Questions & Answers

What do I do if my husband was expecting an inheritance from his mother and then he passed away?

My husband was expecting that an inheritance from his mother that passed away the previous year, but now my husband has passed away. So what happens with that inheritance? Does it go to me? Does it go to my daughter? How does that work? ANSWER BY MARGARET CROSS-BELIVEAU: Ahh, the dreaded probate with a probate. Your mother-in-law’s will might have a survivorship clause whereby the beneficiaries must survive her by a certain amount of time. Typically,

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 deed currently is by default? Does a TIC allow my son to get 50%? Is there some way to make sure

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 are our options? My mom has the original deed to the property and paid property taxes for three years after she

Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?

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 will my share of the inheritance from him pass down to my children (my will states everything goes to my children)

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 aren’t the beneficiary. Your sister had a fiduciary duty to your mother to handle her assets in her best interest and

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 us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

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 to do with the property other than me so it will not be contested. ANSWER BY MARGARET CROSS-BELIVEAU: Probate is never

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 life tenant dies, the remainderman becomes a full owner of the property. If a remainderman owns the property in his own

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 as a beneficiary is a way to fund the trust at your death, thus avoiding probate. There is one drawback. As

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Questions & Answers

What do I do if my husband was expecting an inheritance from his mother and then he passed away?

Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?

Does my mother, as an heir, have a right to sell land that belonged to her mother?

Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?

Will my children get my inheritance from my father if I die before him?

How do I find out if I was removed has beneficiary on my mother’s traditional IRA plan?

Would backdated pension payments be exempt from probate?

Dead relative no will but owned property?

Do I have the same rights as my husband on life estate?

Is it okay to name a revocable trust as beneficiary of a bank account if the bank does not allow trusts to own accounts?

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