Idaho Estate Planning Legal Questions

The money should have gone to your mother's estate and her heirs, which probably would be her children. You should demand an accounting from your dad and that all of the money be returned to the estate or heirs. If he refuses, you will need to hire a lawyer to get a court order against your dad.... Read Answer

It may affect your benefits, depending on the benefits you receive (most people are getting various benefits under various programs, subject to different laws). The best thing to do is to consult a lawyer who works in the field of "elder law" or disability law, and review your particular benefits with that lawyer.... Read Answer

If the decedent's estate includes assets valued in excess of $100,000, or real estate, a probate must be opened for the estate. Assets that are subject to probate are those assets that are owned by the deceased individual and are not transferred to a designated beneficiary by their own terms or the form of ownership. For example: real estate might be owned in joint tenancy with rights of survivorship and upon the death of one of the joint tenants the survivor becomes the sole owner and can deal with the property without the need for probate; life insurance often has a designated beneficiary such that upon delivery of proof of the death of the insured, the insurance company distributes the benefit to the named beneficiary without the need for probate; similarly, certain financial accounts and deferred income accounts might have designated beneficiaries and upon proof of death provided to the financial institution the account is distributed to the designated beneficiary in accord with the terms of the account. When an asset is owned by the deceased and an act of the deceased is required to transfer ownership then a probate is required to appoint a representative for the decedent's estate. Since the deceased cannot act, the court appointed representative is granted the authority to deal with the assets of the deceased and to transfer the assets of the deceased. The Court supervises the probate estate to ensure that the proper parties designated in the Will receive distribution of their legacy as directed by the deceased in the Will.... Read Answer

First, you need to determine how the grandson got title. If fraudulently, you need to go to court to reverse it. Because the other heirs have already built homes, you need to transfer the properties to them. I am surprised that they could do so without proper title and title insurance. This sounds like a big mess to me, and I recommend that you hire a good real estate lawyer.... Read Answer

This is a very important question. Unless your father and his new wife execute a valid prenuptial agreement, his new wife can "elect against" his will and claim 1/3 of his estate. Her children would have no legal right to anything, but she would. I have seen situations like this wreak havoc on both the estate plan and the family, so careful and conscientious planning is advisable.... Read Answer

You can file a lawsuit to have the court determine who are the rightful owners of the property and cancel the deed allegedly transferring your interest to your parents. Pending the court decision on title, you must record a Notice of Legal Action (commonly known as a "lis pendens") setting forth that you have filed a legal action in which you are claiming an ownership interest in the property. Until you record the notice, someone (known as a good faith purchaser) can buy the property from your mother and you would lose your right to the property because the buyer wouldn't know of your claim.... Read Answer

A will is a legal document which expresses the wishes of its maker as to how his or her assets should be allocated at the time of his/her death. It also gives some general directions as to the payment of taxes and legally enforceable debts, appoints a personal representative to do all this. To be "legal" it must be signed and dated by the Testator (person making the will) in front of two persons who are not related and do not have any interest in the decedent's assets (i.e., are not beneficiaries of the will). To be self-proving (meaning the witness will not have to appear in court later to "prove" the will) it must also be signed by Testator and witnesses in front of a Notary.... Read Answer

Maybe. Did he leave a will? If he left a will and named you in the will as a child which he was not going to leave anything to, then No. He remembered you and stated his plans to not provide for you. But we have several cases which say a sane man/woman does not forget to provide something for his/her children, even if remarried, so the person has to have named and disinherited, of the child can ask the court to set aside the will and use the intestate statute to distribute the estate - which is 50% to a surviving wife and 50% to surviving children.... Read Answer

Write your questions down for your attorney and e-mail them to him stating that you need them answered. The life insurance money passes to whomever is named the beneficiary and is outside the estate. How much money the parents have already received has nothing to do with how much they are entitled to receive. In California the fact that you were not married has no effect on the right of his child to inherit.... Read Answer