Estate Planning Legal Questions

Yes, there are a  number of legitimate businesses who focus on managing fund for the benefit of disabled persons and making sure that their needs are provided for. These tend to fall into two basic categories: community pooled trust companies (an example of one of those is Commonwealth Community Trust) and corporate fiduciaries (a category that comprises both banks and brokerage firms that have trust departments and independent trust companies). A trust created for a disabled person's benefit is usually referred to as a "supplemental needs trust" or a "special needs trusts," and those also fall into two different categories: first party (those funded with assets that belong to the disabled person) and third part (ones funded with money from someone who is not the disabled beneficiary, such as a parent). Not all corporate fiduciaries handle supplemental needs trusts. An example of a corporate fiduciary that does handle supplemental needs trusts is Southeastern Trust Company. If you want to provide for your daughter's benefit, the best thing to do is find an experienced estate planning attorney who can help you establish a third party funded supplemental needs trust. Most such attorneys know of companies that can serve as trustee for your daughter's trust and can make recommendations.... Read More

No, the estate should not be combined as one and split since the deaths were so close UNLESS they fell within the short period provided by state law.  But IF your father lacked a Will, Pennsylvania laws of intestacy would govern.  If, as in most of the original colonies, the English custom is follow, the children as well as the widow inherit.  Check with a local lawyer.  ... Read More

You do not write whether any of the estates have been probated (proven in court).  They must be.  Then the house will pass according to the Will of the son to whom the father left his assets (or, if he had no Will, according to the Louisiana laws of succession).  Those people may gift or sell the house to you.... Read More

If you are drafting these documents, you should be a lawyer licensed in Nevada and should know the answer to your question.  The law governing trusts, powers of attorney and wills varies from state to state.  This is not a DIY project, even with some form downloaded from the internet.... Read More

If a court had admitted the Will to probate (proving) and appointed your brother executor, it would be his duty to gather the assets, pay the bills and distribute the rest in accordance with the Will.  Given the time that has passed, he would probably only be able to file a distribution deed distributing the property according to the Will.  BUT it is highly unlikely that a court would admit a unsigned Will to probate.  Hire a local probate lawyer to file an application to determine heirship and issue letters of administration and settle your mother's estate.  If both your parents have died and you and your brother are the only children, half the home is yours. ... Read More

An agent under a Durable Power of Attorney cannot legally alter the disposition of assets to be made from a person's estate as shown in a Will or trust.  If changing the deed would do this, you may want to contact Adult Protective Services and an elder lawyer.  You can find one near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)     ... Read More

Contact Volunteer Legal Services in your area to request pro bono representation in settling your mother's estate.  If that is not available and you want to sell the home, some probate attorneys will agree to be paid out of the estate.  Be sure to put the money in a special needs trust (or master pooled special needs trust) and/or spend it in the month in which you receive it so that you can continue to receive SSI/Medicaid.... Read More

Contact a probate lawyer who practices in the county in which your grandmother lived and died.  Since the check is to the estate, not to you, you must open a formal probate (proving) of her estate by filing an Application for Determination of Heirship and Issuance of Letters of Administration or, depending on the amount in her estate, a Small Estate Affidavit.... Read More

I certainly agree with the attorney who said you need to hire an attorney, but the short answer is this: Those things titled or deeded to your mom and her husband are his. Yes he was designated as a POD beneficiary, things like bank accounts and insurance policies may also just go to him. For those things that would pass through the probate court, and figuring that out as one of many reasons you probably will want an attorney, spouse and surviving children would equally share assets, although he gets at least 1/3. Spouse is also  entitled to one year's financial support paid by the estate "off the top," and also entitled to all the personal property in the house etc.    ... Read More

You do not write whether the Will has been submitting for probate (proving) but from your description it appears that it has.  You do not write whether you are the executor but from your description it appears that you are not.  If you are not the executor but are a beneficiary, you are not entitled to information for some time, generally over a year.  This gives the executor time to pay bills and file the final tax return.  At a certain point, if no distribution has been made you may ask for an accounting.... Read More