Probate

How to Protect Your Home from Potential Nursing Home and Long-term Care Expenses

As estate planning attorneys, we often receive inquiries from clients regarding how to protect their homes from potential nursing home and long-term care expenses. Long-term care can be extremely expensive, and the cost can easily exceed the average person’s life savings. Fortunately, there are several strategies that can be employed to protect your home and other assets from the nursing home and long-term care expenses. One of the most effective ways to protect your home is

How To Avoid Probate

As estate planning attorneys, one of the most common questions we’re often asked is, “How can I avoid probate?” Probate is the legal process of settling a deceased person’s estate, and it can be time-consuming and costly. Fortunately, there are several ways to avoid probate and ensure that your assets are distributed according to your wishes. One of the most effective ways to avoid probate is to create a revocable living trust. A living trust is

Do I have to go through probate to sell my deceased mom’s mobile home ?

I am trying to sell her home and was told by the realtor that I had to go through probate. I am in her will ANSWER BY MARGARET CROSS-BELIVEAU: The realtor is correct. A will doesn’t avoid probate, it just directs where the deceased’s assets are to go after death during the probate process. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

Can one parent legal withhold information regarding assets from the other parent after the death of a child?

I have been divorced from my ex-spouse for over 10 years. Recently, our emancipated child (not married, no children) died in a motor vehicle accident. My understanding is that, in this situation, each parent is entitled to receive 50% of the estate. I’m trying to get my ex-spouse to cooperate in generating an estate inventory. Although there are not a lot of tangible assets (child’s vehicle was totaled in the accident), my ex-spouse has been solely

Do I inherit under my grandmother’s will if my mother passed away before her?

The will states my two aunts by name and two uncles by name and follows it up with this wording exactly if they survive me by 30 days but however if any child of mine does not survive me I give the share such deceased child would have taken had he or she survived me to his or her descendants. I ask this ? As I have received from courts a a citation of petition for

How do I get a copy of a will when I live in another state?

I live in New Hampshire and am trying to get a copy of my mother’s will. I went to the City Clerk of the Court Cook County, but did not find a link on how to download a form to obtain a copy of the will. Obviously I cannot appear at the specified location as stated on the Probate Court – Cook County website. I would greatly appreciate any advice you may offer. ANSWER BY MARGARET

When someone does not want to be an executor of a will can they appoint someone else in their place

When someone does not want to be an executor of a will can they appoint someone else in their place ANSWER BY MARGARET CROSS-BELIVEAU: If you don’t want to serve as executor, you can decline to sign. The will should have an alternate Person Representative listed. If there is no alternate, the state has a statute which spells out who in the family has priority to serve as PR. Follow us on Facebook Follow us on

How to get a deed transferred from a deceased spouse? and is it expensive? my mother is a disabled senior on a tight budget

My parents home was only in my father’s name. He passed away 7 years ago, leaving his estate to my mother, per his will. She continued to make the monthly mortgage payments and nobody every mentioned anything to her. Now, her mortgage has been transferred to a new loan company they’re saying she needs to get the deed put into her name. She’s struggling with money at this time and the people she keeps trying to

Trying to find out if father left a will or had life insurance, but can’t get into his residence and don’t have passwords?

My father (who is divorced from my mother) lived in a different house with his girlfriend for a long time, but never legally wed. The girlfriend’s family gave me some electronic equipment (iphone/laptop) but don’t have the passwords to access it. The girlfriend’s family does not want us to review any “paperwork”, because my father and his girlfriend had joint investment accounts. My sister who once stayed in that house for family visits & is first

Does my mother, as an heir, have a right to sell land that belonged to her mother?

My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what are our options? My mom has the original deed to the property and paid property taxes for three years after she

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