http://www.expertlaw.com/forums/ en Sun, 19 May 2013 18:36:51 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=158634&goto=newpost Sun, 19 May 2013 18:04:01 GMT My question involves estate proceedings in the state of: California law. I will try and keep this short. I come from a loving and careing family. mom... My question involves estate proceedings in the state of: California law. I will try and keep this short. I come from a loving and careing family. mom and dad married 60 years, perfect parents. Then theres me and my sister. My mom had a brother who died. He had not children only a wife. He left in his testament(will) his property to his wife and to my sister(as executor). My uncle had said to my mother that in his will he will leave his property to my sister and then she will give us our share. We were trusting her... BIG MISTAKE! The only thing we have is a letter(not will) from my uncle that says exactly that I give you that… in my will your sister has my will. Worth to take it legal? Can we proof something from his letter? (We are not living in USA) thank you.

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nobody? Worth to take it legal? ]]> Estate Administration and Probate mariasarri http://www.expertlaw.com/forums/showthread.php?t=158634 http://www.expertlaw.com/forums/showthread.php?t=158503&goto=newpost Thu, 16 May 2013 13:28:30 GMT My question involves estate proceedings in the state of:California. Probate closed about two years ago and I think there is a statute of two years, ... My question involves estate proceedings in the state of:California.
Probate closed about two years ago and I think there is a statute of two years, right?
Secondly there was large sums of money in the estate and some CDs (10,000 may have been in my name) that may not have been distributed. Exactly what could I think about doing at this point? If the statute is over then I have no recourse?
Lastly if the CDs were cashed about a year ago would the statute change?
The CDs may have been cashed when we went to the bank to apply for power of attorney. I was presented with two papers to sign alegedly for POA I signed both then later bank said no way to dual POA. Each CD could have been worth 5,000 US plus interest(taxable to me?)
I was able to get one quarter of the property that is free and clear.

Let me know if you need more info and such

I suspect this brother also got his hands on my moms cash as well. What is this world coming to when we cant even trust our own family? :wallbang: :confused:

Regards Matt291 ]]> Estate Administration and Probate matt291 http://www.expertlaw.com/forums/showthread.php?t=158503 http://www.expertlaw.com/forums/showthread.php?t=158430&goto=newpost Tue, 14 May 2013 22:08:33 GMT My question involves estate proceedings in the state of: New York In my last will I bequeath all my assets to my wife.These are non probate... My question involves estate proceedings in the state of: New York
In my last will I bequeath all my assets to my wife.These are non probate assets(joint bank accounts, she is a beneficiary of my IRA,and the title to our condo is in both names as tenants in the entirety)
I also stipulated in my will that if my wife predeceases me, I bequeath my estate to my cousin.
Am I correct in assuming that upon my death my wife WILL NOT HAVE TO GO through the probate?
Obviously,upon my death, she inherits all assets and is free not to leave anything in her will to my cousin. ]]> Estate Administration and Probate gregory2 http://www.expertlaw.com/forums/showthread.php?t=158430 http://www.expertlaw.com/forums/showthread.php?t=158415&goto=newpost Tue, 14 May 2013 15:39:42 GMT My question involves estate proceedings in the state of: my father. I would like to thank ProLaw for his advise some years ago. I have now won my... My question involves estate proceedings in the state of: my father. I would like to thank ProLaw for his advise some years ago. I have now won my case in Surrogates that resulted in a Court Order. I now have a Contempt of Court Order for the Executor failing to account for a distribution to the heirs.

My question is the Court has ruled in my favor that the Executor did not meet her obligations by failing to file an accounting for a specific property that was sold in the estate. Since the court has ruled that she is "negligent", can I proceed with a fraud case in Surrogates or would I have to get a specific determination from Surrogates in order to proceed with a fraud case against the executor for 1) failing to provide an accurate accounting under her fidicuary obligations, or 2) fraud under her failing to provide the accounting under the Court Order?

I have an upcoming court date for Contempt of Court against the executor and would like to know if I can file something at that time, or just speak before the court my assertions of fraud, which has already been made of record to some degree. The court has recognized her failure to provide a specific accounting as instructed in the earlier Court Order directing her to do so. There is a monetary distribution that she has not made which resulted in the Contempt of Court Order.

