Inheritance

Stepmother did a lady bird deed to her son and cut us right out of the will . 2 weeks after fathers death

ADDITIONAL INFORMATION: My dad passed away in 2014 . He had a will and stepmom had a will both basic mirror wills . My dad actually gave me copies of both and it named me executor in both of there wills . Before my dads death he called me up very upset he lived in Florida said I’m going to my bank and changing you to beneficiary . He said stepmom and stepson are aggravating him

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Does my grandmother have any right to clear out my father’s house & keep what she wants?

ADDITIONAL INFORMATION: My father recently passed away. He had a seizure, hit his head multiple times & was unconscious for 5 days before he passed away. My grandmother was notified when he was in the hospital the 1rst day. She didn’t call me or my brother’s until the 2nd day. By then the hospital gave her my father’s personal things ie keys, wallet etc. She went into his house & cleaned it out while he was

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What can I do if the executor of a will is refusing to follow the wishes in the will?

ADDITIONAL INFORMATION: My mother left her estate to her 5 daughters equally. (per her will). The executor, one of the daughters, is not executing her wishes. She will not even speak about it. She did not tell us about the will. We found out by writing several lawyers in town. It has been over 2 months since our mother passed. She (the executor) has all ready taken property out of the house which was supposed to

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Can we take action to immediately change locks and take possession of property and all remaining content?

ADDITIONAL INFORMATION: My sister and her husband moved into the family home place after our parents passed… About 3 months ago my sister passed, her husband eventually moved back into his original home , but left lots of his “junk” behind…saying at some point he may return and clean it up. he has the only keys to the property. what legal rights do we have as far as,Immediately having all locks changed and demanding he remove

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What constitutes elder abuse?

ADDITIONAL INFORMATION: Our mother is 89 years old and relatively good health. My dad passed away 2/2016 and my older sister moved home due to losing her job. She now takes care of my mom although my mom is in assisted living. She has said to my mom “spend all your money” My dad left her with 3 million dollars that he worked extremely hard for. My mom is spending the money like crazy. Trips ,

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I have two sisters and we all got 1/3 of money that comes in each year! My sister died so where will her share go?

ADDITIONAL INFORMATION: It was not stipulated in will if any of us die before the 5 years are up! It also doesn’t say pay to next of kin in the will it only states the money is divided 1/3 each! What do we do because my brother in law is asking for the money! ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You need to consult with a probate attorney to review the will and its testamentary trust. 

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If a living trust and last will gets modified within 180 days of death, is it valid?

ADDITIONAL INFORMATION: I was named as executor of a last will, and trustee of the living trust. My brother moved in next door to my Mom (the grantor) and now the trust has been restated with my brother as the executor of the last will and trustee of the living trust. Mom has fallen ill. How many days must pass before the newest last will/living trust is valid? Is there a minimum number of days that

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Can you make a trust trump a will

ADDITIONAL INFORMATION: My Grandfather died leaving money and assets to my father who was alive when my grandfather died, now my grnadmother still lived but went behind my fathers back and made a trust to kick him out of the will and had thier attorney never settle the will after my grandfather died and now doesnt want to give my father anything. they told us she made the trust to trump the will can they do

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Tax consequences of foreclosure and capital gains.

ADDITIONAL INFORMATION: My mom passed away in September 2014. Her mortgage co filed foreclosure a month later. $74,000 was owed on the original debt, but unpaid taxes and fees made it closer to $104,000. Property sold for a profit in June 2016 and her estate received a check for $10,000.   Mortgage co reported original debt of $74,000 and sale price of $114,00, meaning it looks as though her estate earned $40,000 instead of the $10,000 received.

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How do I decline my inheritance?

ADDITIONAL INFORMATION: I do not want to accept any inheritance that my parents may leave me. Can I just write a letter and have it notarized or is there some type of legal form/letter that I need to fill out? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: To decline a gift or inheritance, you need to execute a disclaimer. In order for the disclaimer not to have any effect on you for estate or gift tax

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