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490 legal questions have been posted about estate litigation by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Estate Litigation Questions & Legal Answers - Page 20
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Recent Legal Answers

Mai mere dadaji ki jaga per apna ghara bana rahahu. ghar adha hua hai per abhi mere chachiji aur unki family jo hamare sath nehi rehte hai woh ek stay order ka notic bhej diye hai. abhi mei kya karu. mujhe atleast ek mahina chahiye. Mei ish stay order k against mei kya step le sakta hu please mujhe batayiye.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
If you can re-post this question in English, there is a good chance that someone here can help you with it.
If you can re-post this question in English, there is a good chance that someone here can help you with it.

Does a trustee for minor beneficiaries of a will have a right to request bookkeeping records from the estate?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You don't explain any way in which those records are related to the performance of the trustee's duties. As a general matter, the trustee's rights and powers are limited to those set forth in the will, which means he cannot contest the will or the accounting of any other fiduciary. Beneficiaries, on the other hand, may generally demand an accounting.... Read More
You don't explain any way in which those records are related to the performance of the trustee's duties. As a general matter, the trustee's rights... Read More

I need information about paying out an inheritance when one heir has died before payments have been made.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Yes. His share can be held by the executor of your aunt's estate until a personal representative is appointed for him.
Yes. His share can be held by the executor of your aunt's estate until a personal representative is appointed for him.

My sister and her Probate Attorney closed my dads probate then sold all personal property willed to me. Is this legal?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
It is impossible to answer this question from the limited facts you have provided. It is entirely possible that the acts of the executrix were correct in liquidating the assets. See an attorney who can review the file.
It is impossible to answer this question from the limited facts you have provided. It is entirely possible that the acts of the executrix were... Read More

Is the successor trustee bound by law to communicate with beneficiaries at least annually.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The answer depends entirely on the terms of the trust, which you do not provide. What does it say?
The answer depends entirely on the terms of the trust, which you do not provide. What does it say?

I need to know how to free up funds from deceased father's business IRA without becoming liable to the IRS.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
There is no such thing as a "business IRA," and all funds in an IRA pass according to the beneficiary designation made by the account holder. If there are multiple beneficiaries, then each should sign. You need to have this matter reviewed by an attorney, because the facts do not make any sense.... Read More
There is no such thing as a "business IRA," and all funds in an IRA pass according to the beneficiary designation made by the account holder. If... Read More

Does release of estate by beneficiary prevent suit of the closed guardianship that preceded the estate?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
It's a multistep process. When and if the disgruntled releasor succeeds in having his release set aside, he can conduct discovery regarding the terminated guardianship -- although such discovery might be allowed even at this stage if the basis of the current suit is fraud. You state that it's "coercion," which generally means duress. No facts related to the closed guardianship would generally be relevant to prove duress.... Read More
It's a multistep process. When and if the disgruntled releasor succeeds in having his release set aside, he can conduct discovery regarding the... Read More

What is a typical reasonable amount for an executive to charge for commission? Need to have an idea of what to expect.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
I think you mean "executrix," not executive. Michigan has adopted the Uniform Probate Code, which allows an executrix to receive a "reasonable" commission, not one unilaterally decided upon by the executrix. The court has the power to determine any dispute over the reasonableness of the fee. Fees for a modest size estate are generally in the range of 5%, although your mileage may vary depending on the nature of the assets, the difficulty in marshaling them and distributing them, and any other factors that apply.... Read More
I think you mean "executrix," not executive. Michigan has adopted the Uniform Probate Code, which allows an executrix to receive a "reasonable"... Read More

Will monies that come out of probate be used to pay a Trustee or does it get dispersed amongst the beneficiaries?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
The executor's commission is deducted from the distributable portion of the estate prior to distribution of the beneficiaries. You will get receive your share, net of those fees, once probate is complete.  
The executor's commission is deducted from the distributable portion of the estate prior to distribution of the beneficiaries. You will get receive... Read More

Death, no known will, how do we get information about any known rights?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Your son will be entitled to notice from the court of any probate proceedings relating to his father.
Your son will be entitled to notice from the court of any probate proceedings relating to his father.

I'm I Responsible for my mother's credit card debt after her death

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
In a word, no.
In a word, no.

Does the Missouri statue on homestead allowance supercede a revocable trust? The property deed is in the name of the trust.

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
That's not the way the homestead allowance works in Missouri. In general, the one-half interest granted under the trust will vastly exceed the homestead allowance. You need to review this situation with your own attorney in light of the terms of the trust and with information about the value of the property.... Read More
That's not the way the homestead allowance works in Missouri. In general, the one-half interest granted under the trust will vastly exceed the... Read More

how can i find out if i am the beneficiary to a living trust after the writer is deceased?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
That's a very difficult question. Living trust agreements are not required to be filed anywhere, and there is no legal requirement that anyone be notified that such an agreement has been executed. You might want to consult the grantor's close family members or attorney.  
That's a very difficult question. Living trust agreements are not required to be filed anywhere, and there is no legal requirement that anyone be... Read More

What type of lawyer do I need to hire?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
You need an attorney who practices estate litigation.  
You need an attorney who practices estate litigation.  

we have been paying for are mobile home for 14 and a half years and now found out the house we have been paying for is not the one we have

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
That's an interesting problem. In general, after 14 years of possession, your faulty title may have ripened into ownership and should certainly provide an interesting, if not effective, defense to any claim by the record owner. You will wish to discuss the specific facts of this situation with an attorney.... Read More
That's an interesting problem. In general, after 14 years of possession, your faulty title may have ripened into ownership and should certainly... Read More
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