Estate Litigation Legal Questions

If I understand your question correctively, your father took out loans on two cars.  He did not leave this cars specifically to you, but rather left everything to you and your brother.  His estate is liable for the loans.  If the estate does not pay, the loaner will be able to repossess the cars.  You and your brother are free to make a deal between you as long as you both agree as far as how the loans will be repaid, but, if you want to keep both cars, the loan will have to be repaid somehow.  ... Read More

The renunciation will simply allow her to serve as personal representative of his estate.  The downsides are 1) control and 2) fees.   She will be entitled to compensation for serving as the personal rep.  She may not take a fee if that means taking money from her own child but that's a possibility.  Control and disclosure are issues too.  If she is the rep, she controls all of the information.  She doesn't necessarily have to share that info with you becasue you won't be a beneficiary of the estate and, as such, not entitled to information.  If you have any desire for info about the proper administration of the estate, you might either not sign or discuss an agreement for ongoing information sharing as a condition you signing the document.... Read More

Dear Sir or Madam,   You need to file an action/petition with the probate court in the county of the decedent's last residence. A formal probate may not be needed depending on the sixze of the estate, however if formal probate is requied you would have to be appointed PR based upon whether you have preference under law to serve as the PR. Unless you are sole beneficiary, it is likely you will need to hire a lawyer for this process. The POA is now ineffective as the POA terminates upon the death of your aunt.... Read More

The issue of whether the wife of a deceased owner of a business must consent to a sale depends on the Operating Agreement or bylaws of the business.  I recommend requesting a copy of the business' documents to see what your rights are in terms of the sale and the sale proceeds.  Do this in writing, so that you have proof of the request.  Without more information, I can't say how paperwork filed incorrectly affects this.  I would suggest correcting the filing and pursuing your husband's interest in the business. ... Read More

Louisiana law is pretty different from other states so I would encourage you to talk to a lawyer there.  But I will give you some general information that I think, although am not sure, is true for all states.  It sounds like you and your siblings inherited some stocks, bonds, annuities, and property in 1998.  I'm not clear whether your dad had usufruct over those assets or whether he had usufruct just over the assets he inherited personally.  Your dad remarried at some point, and it sounds like he left everything to that wife.  Any assets that your dad inherited from your mom that were not encumbered by a trust, he was free to spend or transfer to his second wife.  Trust assets are usually not subject to probate process, but the the legal document that created the trust or his usufruct should include some language about who replaces your dad as trustee when he passes away.  That is the personl that you should be in contact with to determine whether you are entitled to any assets.  I'm not sure why you were in court or what your attorney failed to prove, but your rights and any actions you should or can take depend on the details of the usufruct, what assets are involved, what court action has taken place so far.  It honestly doesn't seem to me that you will be able to get sufficient legal guidance online.  I recommend speaking to another lawyer in LA who specializes in probate litigation. ... Read More

Life insurance proceeds will be paid in accordance with the beneficiary designations set by the policy owner.  If your father was named as the beneficiary, then the proceeds, or whatever portion of the proceeds were designated to your father, will be paid to your father outside of the Estate.  If your rather and uncle were "co-beneficiaries", then its possible the share for your uncle could be paid to the Estate and distributed in accordance with your Aunt's will or, in the absence of a will, in accordance with the Pennsylvania laws of intestate succession.  The home can't prevent the policy payout. ... Read More

Hi - Yes, this is standard.  It is the personal representative's way of providing benefiiciaries with some funds before the estate is closed while ensuring that he or she will not be held personally responsible if some taxes or other expenses end up being more than than the amount of estate assets remaining.  If you don't sign, you just won't get the interim distribution - so you would wait until the estate is ready to close after the 2016 tax return has been prepared (and whatever other actions are necessary) and then get a disbursement.  If the possibility of having to return some of the disbursed funds is not worth it to you, then don't take the interim distribution but otherwise it sounds fine from what you have described.  ... Read More

Most states do not have a law requiring a trustee to provide the entire trust document to beneficiaries.  You are entitled to see those sections of the trust that pertain to your distributions, and to annual accountings.  If you suspect wrongdoing you can seek to remove a trustee in probate court, or ask that the court supervise the trustee's administration of the trust.  ... Read More

Children cannot own property, so they would have to be in trust for the children or in a Uniform Gift to Minors Account for their benefit, or maybe a Section 529 account.  All of these can be managed by the guardian but are for the benefit of the children.     If the fundraiser was meant for the individual and the children, the funds should go into some sort of account for the benefit of the children, not to the guardian.  ... Read More

I'm sorry for your loss.  You and your sister are her heirs and have the right to her property once any creditors are paid.  If you have a sibling that passed and left children, those children are heirs too.   You will need to go through the probate process for an intestate (left no Will) estate.  This will provide notice to creditors and appoint you or your sister as the executor of the estate.  The executor has the legal authority to sell and distribute estate assets.  Nolo.com has some good information about the probate process, as does your state probate website.  Good luck.  ... Read More

If your father was still living when your grandparents both died, which it sounds like is the case, then your father was entitled to his share.  If he passed away after that, then his estate is entitled to that share or whatever is left of it, if he received it before his death.  Upon his death, if he had no Will, his wife (if she is not your mother) is entitled to half of his probate estate and his children divide the other half.  Please note that probate assets do not include assets in trust, or any assets that your father owned jointly with his wife.  If, for instance, he put the funds he inherited from his parents into a joint savings account owned by both he and his wife, those funds became hers automaticallly when he died.  They are not probate assets.  Assets that name a beneficiary or that have a pay-on-death designation also are not probate assets.  Instead, they go to the person named as the beneficiary.  Only assets owned in your father's name alone are probate assets, subject to administration pursuant to the laws of probate.   It sounds like his wife was appointed executor of his estate by the probate court.  Legal notice must be given to heirs and there is penalty for not doing so.  Executors must administer the estate in accordance with the law of intestacy, and the court can order an executor to do so or remove an executor who does not follow the law.  All of these actions are within the jurisdiction of the probate court for the county where your father lived.  As an heir, you are able to file requests to the court to address these issues.  You may need a lawyer's assistance in drafting them, or the court may have forms that you can use.  Good luck.  ... Read More

It looks like Ohio probate law allows you six months after the death of the person who owed you money to make a claim against his estate.  You can do this by sending a demand letter to the executor of the estate with the details of the claim, or filing a claim with the probate court.   If you are sending a demand letter, I recommend sending it registered mail so you have proof of when it was sent.  If probate has not been filed yet, you can seek to be appointed to administer the estate in addition to filing your claim.       ... Read More

How much is the tax?  maybe she can work out a payment plan with the Department of Revenue.  Best thing to do is deal with it proactively.  The unpaid tax is a lien on the property and can impair her ability to use the property as collateral for a loan or to sell the house free and clear of liens. ... Read More