Thanks for your assistance~

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I just wanted to add the state in which this action is referring to is New York State. ~thank you~ ]]> Estate Administration and Probate nubia1218 http://www.expertlaw.com/forums/showthread.php?t=158415 http://www.expertlaw.com/forums/showthread.php?t=158387&goto=newpost Mon, 13 May 2013 22:30:12 GMT My question involves estate proceedings in the state of: Washington

If a daughter is appointed PR to her father's estate after he dies and then it's discovered that she poisoned him and she is subsequently removed via the Slayer Statute, what is to stop her brother, also a beneficiary, from being appointed new PR ? What sense would this make if the brother turns right around and gives the assets back to her. Let's say their dad was a nasty fellow and they both hated him ? ]]> Estate Administration and Probate corwin http://www.expertlaw.com/forums/showthread.php?t=158387 http://www.expertlaw.com/forums/showthread.php?t=158311&goto=newpost Sun, 12 May 2013 01:18:08 GMT My question involves estate proceedings in the state of: NY. I've learned that my father-in-law died without a will some years ago. Subsequently his pension contributions are uncollected. His wife died shortly after also without a will. They had three children but one had died before they passed on; however there are 4 adult grandchildren between the two remaining children (one of which is my ex-spouse). Another issue is that ex-spouse had an unresolved judgement for child support that was not renewed after that child reached 21. I do not know if that impacts any inheritance if the Judgement was not renewed. What is the order of beneficiaries of this pension? Although the marriage lasted two decades, I do not think I am a beneficiary but am asking if all of this man's grandchildren split the inheritance or is it in order of birth or fraternity? Sadly, the ex spouse & ex spouse's sibling are both in fragile health. ]]> Estate Administration and Probate legalneegle http://www.expertlaw.com/forums/showthread.php?t=158311 http://www.expertlaw.com/forums/showthread.php?t=158287&goto=newpost Sat, 11 May 2013 05:13:53 GMT Hello Everyone,

I need the forum members to provide advice on a property issue. My father and uncle(father's brother) had a land which was written through agreement to their step-mother (my grand father's second wife) for right to have income on the property. The original owner of property was great grand fathers and it was passed down to my grandfather. My father and uncle don't have the copy of that agreement with them and their step mother too. Recently, she created passbooks claiming that the property is her own.

My question here is can my father claim a share in the property now? Can we take to the court of law? ]]> Estate Administration and Probate saikiranreddy http://www.expertlaw.com/forums/showthread.php?t=158287 http://www.expertlaw.com/forums/showthread.php?t=158098&goto=newpost Mon, 06 May 2013 12:53:19 GMT Long time Orlando Florida resident here. I love my Mom and have a great relationship with her. I want the best for her. She is s 82 and her health... Long time Orlando Florida resident here. I love my Mom and have a great relationship with her. I want the best for her. She is s 82 and her health is starting to go bad. She's very independent and stubborn. She does not drive, but has her sister (70) living with her who has cancer and drives her around. They also have a brother who stays there.. it's like an old folks home run by my mom.

Not to sound mean or stupid, but for some time now my sister law has been trying to move into my mom's already overcrouded house. Recently she and her unemployed husband moved in with her for a month but had to leave after repeated arguments over silly things like furniture arrangement.

Anyways, I love my sister too, but she has filed for banruptcy twice, has been arrested for shoplifting and her husband have never made more than $40k combined. they have a debt ratio that qualifies them for nothing. All that said, as of late, they both have very good intentions, have been very good with my kids and seem to be on a good path.

Last week my sister asked me if she could have mom's house when and if it became available. It was very awkward and I did not know what to say.

My sister currently owns a house valued at $50k with a mortage of $130k. They can barely make payments on it and have had to get the mortage adjusted. the house is also 20 miles out of town and killing them on auto fuel costs. She has considered just giving it back to the bank. She has over $30k in student loans and her credit cards are maxed out again. I respect and love my sister, but she is a financial mess.

Life has been good to my husband and I, We were able to get our degrees and find professional work from the start. We've been able to build up savings and invest.... but we see giant expenses coming with our daughters colleges, weddings and hopes of retiring at a reasonable age. Whatever we have saved will never be enough I'm sure.

