Additional Information: My ex is an alcoholic and died one. I believed he knows he does not have long to live, when he was given the package to leave the company, was he allowed to take all his 401K and Pension Fund out before retiring age? He was 47 when he died and it was 2 years after he left the company. Is he entitled to take all the funds and spend since he knows he

Additional Information: My mom and sister died within two days of each other. I am my mom’s representative and her will states that my sister or her estate was to receive a portion of her assets. My sister’s husband (the trustee) is willing to disclaim any proceeds but the insurance company wants a letter of testamentary to validate his right to do so. Since my sister’s estate was not probated what do I do now. My

Additional Information: Father died 1 year ago, will and small estate affidavit filed at that time.  Bank holds an equity line of credit on home,$70,000.  Estate worth less than $100,000.  Bank demands letter of office, obtained from probate.  Funds to pay for filing of probate by lawyer are in the bank ,we can not access the funds.  We can’t pay until we have access, we can’t access until we probate.  Catch 22,

Additional Information: I am receiving approximately $200,000 in inheritance with approx $100,000 in a personal residence. I would like to keep property as a rental income to help with my living expenses. Due to multiple sclerosis I have been on work disability for 15 years and need the disability income to live. How do I position my inheritance so that I do not put my disability income at risk? Is there some sort of trust that

Additional Information: We have my mother’s trust accounting & in the accounting there is major amount of money that can not be accounted for & he can not provide the proof of were the money went & for what it went for. Also 2 of her life insurance policies can not be accounted for either. We know they were pd to the trust because the insurance companies told us. But just like the money it just

Additional Information: I BELIEVE A FAMILY MEMBER HAD TWO WILLS AND I WAS IN ONE OF THEM, BUT THE ONE I WAS IN WAS NOT GIVEN TO THE COURTS AND EVERYTHING WAS LEFT TO THE OTHER PERSON. ATTORNEY ANSWER: The Last Will and Testament which was submitted to the Probate Court must be the last Will which was executed by the Testator. All prior Wills are revoked upon the signing of a new Will.  If you

Additional Information: What are my right since my mother pass away and there are 10 other siblings involved concerning our mother house and any money that she may have left behind after her final expense has been taking care of? ATTORNEY ANSWER: First, you need to determine which assets will need to be probated.  Any assets which were owned by your mother jointly with another person or had a beneficiary designation on them will pass directly

Additional Information: A man now only holds a life estate for the house he lives in and signed the deed over to his 2 daughters. Can he sell the house and avoid the capital gain fees because he has lived there for 2+ years out of the past 5 years. Or do his daughters have to sell the house and property and pay the capital gain? ATTORNEY ANSWER: Currently the father owns a life estate and

Additional Information: According to an irrevocable trust, as a income beneficiary, I am allowed access to the principal of my trust share trust only under certain ascertainable standards–h/e/m/s. Also, the “trustee’s determination shall be conclusive.  The trustee “shall” take into consideration my “income or capital resources from any source.”  Does this mean that if I have a large amount of resources outside the trust that it will be hard for me to access the principal, if

Additional Information: If the deceased had a pour over will filed in probate and any of this assets that wasn’t put into the trust, would pour over from his estate into the trust? If the estate has a independent representative administering the estate, if the administer doesn’t follow the pour over will and by pass the trust without pour over the estate to the trust. Is that illegal? A trust is business; would it have a