Estate Litigation Legal Questions

A trustee has a fiduciary duty to act in the best interest of all of the beneficiaries. While a trustee can distribute her share of the trust assets to herself, she cannot do that if it is a detriment to the other beneficiaries.  Also, while a trustee is entitled to hire an attorney to defend her as the trustee of the trust, she cannot hire an attorney that would completely deplete all of the trust assets. Pigs get fat, hogs get slaughtered.  It looks like the trustee took a little too much liberties in this trust.... Read More

It is unclear whether the brothers were adopted into the family or out of the family. However, your husband can certainly file a petition for the probate of his father's estate even if there is no will. The copyrights to the music and poetry can pass to the heirs through intestate succession along with all other property of the decedent. If the brothers were adopted into the family, they have an equal right to the inheritance.... Read More

Is this is probate or was there a trust?  In any case, you should be receiving at least an annual accounting of the assets and expenses of the estate.  The executor is a fiduciary for all of the beneficiaries and is required to act in your best interests.  If he doesn't, then he is in breach of his fiduciary duties.  There are petitions you can file to require an accounting and to determine whether the executor has breached his fiduciary duties to the beneficiaries.  Call or email an attorney for a full consultation.... Read More

It depends on how they hold title, and a number of other factors. If your husband and his brother own the property as joint tenants, then if your husband dies his brother will own the entire property.  You will not have any interest in the property. If your husband and his brother own the property as tenants in common, then if your husband dies your interest will depend on whether the property interest is community, separate, or quasi-community property; if your husband has a will; and what other heirs your husband has.... Read More

Usually a life estate reserves the use of the subject property for the life of the individual reserving the estate.  There may be other factors that can end the life estate.  You should have an attorney review the deed and the facts surrounding the situation to get specific advice.  ... Read More

Yes you have to open an estate.  If there is a will, you must probate the will.  Go to the county probate office in the county in which your mother lived.  Bring the will, a death certificate and a check.  By probating the will, you will be recognized as the person in charge of the estate.  You will be able to sell the house, or put the house into your own name.  If you are going to sell the house, you will need to open an Estate checking account, and will need to get an EIN for the estate.  You will use an online application at the IRS - form SS-4 - to get the EIN.  You will need the EIN to open the estate account. ... Read More

If the value of the Series EE savings bonds are higher than $30K, your wife should file a petition to the court requesting to be appointed as the administrator of her father's estate.  She will have to give notice to the sister living out west.  Once she is appointed as the administrator, she will have the authority to liquidate the bonds. If the value is lower than 30K, then she should file for small estates proceeding.... Read More

The improvements you made to the property should be credited however, you also lived on the property.  If you did not pay rent, then you also got a benefit form the estate.  The value of the rent would be credited against the improvements you put into the property.  This should all be taken into account when the division of the assets is made. ... Read More

You have the fiduciary responsibility to use the Power of Attorney for mom's benefit, and never fo your own benefit.  As long as you are fufilling that responsibility, you do not have to report to anyone about what you do.  Its more that you have a duty to mom, that a "right". ... Read More

It doesn't necessarily sound like you would need to actually file a claim against her daughter. Based on what you described it is likely that the best course of action is simply going to be to try to defeat any claim brought by the daughter in the probate matter.  You certainly can bring a suit for slander, but that suit would properly be a separate civil action. Has this woman filed a suit in probate court?... Read More

That's a little difficult to answer without more information.  As part of Estate Tax or Inheritance Tax?  what is the size of the estate?  Who is the beneficiary in relation to the decedent?  If you supply more informatin I might be able to provide a better answer.     ... Read More

There is nothing stopping you from moving out of the house. All of you moving out does not change who the deed reads, and if your husband and his mother are on the deed together, that is how it is. I'd have to actually read the deed to be able to provide any information on changing the deed, if that is what the parties want to do. You need to get together with an experienced attorney to discuss what your goals are, and to allow a review of the actual deed.... Read More

A lot depends on your sister. If she is dishonest then yes she can prevent you from receiving your inheritance.  Plus, it's possible your sister and her attorney aren't communicating well!? Lots of possibilities here. You might consider hiring a probate attorney to protect your interests. -John ... Read More

Assuming your sister was not named financial power of attorney or co-signor on account then I would say it is illegal. If mom had other assets then perhaps this can be brought up in probate court. If no other assets then you might need to sue your sister. I have seen this type of situation many times and usually the family member that took the money has "reasons" such as: 1) providing care to mom, 2) providing free room and board to mom, 3) pay back of loan to mom, 4) funeral expenses, etc....   Good luck!  -John... Read More

Secured loans and unsecured loans stand on the same level in the probate court.  The secured loan holder will seize the asset securing the loan. The remaining balance after selling the seized asset will become an unsecured loan just like the unsecured loan.  If you have multiple unsecured loans and not enough money to pay them all in full, you should pay each one a proportionate amount of money after paying all other priority bills.  Priority bills include administrative expenses, funeral and burial expenses and taxes among other things.  You should consult with an attorney who specializes in probate administration before paying the bills and later discovering that you paid the wrong bills and now have to come out of pocket to pay the appropriate bills.... Read More

Hi Joseph, Was there a Will?  If not, you need to receive letters of administration from the Court.  Afterwards, you would need to file a bond then give the Offices of Unclaimed Funds the copies of the Letters of Administration and the Bond.  I currently have a similar case and the money that was held with the office was more than $300,000.00.  We did not know at first because they did not disclose the value of the without us getting the letters of administration.  Hope this helps but if not, you can reach me at achoi@novicklawgroup.com.  Thank you.... Read More

I'm sorry - but its really difficult to answer this question without looking at the deeds.  It could have been that when your father deeded the property, he gave her a life estate when he gave himself a life estate.  You would need to examine the chain of title, and determine what she is entitled to, and how to extinguish the life estate, if possible. ... Read More