Estates, Wills & Probate

Defamation In Arizona Probate Case

marsbonfire29 — Tue, 07 Sep 2010 04:13:26 GMT

Two weeks after I had hired an attorney in the Phoenix Area--and I had commited myself--she told me she had other cases which would force her to end her representation of my case. Due to the perception of this situation by other attorneys (call it "damaged goods") I contacted after she ended our legal relationship, I was forced to add two Latin words to the end of my surname: the words "Pro Se". Surprisingly enough--miraculously enough would be closer--I did win a very important issue: the issue would be that the attorney and his client (my half-brother) submitted false documentation (the case never actually went into a court room) throughout eight months of legal briefs being submitted to the court in Northern Arizona (and I do have the Courts decision). Is there anything I can do about this?

Thank you

PS. I have ALL the paperwork that both myself and the opposing side submitted as well as all bank records relating to the case which I subpoenaed.

Sisters removed items from deceased mother's home

Jean115 — Thu, 02 Sep 2010 16:53:43 GMT

My mother passed away in June 2009 in Kansas. Her will left everything to 4 daughters (of which I am the youngest) to "share and share alike." After mother's passing, the estate attorney (who is a friend of one of the sisters) drew up a Family Settlement Agreement. The will was not probated and no executrix appointed.

Mother was in a nursing home at the time of her passing. Sisters did now allow me access to her house for a period of time prior to mother's death. I live out of state. After her death, I hired my own attorney in my mother's home town to ensure I was allowed access to the house. That is when I saw that a number of items had been removed. There are also items missing that were in mother's room at nursing home (both small and large items).

At some point before mother's death, sister who held Power of Attorney for mother bought mother's pickup for far below market value (appraised for $3500 and she bought it for $600). Same sister failed to file mother's income tax resulting in almost $2500 in penalties, which I have refused to pay a share of.

My attorney has repeatedly asked about the missing items, beginning in February 2010 when I first saw what had happened. It is now September 2010, and the estate attorney and sisters have ignored our requests. They have not even acknowledged our questions, let alone answered them.

Some of the missing items are valuable (jewelry, autographed pic of Humphrey Bogart), and some items are family keepsakes.

We now have a buyer for the house and the remaining items in it will have to be removed, but my sisters already have all the most valuable items. I was afraid it would come down to this; the estate attorney and sisters will try and ignore the issue of the missing items in haste to get the house emptied for the buyer.

Also, my attorney (after agreement by the estate attorney) secured the buyer for mother's house but my sisters are refusing to pay any portion of his bill for the work he has done for this.

Also, the two sisters were paying themselves $200 a month for "gas" and "help with mom" while mother was in the nursing home. Sometimes it was as much as $300 or $400. It totals up to almost $18,000 over a 2-1/2 year period. One sister even paid herself for the time she sat with mother as she lay dying!! (My attorney forced an accounting of mother's bank account after her death.)

It is difficult to communicate with my attorney with us being in different states and I would like opinions and answers to these questions:

At what point can I take sisters to court to force return of the items?

Was it legal for sister who held POA to buy mother's pickup for 1/6 of its value?

Will I have to pay a share of tax penalties?

Will sisters have to pay a share of my attorney's fees for working up the sale of the house or will I have to pay all of it?

Will I be able to recover any of the $18,000 sisters paid themselves?

I don't want to be my sisters door mat anymore and I need to know what my options are. Thank you.

spouse inheritance in Colorado

sjj — Mon, 06 Sep 2010 16:50:14 GMT

My wife and I live in Colorado. My wife bought investment property in her name while married to me. Should she die before me do I have to pay inheritance tax? If I do, is there a way to avoid it while leaving my name off the title now? Thanks.

Husband's Children Get My House?

Curious15 — Fri, 09 Mar 2007 18:16:09 GMT

I live in Minnesota, a community property state. My first marriage ended in divorce and three beautiful children. I scrimped and saved and bought a small house that I want to go to my children upon my death. That's what is stated in my will.

I have remarried. He is a wonderful man who has children from his first marriage. During our 25 married years together, we have always agreed that his children are not entitled to any ownership of my house. My husband does not appear in any documents relating to the house, but we expect him to live in it after my death until he either dies or moves to a different place.

Now we're being told by a friend of ours, a real estate professional, that absolutely nothing can be done to prevent my husband from leaving the house to HIS children upon his death, leaving my children without any claim to it.

Is this true?

