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We have a family feud over my great grandmother's estate in California. My mom is a beneficiary but didn't know until recently. Her brother and his wife sent me documents to have my mom sign, get notarized and return to him. None of us have spoken to or heard from him for many years until now. My uncle claims he is not, nore and of his siblings Executors of the estate however he and his wife are threatening that my mom will be in a lawsuit if she doesn't sign. Now we have cousin demanding my mom's signature as well but she is not the Executor either. My great aunt is the Executor to my understanding. My mom didn't even want to be involved in any of this fight between 18 family members. How do we find out who the Probate Referee is over the estate and how do we file documents ourselves to bypass untrustworthy relatives?
My sister is the executor of my father’s estate NY and she refuses to talk to my brother and I. It’s not a huge estate so there’s little chance a judge with intercede. There’s also a medical malpractice lawsuit that will fail if my brother is not involved.
We had a horrible situation where somehow the Executors and the Trustees were one of the same and both were 'professionals' (dads accountant and solicitor). I guess dads accountant offered this as a good idea to avoid tax, where his children were not named as executors to it easier to avoid disclosure by the executors. What it has ultimately meant is that they are accountable to no-one other than themselves and we wonder where assets were tucked to come up with such a remarkable low value of the estate. Yes, the tax has been very low as a result of the low value of the estate but consequently so has been our share of the estate. It has been a nightmare trying to get accountability and the accountants firm and regulatory body are all protecting him rather than asking him to be transparent to set our mind at ease. This is in the UK by the way and years later, but here I am still trying to work out how to ensure that corruption/fraud has not taken place. Yet everyone has closed ranks around the accountant/professionals and when we ask for transparency, they ask us to prove why we are asking!!
@@iamthatiam5160 What do you mean? Interesting comment, please expand. btw, the police are involved now and they are the first people in this long matter that we dont feel patronised or gaslighted by.
My dad passed 3 years ago with no will. I was appointed executer by court. His house had a mortgage and the bank hired a lawyer. I hired a realtor and we just closed on house last week. The lawyer took the remaining money put in his trust and mislead me and been rude the entire time. All debts have been paid. Now he states i have to hire him by the hour to get the rest. Or hire another lawyer or do myself. He will not tell me what's involved etc. Help please what do i do next?
sassyvtmom2009 that’s terrible!! You did all the work getting the house ready to sell and his lawyer put the money credit in his trust eh? Google usc codes and see what pertains .
Sue your lawyer for 1,000,000 for taking advantage of your house your dad left you.being a hard time then sue banks to cuze you have a grace period .and if there aint then you be the one to make it a new law for humanitiy fucken greedy bank better be more under standing .or they will be sent back to eurupe and be band in the usa .huh! Sounds good .
Trust or not, that money is taxable as soon as he pocketer it from a commercial sale. Gather your paper trail and call the irs on how best to File the complaint against the lawyer with the irs CID, they will audit everything in his name watch his house get flipped upside down, and get the reward with a 3949a.
You need to consult with an attorney. In the interview, Michael Desmarais says you may have to petition to be the administrator of the estate. That usually gets the named executor into action.
I am afraid my sister will put the property solely in her name. My mom had it in a Living trust and recently my sister had her put in her name. How can I be sure that the property is divided up between each sibling as she stated in the trust? I suspect my sister did not do this or will not do this. what can I do to make sure my sister does not take over the property and leave the 3 siblings with nothing?
My name is Kimberly Vallien and recently I've become apart of an estate (named a heir). My question is do I have a right to know how much this estate is worth
Yes, you do and if professional executors are involved dont take their patronising crap (apologies to the few good, decent ones out there). In the UK you can apply to the Probate Courts for the Will, and an Inventory and Account of the estate and it doesn't cost anything.
My sister is executor refuses give me a copy of will. My mom passed jan 2019 It's end of June now 2019My mom left us the house. 50/50. She has not filed probate and put the house in her name Only. What can i do. She refuses to talk to me
I'm sorry for your loss. You need to consult with a estate lawyer in the county your mom lived in. If it's Santa Clara County, Michael Desmarais is a good choice. If you need a referral, look up the bar association for your county online.
In a case where a fraudulent Trust was created through Undue Influence & Lack of Capacity: Let's say the document is determined to be VOID by the court and the valid pre-existing Trust is accepted as the correct one. How do the beneficiaries collect their inheritance? Does the probate judge order the stolen assets to be returned and distributed according to its terms? How does that work.
The inheritance should be managed and possibly distributed according to the terms of the pre-existing trust. If you know who the trustee is, you should contact him or her. You might need to hire a lawyer if the trustee isn't responsive.
My mother died In Philadelphia, PA on 01/01/1986 and left seven of her children on her will leaving 10 1/2 acres of land located in Sumter, SC. My oldest sister was made executrix of the will. She has never made an attempt to divide the property and continuously ask for money for taxes on the land. What can I do to make her divide the property and only be accountable for taxes for my share of the property?
