Probate

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.

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

Can I file for compensation as a caregiver and daughter against my mothers will?

ADDITIONAL INFORMATION: I was caregiver for my step father when he had terminal cancer for five years, also for my mother during and after that time. This was a twenty four- seven situation which included all aspects of care for them plus taking care of their home inside and out. I had to move in with them as they could not be left alone, putting my entire life on hold for a period of approximately ten

Does a living trust have precedence over a previously written will?

ADDITIONAL INFORMATION: My mother in law recently passed away. She had been going downhill since she had surgery August of 2016. She was showing signs of dementia and it got worse as the days went on. Her previous doctor even has that in her medical records. Before she had surgery she filled out a will. She had four children. In the will she left all four children equal shares of real estate that she owned. In

If an individual has been married to someone for 4 months, does the surviving spouse have Spousal Rights??

ADDITIONAL INFORMATION: Is the surviving spouse entitled to exercise their right in the sale of property, if the deceased spouse was a joint heir to property before they died! Does the surviving spouse have the right to confirm or deny the sale of the property? If the couple actually lived on the property does the surviving spouse have to move? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: This is not a straightforward scenario. You state that the

When someone is made executor should there not be some bookkeeping records provide to the others named in the will?

ADDITIONAL INFORMATION: Brother is executor. All was to be divided equally, only the executor knows the full amount in the estate, there have been some shady purchases. Has caused a divide in the family, feel there should be some accountability for the executor to be sure they are following the requirements of the will. Bank statements list of expenses. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: Personal representatives are required to file an inventory within 3 months

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

What can we do about a discrepancy between a verbal agreement and the wording in a will?

ADDITIONAL INFORMATION: My husband’s mother asked us to move to her property to take care of it after she remarried when her husband died. She would then give the house and five acres to us in her will. She gave money to her oldest son and said she would take an equal amount off what the youngest son owed on a loan. Their mom has passed away. The will states the house and acres go to

My mother died so I was appointed the PR over the estate when I did the deed of distribution I did it in all Four heirs name

ADDITIONAL INFORMATION: My brother has been told he has cancer so it was to my understanding that the estate would be left to the other three to keep things straight ; then after his sickness 2 heirs had words leaving their share to the youngest of their gran children is this possible ? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As personal representative, it is your responsibility to distribute the estate assets according to the terms

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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