Trusts Legal Questions

If you are the trustee, then you have a fiduciary duty to act in the best interest of all of the beneficiaries and to keep invest the trust assets.  Discuss with the beneficiaires, but it isn't always possible to keep everyone happy.  At the end of the day, the trustee is in charge and must exercise his or her discretion in doing what's best for all of the beneficiaries.  Start with a conversation with all the beneficiaries and then act in accordance with your responsibilities.... Read More

There isn't a letter to send out to creditors.  There is a trust claims procedure that is filed with the probate court.  Then notice is given to creditors and published in the newspaper.  Creditors have 120 days to file a creditor claim with the trustee and the probate court.  The trustee would accept or reject any creditor claims.  Additionally, the trustee can negotiate the balance to pay off of any creditor claims.  Contact an attorney for a full consultation.... Read More

There are a long list of responsibilities of a trustee, and there isn't a one-size-fits-all checklist that can help with all trusts.  Each trust will have the same duties, but the trust instrument may require additional duties or subtrusts.  Trust administration would include reviewing the trust, notice to beneficiaries, filings with the tax assessor, notification to Medi-Cal, tax returns, creditor payments, and distribution to beneficiaries.  But trust administration may also include fiilng petitions with the Probate Court.  Best thing to do is to call or email an attorney for a full consultation.... Read More

You obtain a short certificate from your local Register of Wills.  They'll charge you a small fee.  you probably will need a few because you are typcially require to provide one to banks and other companies from whom you are seeking information about your Aunt's Estate.  you have all the normal questions that come with Estate admin.  I doubt anyone will be willing to walk you through the process step-by-step without compensation.  I'd suggest that you retain an attorney to assist you with the process.  There are important deadlines and requirements that must be met or you will cost the estate and beneficiaries substantial money and put yourself at risk.... Read More

Without knowing anything about your case and the parties, it is impossible to estimate the cost of litigation. The more you both fight, the more it will cost and the less money you both will haev. On average, I usually estimate $2,000 to $4,000 per month for litigation. Some months less, some months more.  So for a case that will go on for two years, that would be $48,000 to $96,000. Court statistics show that fewer than 3% of cases go to trial.... Read More

It depends on the debts, the assets, and the beneficiaries.  Yes, you can negotiate a lower pay-off of the debts.  However, if there are unpaid debts, the trustee may be personally liable and the beneficiaries may take their inheritance subject to the decedent's debts. There is a trust claims procedure with the probate court.  Best thing to do is hire an attorney for trust administration.... Read More

It's hard to say what to do without more information. First, you should determine if your mother had a will, then gather information about her assets. You may want to bring a peititon in probate to administer her estate. Or, her assets may not require a probate proceeding.  Contact an attorney in your area for a full consultation.... Read More

Leaving you out of a will, family member or not, is not a basis for contesting a will. You have to have some kind of legal basis for doing it such as undue influence, incomptency of testator, etc. Also you have to have standing, that is if the will is struck down that you would then inherit. Consult with an attorney in your county for any additional questions.... Read More

You would need to first open a probate estate in the county/state  where your parents lived. Call me on my cell phone (615-646-9417) if the county they lived is in Tennessee and I will be glad to work with you. If they lived in another state but owned the land in Tennessee, then you would need to first hire an attorney in the county and state where they lived to open a probate estate.... Read More

If your son is being represented by an attorney appointed by a court, and if your brother is the executor of your father's estate, and if your father's Will is leaving something directly to your son (which appears from your question to be the case), then your brother was required to deal with your son's attorney, not with you. You are not your son's representative. Your brother only needs to discuss your interests with you, not your son's interests. As Executor, he is required to deal fairly and honestly with the beneficiaries; if a beneficiary is represented by an attorney, that generally includes communicating with the beneficiary's attorney. That being said, as an heir of your father and (maybe?) a beneficiary under his Will, you are also entitled to your own attorney. You may find it helpful to consult your own attorney in order to get a better idea of your rights and interests with regard to your father's estate and your brother's role as Executor and the related duties he has. Best wishes to you.... Read More

So I do see a question there.  It is highly unusual for a judge to take under advisement whom the heirs at law are.  But I am not sure that that is the issue as you are not very specific on what your inquiry is.  Are you represented by an attorney?  What little you have said makes it very clear you need representation and that attorney can likely get he case moved forward or at least explain to you why it is not moving. Good luck to you sir. ... Read More

It's difficult to say without further information.  If there was a will or trust, you would be entitled to see a copy.  You're probably going to end up in litigation.  I would suggest that you call or email an attorney and give all of the facts of the case.  That way, you could get an answer to your question.  Contact an attorney for a full consultation.... Read More

The trustee has a fiduciary duty to inform the beneficiaries of the activities of the trust and to give an accounting of the assets of the trust.  Call or email an attorney to write a demand letter to to the trustee.  If she doesn't comply, then you would be filing a petition with the probate court to compel the trustee to give information and account or to remove the trustee.... Read More