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Everything posted by knort4

  1. She most likely was referring to the trust tax return.
  2. It's very important to mention what state this occurred in, so that state law can be checked. When you asked for statements was that a verbal request or a written request? What type of statements do you want: bank account documents or accounting statements? This lawyer's failure to file taxes and provide statements borders on breach of fiduciary duty. You need to retain the services of a new special needs trust attorney so that you can then fire the other one, and let the new attorney give you guidelines on how to do that. And you can also consider filing a complaint against the former attorney with the state bar association, but whether they will penalize her is debatable.
  3. Do an online search on a search engine on "Florida probate law" and you can do extensive research on your own personal time.
  4. Is this property truly worth the money you would pay in settlement or would you be better off finding a different property? The fact that you were told that the debt is too old to be legally collected means that the statute of limitations has passed in your state and you should not make any type of payment on this until you have decided if you in fact do want the property, and you or your representative can negotiate to pay a lesser amount than what they are even asking for.
  5. How much of a refund are you requesting? Is their refund policy stated anywhere on a sign in their store, or in any agreement you may have signed with them or on a receipt, or stated on their website? I'm guessing probably not. Could you politely ask the shop to ask the designer to send a replacement dress? You can not honestly blame them for your weight loss. Put the dress up for sale online so that at least you can get some of your money back, and then go out and find another dress that you will be much happier with.
  6. Most likely no Arizona lawyers are visiting this message board. The personal representative of this estate, if the assets are simple and if it is qualifies to be considered as a smaller estate (assets under $75,000.00) will probably earn an estimated $3,600.00 which is deducted from the estate account. If you have a job, you can afford to pay for an hour's consultation time with a local probate attorney to ENSURE that your forms have been done correctly. Any unintentional errors will only delay and foul up the process. Probate is not a do-it-yourself project, especially when title to property is involved. Did your father have a last will and testament and was it ever probated in court or was there no probate at all? You should be getting your probate forms from the county courthouse.
  7. The rights to this piece of property have never come up in any of the subsequent divorce proceedings? Have there been any intestate probate proceedings (meaning without a will) ever been done for his estate at the county courthouse?
  8. Contact the local library of the city where he lives to ask if they can find an obituary notice for him, or look up his name online and see if the obituary comes up. Contact the county courthouse probate court to ask if he has a probate file and order copies of the probate file be sent to you by ail, so you will have an understanding of how his estate was handled and also find out the names and addresses of his heirs/family/beneficiaries who you can contact for more information.
  9. The wife (if there is one) or the mother needs to contact each mutual fund company to ask if he filled out a beneficiary designation form for the mutual fund account. His wife may be the person who could look for his bank statements at his home or ask for copies of them at the bank. If he did designate a beneficiary, then that beneficiary gets the money. It is also possible that there may be rules/regulations that specify a surviving spouse receives a certain portion of this money. A beneficiary designation will always take priority, and will apply no matter what the will says.
  10. So sorry for your loss. Have you checked with the bank to see how the bank account was titled, or find out if he filled out a beneficiary designation card? They probably won't release that information to anyone except the executor of his estate. Has anyone submitted the will to probate court yet? Where is the will? Have you looked through his personal papers to see if you can find bank statements that would show how the account is titled? Have you talked to an attorney to find out if the will would even be accepted as valid in a Nevada court of law? You need to at least find out from an attorney if the widow has any legal right to any of his assets and if the will could be challenged on that basis. What does his wife have to say about being left out of the will? Do not waste money in expensive attorney fees to try to contest a will that you have no legal basis to win. Write a brief letter to the charity pleading the financial needs of the 2 children and humbly and politely ask them to donate a portion of the proceeds so that you can set up a trust account for the children. Due to the tragedy of this death, they may sympathize with your family and make the donation. But please realize that the money is theirs to do with as they please and that they are not obligated to do anything for your family.
  11. There may not be enough money in the estate to pay the mortgages, and there are probably other debts to pay first
  12. Do a search online for "California landlord/tenant law" or "California eviction law" and you may find your answer there. Also look at the court website for your county and see if there are guidelines there. Depending on how much rent you owe and on what previous notices you have been served with by the landlord, you should not count on having more than 2 weeks to leave your current residence. Was your name added to the lease or did you just have an informatoin verbal agreement with the roommate for you to pay your rent on a monthly basis?
  13. Your answers will help us understand your situation a little better, so as to better advise you. No one at this website will give you specific guidance on how to format a response or what forms touse, which you might find online or at the surrogate court website.