I figure my mom's house has a market value of $250k. If my sister can't qualify for a loan to cover half of that, what's the best way to get my half and leave her with the house without exposing my credit to them and turning into bank and potential charity case for them? I would like her to have the house and would like her close to us.. but don't want to just give up what could be mine.

Is it evil to think about what is not mine? Am I being unreasonable and heartless? My mom has always told us everything she has would be split down the middle.


Tammy in Orlando. ]]> Estate Administration and Probate NoSunBeach http://www.expertlaw.com/forums/showthread.php?t=158098 http://www.expertlaw.com/forums/showthread.php?t=158088&goto=newpost Mon, 06 May 2013 03:11:10 GMT My question involves estate proceedings in the state of: California Hello to all and I greatly appreciate any help now and in the future. Thanks... My question involves estate proceedings in the state of: California

Hello to all and I greatly appreciate any help now and in the future. Thanks in advance. I lost my Father recently. He was a great man and a damn good Father, I was lucky.

My father was insistent on doing things yourself for many reasons so I thought about probate alone, but instead decided to hire a friend that doesn't specialize in probate, but is a good lawyer. He is going to charge by the hour, fees capped, very reasonable, unlike the ridiculous fee structure the state has posted in it's code. I will be educating myself as well. I have already read one book on probate and now have another book for California.

I will have questions from time to time. Nothing has been done yet.

Questions:

I would like to see if someone has done a blog yet on their experience, because I would consider doing such for an educational experience. Would that be helpful, has someone done so already?
With the statute fees at basically 2.3% on an estate of 1mm. All you need are 4 probate cases per year to make a damn good living in California. What am I missing? Are 1mm probate cases tough to come by? Is the competition tough? I would think it would be easy to be a probate attorney in California, but I am sure I am missing something. Drumming up 4 cases a year and making 80K+ in take home gross seems easy on the surface.

Thanks. ]]> Estate Administration and Probate probateblog http://www.expertlaw.com/forums/showthread.php?t=158088 http://www.expertlaw.com/forums/showthread.php?t=158037&goto=newpost Sat, 04 May 2013 19:56:50 GMT My question involves estate proceedings in the state of: New Jersey--Mother's estate has 2 co-executor's. Myself and my sister. I live in Ohio, sister lives in New Jersey. We are in the process of selling mother's car which is an asset of the estate. We have a buyer. What is the easiest way to accomplish this since I live out of state? Do we need to title the car into the estate first? We will be finalizing the sale when we receive the "Short Certificates". Sister says she will mail me car title and I sign it and send a notarized letter back to her signing the car over to her--for some reason that doesn't sound right. Just want to handle this correctly. Your help will be much appreciated. ]]> Estate Administration and Probate recycbride http://www.expertlaw.com/forums/showthread.php?t=158037 http://www.expertlaw.com/forums/showthread.php?t=157800&goto=newpost Sat, 27 Apr 2013 19:31:03 GMT My question involves a relationship in the state of: Colorado My life-partner of four years passed away on April 10th 2013. His sister became... My question involves a relationship in the state of: Colorado

My life-partner of four years passed away on April 10th 2013. His sister became Power of Attorney before he passed away. After his death his sister came over and we sorted things out that were important to his children, personal items, pictures, clothing etc.. His sister took these belongings and gave them to his daughters.

However with that not being enough, his daughters demanding entry to my home (I rent this house and pay all the bills), to get through my household. My partner and I have lived together for the past four years and have accumulated a joined household, we shared a bed, food , living expenses, the only thing we didn't do is getting married.
He did not have a will, therefore his sister is handling everything in his best interest and how she thinks he wanted it to be.
I have been nothing but cooperative and now they want to gain access to my home. His children have never made an effort to visit their father in our home before he passed away. How can I go about this and what are my rights in this matter.