Dividing estate property

Csicker — Mon, 06 Sep 2010 17:39:14 GMT

State where property is help is in Illinois.
My mother is making out her will and currently has her property divided equally amongst her three children. My brother is not a rational person and we would prefer that my sister and I decide how to dispose of the property rather than involve my brother, who could easily make this a nightmare for all involved. Is there a way that my mother can have my sister and I have the say as to how the property is disposed of but include our brother in the payoff. We do not want him to lose his share of the inheritance, just not be part of the decision making process.

Oklahoma intestate dad of two was remarried.

Oklahoma Jo — Tue, 31 Aug 2010 16:15:28 GMT

Oklahoma intestate dad of two was remarried. After death received large monetary bonus which presumably was paid to wife. Do sons have any right to that money?

Do sons have any recourse if wife under values home and how can they ever recieve any benefit from their share of the home if she intends to remain there? Her plan is when she dies (she is 41) she will leave it to sons of deceased. It is a mobile home and is not being taken care of. It will only continue to depreciate. The land may be in deceased's name only and not hers.

Finally, several years ago deceased said sons were beneficiaries of a life insurance policy but no proof or indication of any policy is available. How can that be found?

Thank You

Bonehead question

Halfling — Mon, 06 Sep 2010 02:05:36 GMT

If probate is in another state and I want legal representation, do I need a lawyer in that state? Signed rookie.

Unfit Executor?

Halfling — Fri, 03 Sep 2010 03:36:54 GMT

My sister's actions lead me to believe she is unfit to be a executor of my moms will. What should I do? Who can judge wether someone is fit or unfit?

inheritance when the deed is co-owned

lcall77 — Sun, 05 Sep 2010 07:10:02 GMT

i am in louisiana. my dad married my stepmother in 1982. they had two children giving him three heirs. in 1994, they purchased a house. in 1999, she left him with the mortgage. they got a legal divorce, but he never attempted to have her name removed from the deed. she has paid no mortgage payments or provided any maintainance in the past eleven years. my dad passed away in december of 2009 with no will. what exactly is she entitled to, and what rights do my siblings and i have? she claims that she owns her half, and half of my dad's half, and she can make us sell if we don't want to just give it to her. thanks in advance for all input.

What happens to mortgage?

LegalSecy — Sat, 04 Sep 2010 22:32:09 GMT

My 84 y.o. Mother is about to refinance her house with a new 30 year mortgage. Personally, I am somewhat astounded that a bank will give an 84 y.o. person a 30 year mortgage, but apparently they have no problem with that since she has an excellent credit history. I mean, she's in relatively good health now, but I suspect that the chances of her living to 114 are fairly slim. From a purely financial standpoint, the interest rates on a 30 year fixed mortgage are so low right now that it does seem reasonable, financially. She has a very good pension income, so can afford the payments.

So here's my concern. I am supposed to be the executor of the estate when her time comes.

What will happen to this mortgage, assuming that she doesn't make it to 114? I do not have enough income, myself, to pay my own mortgage and her mortgage while her affairs are being put in order. And her pension will stop as soon as she is deceased. Will the bank foreclose, then, as soon as she passes and I notify them that I cannot make the mortgage payments? Or .....?

Should I be thinking about taking out a life insurance policy on her (which I'm sure would be tremendously expensive for an octogenarian - IF any insurance company will even underwrite that) just so that when she passes I have some way of continuing to make the mortgage payments on her home until it can be sold?

I guess I'm a little confused about how exactly this will work.

Thanks for any insight.

Taxes owed on vehicle after Estate has closed

Biancaj2 — Sat, 04 Sep 2010 13:59:45 GMT

Hi,

My ex husband died in 2005, My son was the administrator of the estate. They did all the legal things that had to be done. He got a truck from the estate and the widow got the dads car because she had no other vehicle he just let her have it instead of selling it. He had no idea taxes were owed on the cars. She moved after a month or so to OHIO. She never registered the car in her name in Connecticut. So she didnt pay taxes on the car she recievd that was still in the decedents name. My son just this past month had enough money to pay to register and they wont let him because back taxes are owed on both cars. He wants to pay his car taxes but the DMV wont let him just pay those, they want from both cars, The estate is closed and this would mean my son having to pay taxes on a car that someone else has.i dont understand whay they wont send a bill to her .. she has the car. Doesnt Ohio check for back taxes vene if frommout of state?? What can my son do? He doesnt have the money to pay his and hers. The Tax collector would rather take nothing instead of just his taxes on the truck he has. Honestly the truck is old and isnt worth but a couople of thousands or less. They want $500 for both cars. She doenst talk to us so we cant ask for her to pay. Thanks

My house is in probate. Can I rent it out?

