Estates

Generally all you need to do is record a death certificate in the land records. You cannot take a person name off a deed.

The only entity that can appoint an executor is the probate court. Your mother's will must be presented to the court for allowance if the will transferred her property to her living trust. The executor will be appointed at the same time. If your mother had transferred all her property to a living trust BEFORE her death you must have the trust document reviewed by an attorney. Your brother is not allowed to operate in secret. He should submit an inventory of all the property in the trust and an accounting of any property or funds he has distributed or spent. You can sue him in a court of equity if he refuses to be completely open about his activities as the trustee. A trustee has only the power explicitly given in the trust document. He does not own the property. He is holding it for the benefit of others. A trustee who is being secretive and unwilling to have his actions reviewed should be removed immediately and replaced with a more trustworthy trustee. A court can do that for you. You need to have your situation reviewed by an attorney who specializes in probate.

Yes, she must maintain the property at least to the extent it was when the life estate was granted, that includes regular maintenance, repairs, taxes, etc.

Yes, but the property would remain subject to the life estate. You should seek the advice of an attorney who specializes in real estate law in your area to draft a proper deed and explain the consequences of the transfer.

The same requirements needed for the will need to be met. It does not require the same attorney, just the proper witnesses.

Not unless that disposition was provided by the testator in the will. You can visit the court where the will was filed and ask for the case file. You can then check the will and review all the other documents in the file. If you have questions ask to speak with the attorney who is representing the estate.

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No. In fact, you seem confused. An estate is not handled under a power of attorney. It will have an executor or administrator or some similar personal representative appointed by the court. Also, executors, administrators, etc. are not allowed to delegate their duties and obligations to others by a power of attorney. Courts generally favor appointing the surviving spouse as the fiduciary. If she declines then an adult child would be next in line, then siblings. Anyone can serve as an executor but the state laws define who can serve as an administrator in an intestate estate. If the person appointed by the court to handle an estate dies the court must appoint a successor.

It is certainly something that could be done. Some places may hesitate if the property is not specifically listed in the power of attorney.

Yes it certainly can be. Reasonable costs and payment are usually part of the laws in many states. Consult an attorney in your state for the specific amounts.

No, it does not remove the life estate unless the bequethment document specifies that it must be occupied by the holder. The life estate remains as long as the individual is living. They can sell the life estate or sign their rights away, but it doesn't go away by moving out.

Hopefully, there is insurance or other funds in the will designated for the child. Of course, the child will be eligible for social security benefits if the parent worked.

The fee is set by state law.

Conservative view: If the life tenant conveys ALL of her right, title and interest then the property is free of her interest and the remaindermen own the fee free and clear. The release should have gone to both remaindermen. If the release doesn't specify ALL her RT & I, or that she intended to release her life estate, then there might be a question of what she was releasing. On the other hand- a quitclaim deed releases any interest the grantor has in the real estate. So that may have cleared the title of her life estate.

absolutly! If you stay in the house you are putting your children in danger!GET OUT!!!!

Annual Summary and Transmittal of U.S. Information Returns. Click on the related links section below under 1096 for a look at the form.

The cost structure associated with an inheritance advance depends on a number of factors. These factors include the nature of assets in the estate (cash vs. stocks/bonds vs. real estate), expected time to distribution etc. The riskier and larger the inheritance cash advance, the more expensive it becomes.

For example, if the estate is expected to pay out very quickly (say 6 months or less), or is comprised of only cash assets (bank accounts etc.), the price will be relatively low. On the other hand, if the estate is comprised of unsold real estate or the decedent passed intestate (without a will), and it looks like it will take up to 2 years to distribute, the cost will be higher. In other words, the level of risk to the company determines the overall cost of the advance. An inheritance advance is not a loan, your credit is never an issue, there are no monthly payments. If the inheritance fails to materialize or is siezed by any government agency (for taxes or child support), inheritance advance companies build the risk into the pricing and will not seek repayment from you.

You are dealing with a cash advance business that charges a fee for this service. Generally, those businesses charge an up-front fee of 10 to 40% of the cash advance. The beneficiary agrees to assign a portion of their inheritance to the funding source. Cash advances on an inheritance in Probate are in the same category as funding sources that buy out structured settlements for immediate cash. Those businesses charge a fee to advance you money when you need it quickly. It's okay as long as the party entering the agreement is fully informed and fully understands the process.

It depends on how the trust is drafted. A properly drafted irrevocable trust, in Florida, will be invisible to Medicaid (Medicare doesn't factor assets into whether or not one is qualified the way Medicaid does).

However, transfers of assets into the trust must be done 5 years before applying to medicaid or medicaid will assess a transfer penalty (this is referred to as the "five year lookback"). The transfer penalty is a period of ineligibility for certain medicaid benefits depending on the size of the transfer.

As a result, irrevocable trust planning would not be appropriate for all Medicaid planning scenarios.

Not if the couple reside in a community property state and the property was acquired during the marriage. In all other states the state's probate succession laws would apply. It is difficult to understand why the spouse would not be named on the property deed especially when she is the co-debtor, unless the couple do reside in a CP state. Regardless of the circumstances, it would be in the person best interest to consult with an attorney who is knowledgeable in marital property laws of their state of residence.

And most states have what is called the "Dower Right" which gives certain rights in any real property owned by the husband to the wife. If he had tried to sell the property, they would have required her to sign off her rights to the property.

The letter of the law being what it is, make sure that if your name is on the mortgage, that you have your name on the deed, also.

There is a great deal of similarity. Both are responsible for following the law and taking care of the assets of the person or estate.

Yes, that person can be audited or made to account for what was done under the POA. The practical problem is that the executrix of the estate is the one normally exclusively entitled to demand an accounting from the former POA holder and it is not likely that she will provide an accounting unless ordered to do so. A beneficiary of the estate would have standing under those circumstances to file an action in court to get a court order directing the executrix to account for what she did under the POA.

Most states have no automatic requirement for an accounting by a POA holder the way they might have automatic requirements for an executrix to account. This is why the beneficiary might have to go to court.

That phrase means nothing. It is a jumble of legal terms. A tenancy in common carries no rights of survivorship. A right of survivorship must be established by a joint tenancy or a tenancy by the entirety. Deeds should always be drafted by a professional.

Yes. Divorce files are part of the public record.

Yes, if the note holder wants to. It is up to your mum to pay the morgage if she doesn't want the house to get repossed.She can take her step-son to court to collect his half she pays and to force him to sell or buy her out.

The mother can apply to the probate court to be the executor. In this case the parents are entitled to the estate. There is probably little to distribute and nothing in the way of legal property. You might consult with a probate attorney to see if it is worth hiring them to assist, but they will probably say it isn't worth it.