Claimed Lawyer ProfileQ&AResponsive Law
- Estate Planning
- Business Law
- Tax Law
- Credit Cards Accepted
Jurisdictions Admitted to Practice
- State Bar of Arizona
- U.S. Supreme Court
- Ilene L. McCauley Ltd.
- Hofstra University
- DePaul University
- LL.M. | Masters of Law in Taxation
- State Bar of Arizona
- Wealth Counsel
- Certified Specialist in Tax Law
- Arizona Board of Legal Specialization
Websites & Blogs
- Ilene L. McCauley, Ltd.
23 Questions Answered
- Q. Co-trustee and current beneficiary wants to resign and make me Trustee of Land trust - I'm successor and 2nd beneficiary
- A: I am so sorry for your loss. This sounds like quite a difficult process. I don't want to give you any advice, based upon what you wrote. Here is what I think you need to do: 1. Determine the value of the real estate, and whether or not the real estate is in the trust to determine if it makes sense to move forward. A realtor in that location would be helpful. 2. Determine the value of any liens or mortgages. 3. Set up a consultation with an attorney in the county where the property is located. Send the attorney a copy of the Trust and your family tree before the meeting. Also send copies of the tax bills on the real estate. You and the attorney will then work out the next steps.
- Q. Easiest, least expense way to deal with a $1,800 final disbursement payment made to my deceased fathers estate.
- A: I am so sorry for your loss. Now let me answer your question. If the $1800 dollar account is all there is, then you and your brother probably need to prepare a small estate affidavit. This affidavit will need to be signed and notarized by both of you. Sometimes the financial services company provides one for you. Sometimes you can find it online. Sometimes you need an attorney to prepare it. I recommend you ask the financial services people first.
- Q. Can my two brothers, who are and were living in my father's house stay in the home now that he's passed?
- A: I am so sorry for your loss. Even though this seems like a simple questions it is not. It is actually a very complicated question because the law is very complicated. It is complex in order to make certain that none of the people involved are committing fraud. So, In order to answer your question we will need more information. Your father left a 30 year old will. The will may or may not be valid. In addition, if the will is valid, in order to be useful, the will needs to be admitted to the probate court for approval. Upon approval, Letters of Personal Representative will be issued. With the Letters of Personal Representative, the person who is the Executor, now known as Personal Representative can decide if your brothers can live there. But, that is only if the deed to your father's house is part of the probate estate, and does not pass to anyone else, by joint tenancy or other operation of law. But also there are other facts to think about. I don't know if you and your brothers are the only beneficiaries of your father. If there are other siblings, or a surviving spouse, the decision may have to change. So, that is why you need to contact a probate attorney in your area to help you.
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