Halfling — Fri, 03 Sep 2010 03:31:52 GMT

Myself and my sister are beneficiaries. Are we allowed to rent it?

Probate and small unpaid bill

Elizabeth G — Thu, 02 Sep 2010 22:05:51 GMT

When my mother died, the only real asset she had was her house. Her social security checks went to my bank account since I paid her bills for the last several years, and she had no savings. The only bill she had was a small (about $500) hospital bill. Will probate sell her house just to pay this bill or will I be allowed to sell it then pay the bill afterward?

Should an adopted child be included in Great uncle's estate?

John Anthony — Tue, 31 Aug 2010 02:52:19 GMT

My uncle died several years ago in California. He was a single, never married, male (without any descendants of his own).

He left a portion of his estate "...for the education of Trustor's [his own] Grand nieces and Grand nephews and Great Grand nieces and Great Grand nephews". I am one of three nieces and nephews designated to administer this special fund.

I just learned that one of his nephews had an illigitimate daughter. The daughter was later adopted by another family. The adoption took place well after the uncle's death, so she was legally part of the family when he died.

We (the administrators) believe the young girl is still a blood relative and should be entitled to a share. We realize that a biological parent gives up all legal rights to a child when the child is adopted. Our attorney has advised us that he does not think we can include her as a beneficiary. But I guess we're looking for other opinions. As lay persons, it seems to us that the relationship to the uncle was not severed when she was adopted.

Thank you in advance for your advice and opinions.

Estate Tax Exemption & Step-Up tax 2009 - 2010

majesty — Wed, 01 Sep 2010 16:16:40 GMT

CA- Typical AB Trust 4 million in property assets, 4 heirs each inherit appox. 1 million in real estate.
Dad passed in 11/2009, 3.5 million estate exemption, 2nd Mom passed in 2010.
Trust gives successor trustee flexibility regarding which assets go into exemption trust,
marital trust and survivors trust to take advantage of tax exemptions, with the survivors trust receiving the rental income, etc, for her maintanance and care.

As I understand it, in respect to the step up on basis for 2010, there is a $1.3 million exemption which can be applied to any of the assets inherited by the 4 heirs, and a $3 million exemption for assets given exclusively to a spouse (widow).

Since there are references that are the assets are community property in the trust, it was my understanding that 2 million in assets would placed into the exemption trust, and 2 million into the survivor's trust. If this is the case, would there be a potential step up tax on $700K on the assets in survivor's trust?

Or could the succcessor trustee now place 3 million into the survivor's trust to take advantage of the 3 million step-up basis exemption for 2010, thereby eliminating the step-up taxes. Or is the entire 4 million estate considered owned by the Mom upon Dads passing in 2009 since it was community property, thus, the 3 million step up exemption applies regardless how the assets are allocated in the exemption trust and survivors trust.

General power of appointment mute & distribution?

majesty — Wed, 01 Sep 2010 00:58:37 GMT

CA AB Living Trust:
3) Provisions of Survivor’s Trust
b) There is hereby reserved to the Surviving Spouse the general power of appointment over the principal and any accrued and undistributed net income of Survivor’s Trust remaining at the Surviving Spouse’s death, including the power to appoint to that spouse’s own estate.
c) Such power shall be exercised only by a Will or a written instrument, other than a Will, specifically referring to and exercising this power of appointment.

Question: The trust states that upon the death of the survivor, the sucessor trustee has to allow 6 months for someone to make a claim i.e. provide the written instrument/will referencing the change in the appointment of the real properties. As I understand it, this document for the general power of appointment would have had to be done by the surivoring spouse. If the surivoring spouse was incompedent at the time of the death of the first spouse, and all the heirs agreed, wouldn't the 6 month delay voided, thus, allowing for an earlier distribution of the assets.

Minimum number of weeks before distribution of trust assets?

majesty — Tue, 31 Aug 2010 21:05:03 GMT

CA: AB Living Trust. First spouse passed last November and trust attorney retained by successor trustee (brother), 2nd spouse passed two weeks ago, thus, there are no estate taxes on the 4 million estate.

1) What remaining adminstrative functions would normally need to be completed, and what is minimum number of weeks should it take to complete these functions so that an distribution can occur ASAP, since there is no probate involved? We are suppose to receive an accounting this week.

2) Is the NET rental income on variious income properties received after the passing of the second spouse set aside and distributed to each heir who receives the corresponding property, or is all the rental income still considered cash, which would then be equally divided between the 4 siblings.