You need to see a lawyer that deals with estates and trusts. I suggest that you find one located in Philadelphia. You can get a referral from the Philadelphia bar association.
My mother passed and my grandparents place my sister as in my mom's place as beneficiary to the family trust. My grandparents are now deceased, are my sister and I entitled to see and have copies of all accounts, policies, death certificates and so on?
I recommend that you hire an attorney to help with your questions. If you need a referral, contact your local bar association. The answer can vary from state to state. Usually the beneficiaries don't get copies of death certificates, but they are public records that you should be able to get at the County Recorder's office or the local Department of Public Health. Beneficiaries of life insurance policies should be entitled to see them.
My father wrote a will referencing a trust he and my mother created and funded. He died. My mother became trustee and I am a beneficiary. My mother is not speaking to me. I asked for but did not receive a copy and accounting of the trust. What should I do?
You're going to have to consult with an attorney who specializes in estate and trust litigation for your parents' community. If you need a referral, contact the local bar association. Most trusts created by husbands and wives give the benefits of the trust property to the surviving spouse during their lifetime, so you probably won't get a current benefit from this exercise. If you're located in Santa Clara County, you can try to consult with Michael Desmarais.
what if the trustee has been willed 3/4 of everything and the kids only get 1/4 and the trust wont tell how much money in the trust and no one know where the trust is
I'm sorry. You need to consult with an attorney. It would be helpful to know who the trustee is and where the trustee is located. In California, trustees are required to account to beneficiaries when requested. The rules vary by state.
In the UK you can apply to the Probate Courts for account and inventory - it costs nothing other than the cost of signing an oath £5 for me. It took me 11 years to find this out. No lawyer told me ofcourse! I hope it is the same for you.
Got a question..... my father and my aunt were left a home in NY by their mother. My aunt has taken care of all outstanding bills. The will specifically says she is to distribute money equally between the two of them. In the past 9 years she has sent him nothing. What can he do to? He's getting up in age and doesn't have the energy to fight her, nor does he have the money. Is there something he can file to get her to do what the will says?
+Tony Littles Robert Temmerman answers: Assuming the decedent was a resident of NY, then NY law will control the disposition of their mother's estate and you should consult with NY legal counsel in the county where mother resided. Generally, state law will give beneficiaries of an estate rights that they can enforce including the right to seek an accounting from the aunt, a report of your aunts actions as the personal representative, and can seek a surcharge action against her if she has totally failed to administer the will in accordance with the decedent's directions.
The assets from my father's estate have been fairly well distributed, but I'm missing something called SEI Government Fund SEOXX. Is there a reason these funds "take longer to distribute" and/or have not been distributed to my brokerage account yet? As I said, we are winding down to the last pieces. Who can I contact to resolve this? I believe I've called the proper entities, and neither has explained effectively. This is a hard time. I want to end this part of the grieving and Estate processing.
I'm sorry for this inconvenience. I would need more details to help. You should contact the trustee or executor. That is the person responsible for this. If you are the executor or trustee, you should contact the custodian for the securities -- usually a brokerage company.
Hi, so we finally received the money from my dad last April when he passed away 12 years ago... this person in charge of that money is not telling anything or sharing information with me. The only other person who knew was my sister who told me recently... she was told to keep that a secret about it but got angry when she was told to do that. This person keeps making these dodgy questions every time we ask. I'm kinda dumb when it comes to things like this.. I don't have a lawyer and I doubt I can afford one. I really know what's the first thing I should do. I live in Illinois if that makes a difference..
I'm sorry. I can't give you legal advice and the rules in Illinois may be different than those in California. Try calling your local bar association for a referral. Some lawyers do pro-bono (free) work when people can't afford one.
The problem with obtaining a lawyer is that one must give up one’s rights. We all must learn jurisprudence as the BAR is the British Accreditation something... and you don’t need a license to practice law. There is no license to practice law actually, the lawyers just pass the BAR. It’s a lot of subversion, obfuscation, witchcraft switchery and is all about commerce/ making money on other people’s ignorance of rights. So much to learn ...best to study and learn more of the usc codes and read the notes to see that all title 15 are all negative law and are prima facie and all struck down!
hello I need some legal advise my father passed away from cancer on Monday my aunt who he lived with his sister is taking control of everything there is several thousands in his bank account and there is a Manulife financial death insurance fund. what if anything am I entitled to? I am his only son and there is a will that my aunt will not show me any help in this situation will be greatly appreciated. We are located in Ontario Canada
+TOPROLLER101 You need to see an attorney to get that question answered. If you need a referral in Santa Clara County, you can contact Michael Gray at (408) 918-3161. If you live elsewhere, your local bar association may be able to help.
Generally, yes. Social security benefits can be reduced when the recipient is under age 65 and receives earned income, like wages or self-employment income. Income from a trust usually isn't self-employment income.