Thank you for any advice in advance
Mstubbs ]]> Estate Administration and Probate mstubbs http://www.expertlaw.com/forums/showthread.php?t=157800 http://www.expertlaw.com/forums/showthread.php?t=157789&goto=newpost Sat, 27 Apr 2013 10:40:51 GMT My question involves estate proceedings in the state of: California My Parents established a Trust in 1985 with a restatement in 2006. The trust has... My question involves estate proceedings in the state of: California
My Parents established a Trust in 1985 with a restatement in 2006. The trust has a separate property sub trust of my mothers. My mother died April 2009. Then my father died September 2011. Provisions of the trust call for the trust to be divided into decedents and survivors trust. The separate property sub trust is divided between my brother and I up to $1,000,000 of the value of the account. Anything over one million is shared equally between mothers grandchildren. Father has 2 daughters from a previous marriage. My question is that I was receiving preliminary distributions from my mothers separate property sub trust a year ago. I had to retain an attorney to write a few letters to have those payments started. My brother has filed a petition to have the trustee, my daughter, removed. Trust states that the successor trustee may choose to withhold distribution for 6 months after the death of surviving spouse. The separate property sub trust account was suppose to be sub divided again with my share not being distributed outright, while my brother and all other beneficiaries may receive their inheritance outright.

Two days before the court hearing the trustee's attorney mailed a packet to the attorney I had retained a year ago. The letter said that the preliminary distributions were being stopped until the trustee could make a final distribution because several of the beneficiaries had just recently found out that the distributions were being made and thought the trustee was favoring her mother and uncle and they were receiving nothing. I immediately asked my daughter who the objecting beneficiaries were, she said it was her and her older sister that objected. I do not have a $1000 to retain the attorney again and haven't received any funds since the end of February. How do I get the court to set a hearing on this matter in order to have my preliminary distributions resumed? My power is set to be shut off and I have no money to even buy food, the next scheduled court date isn't until June 3rd. ]]> Estate Administration and Probate PenneeO http://www.expertlaw.com/forums/showthread.php?t=157789 http://www.expertlaw.com/forums/showthread.php?t=157588&goto=newpost Mon, 22 Apr 2013 12:43:48 GMT My question involves estate proceedings in the state of: Alabama These are the steps of probate in Alabama. Can someone please explain what is... My question involves estate proceedings in the state of: Alabama
These are the steps of probate in Alabama. Can someone please explain what is meant by "bond" in number 4?
Thanks!

1. Petition filed
2. Take immediate control of the estate
3. Inventory of the estate within 2 months
4. Bond, equal to the aggregate capital value of the property of the estate, plus one year’s estimated income from the estate
5. Notice must be given to all heirs
6. Letters of Testamentary granted
7. Notice to file claims must be published once a week for 3 weeks and individual notice given to anyone known to have a claim against the deceased
8. Claims must be filed generally within 6 months
9. Generally the estate cannot be divided until all claims and expenses have been paid which is at least 6 months
10. Court must approve attorney’s fees ]]> Estate Administration and Probate summer_rocks http://www.expertlaw.com/forums/showthread.php?t=157588 http://www.expertlaw.com/forums/showthread.php?t=157577&goto=newpost Mon, 22 Apr 2013 01:02:44 GMT Sorry up front for the length, but this situation is complex. We live in Alabama BTW. I’m here to see if there is anything my dad can do in his... Sorry up front for the length, but this situation is complex. We live in Alabama BTW.
I’m here to see if there is anything my dad can do in his situation. My grandfather died way back in 1975 and my grandmother died in 1993 and neither had a will. There are three sons. Son A is married, no kids. Son B (my dad) is married and has two kids. Son C died a few years ago and left a wife and a daughter. The estate in question has 60 acres of farm/timber land and a house that is now dilapidated and falling in. Nothing has been done with legal ownership since 1993 when my grandmother died. I believe son A pays the taxes on the estate. He also grabbed power of attorney from my grandmother during her decline with Alzheimer’s disease. Son B actually lives on adjoining land and uses some of the land for cattle. A dispute is arising to finally divide up the land so that an heir could sell their part for cash if they needed to. The problem is, son A won’t budge with negotiations. How in the world will this land be divided if we have to force it on him? Large amounts of valuable timber would be land locked if divided simply by acreage. Not much land is next to a road. How can my dad make sure he gets the 5 acres right next to his house? It’s a section divided from the rest of the farm by the highway. What a mess. Thanks in advance. ]]> Estate Administration and Probate summer_rocks http://www.expertlaw.com/forums/showthread.php?t=157577