Admin

How competitive are you at different Law Schools?

Enter your LSAT and GPA scores and find out!
GPA: out of 4.0
LSAT: out of 180
Legal Forums arrow Legal Forums
Legal Forums
Welcome, Guest
Please Login or Register.    Lost Password?
parents estate (1 viewing) (1) Guest
Go to bottom Post Reply Favoured: 0
TOPIC: parents estate
#5682
bobperry (User)
Fresh Boarder
Posts: 5
graphgraph
User Offline
parents estate 1 Year, 11 Months ago Karma: 0  
I'm in bad need of advice....all help is appreciated.... My father passed on 8/15/09....aprox. value of estate was 800-900K....My sister claims he changed the will that was in place upon my mother's death..( 2006) ..( estate was to be divided into 3rds....2 sisters plus myself ) she says he formed a trust leaving everything to her and sister....I found evidence of trust involving his primary residence....but register of deeds shows no activity on 2nd piece of property ( worth 500K ) my mother was sole owner on 2nd piece until she signed QC deed in 2001 to him..as joint owners....nothing else shows on deed today..both owners listed are deceased......If that propertys in a trust, should records reflect that????...is that trust public record??? she has refused to show proof of trust ....if trust is in place, does it have to list all assets????
thank you for the help....
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#5683
tbm1231 (User)
Expert Boarder
Posts: 95
graphgraph
User Offline
Re:parents estate 1 Year, 11 Months ago Karma: 0  
Living trusts are not recorded...usually. Most probate courts do not register trusts. Regarding the deed. Sometime a deed is prepared and signed, but not recorded until after death. So, dont be surprised if you find that a deed was recorded after death.
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#5686
Miami LS (User)
Gold Boarder
Posts: 181
graphgraph
User Offline
Re:parents estate 1 Year, 11 Months ago Karma: 0  
Most revocable living trusts are also accompanied by a will. This is common among preparing a complete estate plan. The will controls any probate assets. Question, is mother still living? If she predeceased father, then the second parcel (2001 QCD) is a probate asset and 100% would be in father probate estate. If father's estate plan included a will, then check to see how the will directed property. If all the property is to be distributed in the same manner as the trust, then your sisters would take and you would be SOL.

Was there any undue influence? Duress? Forgery/fraud by your sisters?
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#5693
bobperry (User)
Fresh Boarder
Posts: 5
graphgraph
User Offline
Re:parents estate 1 Year, 11 Months ago Karma: 0  
Thanks for the response....My first problem is no ones produced any documents....my sister says theres a trust....as of yet, no proof....Is a trust public record?? I know who his attorney was....Is she obligate to provide me with copy of trust....if I'm mentioned in trust....shouldn't they have contacted me....
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#5694
bobperry (User)
Fresh Boarder
Posts: 5
graphgraph
User Offline
Re:parents estate 1 Year, 11 Months ago Karma: 0  
Thanks for the response....My first problem is no ones produced any documents....my sister says theres a trust....as of yet, no proof....Is a trust public record?? I know who his attorney was....Is she obligate to provide me with copy of trust....if I'm mentioned in trust....shouldn't they have contacted me....I know from passed experence, she can't be trusted
thanks
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
#6417
varadarajan (User)
Fresh Boarder
Posts: 2
graphgraph
User Offline
Re:parents estate 1 Year, 6 Months ago Karma: 0  
Under US law, debt can't be inherited. Any debt above the value of the estate dies with the debtor. That said, the heirs MAY chose to pay some of the debts in order to retain an equal value in assets.

_______________

seo | link building
 
Report to moderator   Logged Logged  
  The administrator has disabled public write access.
Go to top Post Reply
Powered by FireBoardget the latest posts directly to your desktop

LegalNut Resources

Attorney jobs listings and sites with attorney salary information, attorney job search functions, and salaries by law firm.

Law school rankings show how competitive your lsat scores would be at top law schools in the US.

Law school admissions advice is available both at the LSAT forum and throughout the pre-law section, including LSAT prep options, law school personal statement help, LSAT score distributions and law school bar exam pass rates.

Copyright © 2006 - 2012 Rochester Ideas, LLC. All rights reserved.