CA Trust - Surivor passed away, now what?

majesty — Sun, 29 Aug 2010 20:42:21 GMT

I have posted many questions over the last several months regarding my parents Trust, it now looks like it may be coming to end since my survior mother passed away last week.

To recap: CA- Standard AB Living Trust with 4 million in assets (6 real estate properties). Trust includes exemption, marital and survivors trust in order to take advantage of all available estate tax exemptions (which is now no longer a concern). First spouse passed away last November. The first trustee, by brother, passed away last June. My other brother is now the Trustee using same trust attorney. I then retained an attorney

After a few revisions, the following is the demand letter that my attorney and I agreed upon which was mailed last month before my mother passed away:

“I represent (me). I understand you represented (first brother) during his administration of the Trust and now represent (second brother) as trustee. Based on discussions with my client, she has asked repeatedly for an accounting of your clients’ administration of the Trust. However, despite numerous promises to her that she is going to receive an accounting, your clients have not done so. There are also a number of other specific information demands I would make at this time:

1. Access to the banking ledgers, cancelled checks, and statements for the last 15
years, as you promised months ago.

2. A copy of any Form 706 filed. (If one was not required, then I want to see an opinion of counsel or a CPA that one was not required that states the total value of all assets and the basis for determining the values used. If any appraisals were prepared for this purpose, then I want a copy of those as well.)

3. A copy of any fiduciary income tax returns filed. (If none have been filed, then I want an opinion of counsel or a CPA that none were required and why.)

4. A copy of the trust allocation that must have been done by now.

5. An accounting for all the loans made by the decedent and his wife to the beneficiaries and others.

While I am willing to be reasonable, your client needs to account to the beneficiaries and it needs to be done soon. If we cannot get an acceptable accounting within 30 days, then we will assume you do not intend to give us an accounting and we will take appropriate action.

Very truly yours,”

My attorney just informed me that the trust attorney finally responded (at the end of 30 days) that he has a box of documents for my attorney in respone to his demand. My attorney stated that he will pick them up on Monday and will briefly discuss some of the issues with the trustee's attorney regarding some of our concerns we have regarding personal items, etc, however, he then said something that I did not like, i.e. that he would review the documents over the next 3 days in order to determine the status of Trust and what else we may need from the Trustee, but then backtracked by stating that it would not be 3 full days, but probably just a few hours each day.

In addition, when I asked him if the documents resolve the issue regarding the loans and the accounting, what is the minimum time required in order to obtain a distribution of the assets. He said that based upon his experience about two or three months due to various administrative functions. When I ask him what administrative functions, he said, well the Trustee could hold it up for various reasons. Not exactly an answer to my question.

At the time we retained him, we had agreed that I would do all the research in order to determine the status of the loans upon receipt of the banking records, ledgers, etc. Since most, or all of these documents were originally supposed to be given to me directly by the Trustee's attorney (who is still supposed to represent by beneficial interest equally), and since litigation has not yet started, I see no reason why my attorney needs to review these documents immediately, other then to extract additional attorney fees prematurely since these documents many resolve all the remaining issues. Correct me if I am wrong.

Since the passing of my mother last week, the Trustee was friendly at the funeral and the wake, and seems to be cooperative. My impression is that he now wants to settle all issues in order to obtain an early distribution of the assets, and the box of documents may settle all the issues, for now. I intend to inform my attorney that I want ot meet the trustee's attorney with him, since I have never met him, and I want to review all the documentation first and will scan the documents and email or mail him documents that he needs.

ADVICE NEEDED, IS THIS LEGAL FOR MY TRUSTEE TO DO????

Mr.Jones — Sat, 28 Aug 2010 17:49:41 GMT

hello, thank you in advance for your time. I share a trust fund with two sisters, set up by my grandmother before she passed away for educational purposes only. since this is a family related matter, my mother has been in contact with my trustee more then I have. My mother has been the one contacting the trustee for my sisters. when my sisters need money for a car or clothes, or school expenses, my mother will contact the trustee. I haven't asked for any of the money yet because I had no need for it. Now I am not going to college and need a little financial help. I wrote a letter to the attorney appointed trustee. Instead of contacting me, which I am 24, his secretary scheduled a conference call between the attorney(trustee), his secretary, and my mother. Whatever was said in that "meeting" i feel affected my requests for help. I am angry the attorney felt it was right to contact my mother, and discuss my matter with her. My mother is not involved with the trust, and was excluded from the will. She helped get both my sisters a car in high school from the trust fund money. I needed help with tuition, and when I found out she talked to them, and she said bad news to me, I was pissed. Is it legal for the attorney to discuss my trust fund requests with my mother? Also is it legal for him to receive a letter from me, and then tell my mother what I wrote? I feel the trustee is being sexist, discriminatory, and prejudice. I have been emailing and i wrote another letter for him to contact me, and he hasn't. My bill is due Sept. 2nd and I'm very unorganized at this point. Thanks for any guidance.

