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Recent Legal Answers
Legally, no. Typically, yes.
The trust governs the trustee's powers, but you can always sue if the trustee is acting badly.
There is no such thing as a "revocable TOD deed". What you should do is based on tax issues and other estate issues not discussed in your post,... Read Answer
The standard will has as its first line that all prior wills are revoked, so just do a new will. You can revoke a will by destroying it or... Read Answer
You can resign with a petition. If everyone consents there is no court hearing and it is not expensive. Or, just deed him the house to... Read Answer
You cannot bring a partition action if your share is derived from an estate and you have no present title. First, you must compel distribution... Read Answer
If they are alive, being a beneficiary of something after they die gives you no present rights. After they die, you can seek records.
Who are you and what is your relationship here. I am unsure what you want to happen and what did happen. However, oral statements can... Read Answer
It depends upon the terms of the trust itself. Probably yes, but if the trust was drafted poorly, it could be no.
As administrator you can bring an eviction proceeding.
A gift rider does not need to be attached or referenced in a POA, as long as the rest of the POA comports with the form.
If you agree that he is still living there, then you need to formally evict him in court. As you have an equal right of possession, I see... Read Answer
Sounds fishy. You are asking the right questions. Ask to see the trust documents.
If you are the only heirs at law, you can do a deed for equal shares without probate.
There are two issues, choice of law and choice of forum. The choice of law stays with the trust language, which is NM. The forum is... Read Answer
Unfortunately, you are going to have to spend a little and get a lawyer to get a lot. The terms of the trust govern.
If literally the same time, your secondary gets the benefit. As to the passing of one beneficiary, the other primary typically gets it but it... Read Answer
Look at the petition filed in the Surrogate's Court.
You cannot just file an executor's deed. An executor is an appointed position by the court. If you are the sole next of kin, you can do a... Read Answer
There is definitely an issue here, but you are right, you do not know how to explain it. Contact a lawyer on the phone to help. Documents... Read Answer
Yes, but do the destruction in front of the witnesses to the new document. We like to do destruction in our office as part of the ceremony of... Read Answer
If your father resided in New York, I can answer your questions. Where was he living when he died?
Call an attorney about setting up a special needs trust or supplemental needs trust. Our office has done dozens of these in these situations.
You need to have the settlement paid to a special needs trust. I am surprised your attorney did not know about this. If the settlement... Read Answer
Unless this is your real relative, this is a scam. Stay away and do not send money or give personal information.