Does my mother, as an heir, have a right to sell land that belonged to her mother?
My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what […]
Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?
Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the […]
Will my children get my inheritance from my father if I die before him?
My father has a will. His will states when he passes, my two siblings and I will each get an equal share of his money. He does not mention anything about his grandchildren or what would happen if one of his children passes before he does. If I pass before my dad, when he passes […]
How do I find out if I was removed has beneficiary on my mother’s traditional IRA plan?
Did my sister remove me as a beneficiary from my mother’s traditional IRA plan in Florida right before my mom passed? Sis had POA over mom that would make my sis primary beneficiary. ANSWER BY MARGARET CROSS-BELIVEAU: If you call the company that is holding the funds and it won’t speak with you, then you […]
Would backdated pension payments be exempt from probate?
The pension company sent a letter stating that my relative’s estate is owed payments dating back to 2018. His only creditors are from the hospital stay prior to death. Do these funds need to be listed as an asset and go through probate? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, the funds would go through probate. Follow […]
Dead relative no will but owned property?
A close relative of mines passed away. There was a property in their name. Unfortunately, my name wasn’t added to the deed before the person passed away. I am wondering if probate court would be simple since the person did not owe any debt, no kids, no spouse and nobody in the family wants anything […]
Do I have the same rights as my husband on life estate?
My husband died. His brother’s name on deed for life estate. Do I have the same rights? ANSWER BY MARGARET CROSS-BELIVEAU: A life estate grants the life tenant the right to live in the property for his lifetime. The other owner of the property is called the remainderman because he gets the remainder. Once the […]
Is it okay to name a revocable trust as beneficiary of a bank account if the bank does not allow trusts to own accounts?
Many online-only banks offer higher interest rates for online savings accounts but I found that most of these banks do not allow accounts to be owned by a trust. If I list my trust as beneficiary, is it just as good as having the trust own the account? ANSWER BY MARGARET CROSS-BELIVEAU: Naming the trust […]
A lady my mom trusted, mom passed 2018, to date no payments. How do I get land back?
I just would like to get my land back now. No improvements, it’s basically abandoned. What can I do to get title into my name? ANSWER BY MARGARET CROSS-BELIVEAU: The debt owed to your mother is now owned by your mother’s estate. You will need to consult with a Florida litigation attorney. (I am assuming […]
If 2 parties were named trustees of an irrevocable trust, do we apply for the EIN with 2 responsible parties?
My parents set up an irrevocable trust with my brother and I as Trustees. We have to open a trust bank account and therefore need to apply for and EIN to open the account. Does the application for EIN allow for designation of 2 trustee and both social security numbers? We only need the EIN […]