Viewing of Will by son in California

Liam94513 — Sun, 29 Aug 2010 04:29:55 GMT

My stepson's father died when he was fourteen and left him numerous items that, according to his father's will, he is to receive upon reaching age twenty one. (He's seventeen now)

My son has no way of knowing what items were left as they were never revealed to him at the time of his father's death. My question is at what point is my stepson allowed to see what was left to him? His father's sister is the executor of the estate and there's a strong possibility based on previous history of that side of the family that my stepson may receive a couple things when he reaches twenty one and then be told "that's all" when his father left him much more.

What are his rights as the only son (no other siblings)?

Mom just died

babygirl3278 — Mon, 23 Aug 2010 23:41:36 GMT

My mom just passed and there is no will. I know I need to go to probate court and file for administrator of the estate. She doesn't have much but she does have lots of medical and credit card bills. Don't know if I should handle this on my own or contact a lawyer. She's not married and it's just me and my younger sister. She only as $1700 in the bank and a vehicle worth only $4k. I know I have to set up a estate account with all of this but her funeral expenses where over $11k in NJ. She did have a life insurance policy but the beneficary is named to her children not her estate. I don't know if that needs to be included in her estate?

So not ready to do this but I guess I have to... Any help offered would be appreciated.

IS THIS CORRECT? CAN MY TRUSTEE DO THIS TO ME?

Mr.Jones — Thu, 26 Aug 2010 00:35:04 GMT

long story short, grandmother left 300k for an education trust fund for my 2 sisters and myself,

sisters had asked for the purchase of a reliable vehicle in senior year in high school, with the intentions to further thier education.

i graduated highschool 4 years ago and have been working since, now i am in college and have asked for funds for a reliable vehichle, just as my sisters had asked, and my attn. (trustee) told me i can not get the vehichle i choose because i need to prove to him i am serious about college and after a semester i can ask again. also he asked me why i couldnt just get a 2500$ car instead of the $16,000 i would like to purchase, which he stated, he does not mind releasing 2500 for a car, which is the biggest insult i ever felt.

I just feel as if i am being treated unfairly, and that i am not entitled to the same oppourtinuties as my sisteres were given when asked. I understand the will stated, the descrestion of the trustee, but does that mean he can deny things for me, even if i stated my case, and im comparing my intentions to the same as my sisters, and they have always been approved for anything they ask.

just wondering if i will need to hire an attn, to rep. me in probate court, i would hate to take it this far, just wondering how i can talk to my trustee and tell him how my intentetions are the same as my sisters, and i just ask to be treated the same, and given the same oppourtinuties.

thank you

Value of Estate

JeanannM — Wed, 25 Aug 2010 22:11:15 GMT

So my dad recently passed away in Arkansas, and there is an attorney who is suppose to be handling the probate. All of my dad's assets are paid for (house, acreage, rental property, cars etc) The only bills he should owe is his extensive medical bills for the last month of his life, (but he had medicare and a supplemental insurance as well). I have a couple of questions.

1) The attorney is suggesting we just auction everything off so we can pay the "bills" which should only be the property taxes and insurance. I should just be able to sell the cows and what property/possessions I want to as long as it pays for these things, right?

2) He said at the end of this, his fee will be approximately 5% of the estate. I obviously will have an appraisal of the properties, but what about the household items, the tractor, tools in the shop etc? Do I have each of those things appraised?

LEGAL AIRES TO ESTATE

Canton30115 — Thu, 26 Aug 2010 01:00:00 GMT

Was just recently informed that my father passed away four months ago and his current (wife?) mailed a copy of a hand written will witnessed by only her daughter and no notary stateing that he leaves all his worldly belongings are to go to her. She mailed a legal notice for some of the possible 9 to 11 aires to sign off any rights to his estate. We are having problems finding a marriage certificate proving that they were legally married. How would we go about getting information from the courts/probate on his estate and what rights do the legal aires have to his estate. We have located his residence in Cherookee County, Georgia and this is where he died.