Of course the purpose of a no contest will is to discourage contesting. This is actually a complex legal area and I'm not an attorney. A court might decide not to enforce the no contest clause for a reason like undue influence or elder abuse. If the beneficiary has a significant bequest under the will or trust, the beneficiary could risk losing the bequest by contesting the will or trust. Beyond that, consult with your own legal counsel.
When & how does the Executor ( who is also a beneficiary ) get paid? The Executor of my Mother’s Will is saying all legal/court costs as well as the Bail Bond, Death Notice, Closing of the Estate, Property Taxes, Income Taxes will be divided & paid by the beneficiaries. Are these obligations of the beneficiaries or do these come out of the estate once probate is complete?
The executor generally pays these items from assets of the estate. If the estate is illiquid (say, just your mother's home) and the asset(s) aren't being sold, the beneficiaries might have to pay the expenses. It could be you and the other beneficiaries should meet with the executor and the lawyer for the estate to discuss this and make some tough decisions about whether or not to sell assets to pay expenses.
financialinsiderweek thank you so much for your reply! I do greatly appreciate this! As far as I am aware, I have only been told but have not seen the Will, my Mothers house 🏠 is the only thing written in the Will. Honestly me & my siblings do not communicate very well at all. They reside in the house where as I do not. I am considering to seek an attorney in my area once I am given a copy of the Will to have them explain the legal proceedings & advise me on my choices/options.
You're welcome. Sorry about your family situation. Getting your own attorney is probably a good idea in your case. Your siblings probably want to keep the house, since they are living in it. I think you should negotiate a buyout of your share.
According to a lot of information videos, all caps is not how we spell our name. A corporation is a dead entity and all of our names on bills, ssn cards, credit cards etc. have all been capitalized as corpse orations.
You can't believe everything you see on the internet. Charlatans try to scare people into parting with their money, and conspiracy theorists use fear and curiosity to get clicks on their videos. If you are still concerned about the validity of your birth certificate, call your county office and ask what their policy is regarding capitalization.
what if you have a ee bond and you have a paper receipt and you not the beneficiary how do you find out what that paper receipt does that mean you sold the Bond
Usually the United States Treasury will issue a 1099-INT form to the individual or entity who received the interest. If you received one in error, you should contact them to have it corrected. They will want an explanation about what happened for the title to be in error.
Hello I know it has been awhile since this video was done, so I am hoping you get this. My situation is my X-husband when we were still married retired from the military and at that time he/we decided not to put me on the military retirement instead he got a life insurance policy that named me as beneficiary 100%, this was put in place for me in the case he dies to help me to be able to live. We got divorced in 2000, but have continuously lived together as a married couple. His military pay shows married and that I am the beneficiary 100%. Also it shows on his taxes married the last year I gave been taking care of him because he was very sick. Well unfortunately he has passed away so I notified the insurance and they sent me a letter askeding for the divorce decree. There was no Will or anything in place. The insurance guy says that because we are not legally married I will not get the money that was set up specifically for me. How can that be and what can I do? for me
I have passed your question on to Michael Desmarais. Do you have the life insurance policy? Try going directly to the life insurance company to confirm what the life insurance person told you.
Yes I do have the original life insurance policy which the insurance company asked me to send to them along with the death certificate. That is who told me this.
@@tamaramilke2761 You might take the policy to a lawyer for a second opinion. I'm sorry, but I'm afraid you might not qualify for the benefit. In hindsight, you should have sought estate planning advice and remarried while your ex-husband was still living, but that's academic.
The Trustee holding our trust died. Days after the Trustees death there were checks written on the Trust Bank Account by their family. Normally The Trustee would've had a right to the money. The family said the Trustee wrote and dated the checks preemptively to pay her bills after her death? Should I challenge checks dated and cashed after the Trustees death to recover the Money intended for us?
There should have been a successor trustee named in the trust. That person needs to "take over" and handle this matter, and eventually wind up the trust. You say the trustee would "normally have a right to the money." It sounds like the trustee might have had a legitimate claim for payment. If that's the case, this could be a "no harm, no foul" situation. The trustee's family members should not be writing checks from the trust account unless they (or one of them) is the successor trustee. You might need to consult with a local estate and trust attorney to help you if these people don't cooperate.
me a gift of 50000 dollars and s,it is to creat balancstucture stated that my sister has soul descfuction as to how it be given to me she put it in annitiy and she is the owner and her huband is the benificuery so if she dies he gets my money can she do that
Your questions isn't clearly written. Who made the gift? Was it an inheritance, or is the person who made the gift still living? Is this something you can settle in your family?
Your best bet may be to ask the trustee who is the attorney for the trust and talk to the trustee. You might need to consult with an attorney that you choose that specializes in trusts. If you need a referral, contact your local bar association.
@@financialinsiderweekly The trustee isn't an attorney and has shown to not be trustworthy. I (the beneficiary) no longer lives in the same state where the special needs trust was formed. I'm unable to find any information on my rights and the trustee (my mother) isn't willing to give me any information. I'm unsure where I can find out what my rights are and are not conserving the special needs trust.
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