Probate

How should I disperse savings of a deceased sibling of whom I was the guardian

ADDITIONAL INFORMATION: My brother passed away recently I was his Guardian he has money in the bank with my name as representative what should I do with the money he told me to split it up amongst the siblings and Dad can I do this legally ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Your representative payee and guardian status ended upon your brother’s death. The bank account will need to be probated. The assets will be

If a house is forclosed by the bank during probate is the PR and others named in the Will be liable or responsible for any unpaid

ADDITIONAL INFORMATION: I am the PR or executor of my mothers will. I entered into probate as there is a house to consider in the mix. I am no longer able to make payments and thought I would have time before forclosure but did not. Will I and my siblings be liable for any part of the unpaid mortgage? will it affect our credit? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: Only the estate is responsible

If my son did not leave his parents as beneficiary, could we get his roth ira and ira transferred to our name?

ADDITIONAL INFORMATION: My son who is 35 years old passed away suddenly. He is unmarried and has no issues.He kept us , his parents as his beneficiary for his 401k but did not keep anyone as beneficiary for his ira and roth ira. could we get his iras transferred to our name as we are the beneficiaries as parents or do we have to get a lawyer? Does his iras go into an estate as there

Can I file an Affidavit of Indigency to waive a probate of will fee?

ADDITIONAL INFORMATION: I had to probate a will using an MPC-170 form (Voluntary Administration Statement) and there was $115.00 fee, which I just couldn’t afford to pay, not without depriving myself of the necessities food, clothing, shelter, or paying related bills. The clerk specifically said that I could not file an Affidavit of Indigency for probating a will and could not waive the fee. I had no choice, I had to pay the fee. Now I

My father is drafting a will and making me a sole beneficiary, my question is sheltering these assets from my debt and leins

ADDITIONAL INFORMATION: The inheritance is free and clear and positive in a financial sense. But I have legal medical, and other debts… my question is can they force me to liquidate by leins or the sort and what would be a adaquate Means to shelter these assets from any interests so I can inherit what will be left to me as owner the inheritance is Real property 2, 3 parcels and vehicles and personal effects and

Can my sister legally file for Probate without me waiving my PR rights to her ?

ADDITIONAL INFORMATION: My sister has not provided me with my father’s will, death certificate, his bank statements ( which she still has open after death) and any other legal documents of interest. I am afraid to give up my PR rights at this point in time because I am not sure of her honesty and integrity concerning my father’s estate. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The Personal Representative is named in the Will. You

What if the deed was not signed before the death of the grantor of an irrevocable trust.

ADDITIONAL INFORMATION: My uncle had an irrevocable trust drawn up for my grandmother ( his mother) so he would get the house. Does the deed need to be signed before the death of grantor? Next question if the granddaughter lived with and cared for grandmother for 44 years and the grantor/ grandmother dies and uncle wants to sell the home should the granddaughter get copies of court hearings and from the attorneys as the heirs did?.

Can I make out a check for funeral

ADDITIONAL INFORMATION: I was P.O.A. for someone who just passed, her wish was to be cremated. Now that I have had the funeral home take care of this, I need to know if I can write a check out to the funeral home. It is my understanding my role as P.O.A. ceased as of her passing. what can I do. there is no executor of her estate ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As power

Can my sibling be evicted from my step father’s home after he dies?

ADDITIONAL INFORMATION: My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: If she is a beneficiary of the will, she may have a right to continue to live there if the will grants her an ownership interest in

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