in Ohio Failed To Distribute Funds To Personal Beneficiaries After 3-4 Years
Executor was given possession of funds and has gone into "hiding." In process of having him removed as executor, but what legal recourse do the other beneficiaries have if the money is gone? What and how can charges be brought against this individual? Your question is...
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