Estate Planning Legal Questions

Because your Father post deceased (died after) your grandmother, his distribution would go to his estate, and eventually to his heirs. So, if your sister and you are his only heirs (presuming he has no living spouse and you have no other siblings), and there is no Will, then you and your sister would inherit from his estate. Someone has to represent his estate to collect the money and distribute the money to your sister and you. Note that if he died before your grandmother, then you and your sister would directly inherit from your grandmother's estate. But since he died afterward, there has to be someone who has the authority to collect the distribution from your grandmother's estate to distribute to his heirs. Because this amount is less than $50k, it could be possible to use a small estate procedure. According to the court's website, the small estate administration is a simplified court procedure available if the person who died (the "decedent") did not have many assets. To do this you need to file a form called an "Affidavit of Voluntary Administration," also known as the "small estate affidavit." Here is a link to the court's website for  more information: https://www.nycourts.gov/courthelp/diy/smallEstate.shtml I hope this helps you better understand the issues. Best regards.  ... Read Answer

You do not say whether this was a lawsuit which was filed on behalf of your father before his death, in which case you should have done so under a Durable Power of Attorney; whether this is a wrongful death suit; or whether there is a dispute over his estate.  Without this information, it is hard to answer your implied question.... Read Answer

You may want to request that accounting, if only as a prompt, and, if it is not timely provided, ask the court to replace the trustee. A Florida trust lawyer can advise you on whether Florida trust law or the language of this particular trust requires that final distributions be made by a certain date. ... Read Answer

Without reviewing the trust document itself, no one can answer this question.  In some states a trustee is required to provide an annual accounting to any beneficiary 25 or older.  But damages must be shown before a beneficiary who was not notified is entitled to any compensation.  "Strong arming" might fall within the category of undue influence but undue influence is extraordinarily difficult to prove.  Without reviewing the trust document itself (which if it was available publicly appears to be a trust created by Will), it appears that you are likely entitled to nothing and would spend a great deal in legal fees trying to get it.... Read Answer

If you had authority to close the business under the business's operating agreement, the success of any suit for damages based on your closing it depends on the language of the lease.  If a suit is successful, the business, not you, should pay. If you did not have authority to close the business under the business's operating agreement, you should get it once the court admits your mother's estate to probate and appoints you administrator. Hire a probate lawyer who practices in the county in which your mother lived and died to apply to be appointed and advise you on whether and when any claim should be paid.  ... Read Answer

If your mother's prior Will did not include an agreement not to change it (mirrored by the same agreement in your father's Will) and she did not sign a contract not to change her Will, she was free to make a new one and exclude whomever she wanted to exclude.  Even if she had had no Will and her estate passed under the laws of inheritance, a stepchild does not inherit unless he was adopted.... Read Answer

If there is no land, house, vehicles, savings account, checking accoount or valued property, it appears the what the family is fighting over may be (1) disposing of the remains and (2) disposing of the personal effects.  (1) In most states, if the deceased has not signed an Appointment for Disposition of Remains or similar document and the family has not acted, the executor may dispose of the remains. (2) In most states, if only personal effects (clothes, shoes, etc.) remain, the Will is not presented to a court for probate (proving).... Read Answer

Merely being diagnosed with dementia does not mean that someone does not have a lucid moment in which they can make a Will.  As you know, dementia is progressive. After someone has died, it is difficult to determine whether they were, on a certain date, so advanced in their dementia that they no longer had legal capacity to make a Will.  This is true even for someone under guardianship. Similarly, undue influence is difficult to prove. If you would like to contest the Will (which you should have done in 2019 if ever), please discuss the matter with a lawyer who practices fiduciary litigation in the county in which your father died.    ... Read Answer

A Will has no legal effect until it is submitted for probate.  When it is, it becomes a public document.  Check with the probate court (Washington superior court) in the county in which your mother died.  Note that the attorney representing your sister has no obligation to speak with you as parent of beneficiaries (if your children are so named under the Will):  you are not her client.  If no Will has been submitted for probate, hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration so that you can settle your mother's estate.... Read Answer

Dear Ms. Foster, Estate planning attorneys normally charge anywhere from $1,000 to $3,500, depending on what you'd like them to do.  For instance, our office handles advance directives/living wills, guardianships, trusts, various powers of attorney, and conservatorships, just to name a few.   It sounds like your mother needs a simple estate plan, but it would be best if she reaches out to an attorney who will make sure her affairs are in order. Reach out if there is anything else I can do for you. Warm regards, Paul Cain, Esq. a.paul.cain@riseuplegal.com 904-877-1010... Read Answer

A Will probate or succession must be opened with the court and a bank account for the estate created pursuant to court order.  The person whom the court appoints to administer that estate can then deposit all of the decedent's money in it, pay all bills out of it and distribute the rest according to the Will or, if there is no Will, according to the laws of succession.... Read Answer