  14. What is the value of this estate? What is the value of the items the executrix has made "deals" for? Do you have a record of the inventory or assets to prove your allegations? Was the executrix required to post a bond or was bond specifically exempted/not required? Don't you think it's time to consult with a New York probate attorney for proper guidance and stratety on what you should do to win your case or ask the attorney to help you win it?
  15. Also consider contacting the insurance company to let them know about this.
  16. What state is this? Was an executor's bond posted for this estate or was bond exempted?
  17. knort4


    How much is the refund you are expecting? It will be easier if you go online and sell the gift cards you have and you will probably get 80% of the value of what they are worth. It doesn't make sense to continue dealing with a company that is not cooperating with you.
  18. You may want to discuss this with an employment labor law attorney in your local area. " The only way you will have a basis to sue due to a bad reference is if the employer making the bad reference makes the comments IN WRITING during the reference checking process, and many persons who make the bad reference comments know this and are not scared enough to want to be careful about what they say. In future job interviews you will need to be assertive in defending yourself against the comments that are made about you: "Yes, I did sue my former employer FOR CAUSE--there was a reason for doing that." That doesn't mean you are likely to do it again. Tell the interviewer he/she should be focused on your experience and qualifications and the benefits you can bring to the position. Are there co-workers at your previous company who would be willing to give you positive letters of reference? How long did you work for this company? You do realize that in most states, employees can be fired at will and they can use any excuse at all (true or untrue) to dismiss someone.
  19. Seems like it is almost impossible to get the information you are looking for. If you could research prior bank statements of your mother's to see if perhaps she was making monthly premium payments to an insurance company, that might be a clue, but the bank will normally not let anyone have access to those except the executor. Talk to a private investigator to see if they could find for you a copy of your mother's credit report to look at the history of the companies who made inquiries to the credit bureau about her account history, to see if any insurance companies are listed there.'' If there is an insurance policy, I'd be willing to bet that sister submitted a fraudulent change of beneficiary designation form.
  20. Please post your question on the tax law message board.
  21. Do you live near or in the same city or county where your father lived or do you live some distance away? The fact that your son did not communicate with you about this estate is problematic and it should have been a red flag to you back then. The fact that he was named as a "personal representative" is an indication that a will was not presented to the probate court. If they had submitted a will, he would have been called an "executor". If the will had been presented to court, as a potential beneficiary was was named in the will, you would have been sent notice by mail that probate proceedings were taking place. But I'm guessing that you never attended any of the probate court hearings because you either didn't know about them or maybe you lived too far away to be able to attend. Did you ever see the will? Do you know who had the will at the time of your father's death? Do you know the names of anyone who witnessed his signing or the name of the attorney who helped him write the will? It looks like they conspired to destroy the will so that instead, intestate probate law would be used, in an attempt to deny you from inheriting. If possible, you should visit the county courthouse probate department look at the entire probate file yourself to see exactly how the estate was handled, and check to see if an executor's bond or personal representative's bond was posted in regards to this estate. It is probably too late for anything to be done, but you can talk to an attorney to make sure that this is the case and to get your other questions answered. Ask the attorney if you have anything to pursue if there was a bond posted, and also if you can file charges against anyone for theft of an estate. I'm sorry, but it looks like you have been cheated. Off Notify me of replies Submit Reply
  22. What year was his will submitted to probate court? After you received nothing, what steps did you take in 2010 (or after probate was finished) to find out how his estate was handled? Have you ever checked with the banks to see how much money was in his accounts in 2010 and whether those accounts designated anyone as beneficiary or if no beneficiary was on the account at all? Did his wives receive any financial settlement or alimony that was awarded by the court? Did your son explain to you how the estate was handled? Did your son have the assistance of a probate attorney when he was handling this estate?
  23. You said that the check for out-of-network coverage was sent to the woman at her address. while she was alive. Who would have been the payee on that check--the provider or the woman? Maybe her father could contact the insurance company and ask them if they want him to return the check so they can re-issue it to the provider, or would he want to contact the provider to send the provider a copy of the check and then ask the provider to contact the insurance company to ask them to reissue it to the provider?
  24. What state did the death occur in and how much is the check? The check is an asset of the estate only and there is no shortcut to cashing it. Find out (by doing an online search) what the executor fee is for your state (probably a certain small percentage) and then hire the services of a probate attorney to handle this for you. After the estate is opened, a notice will be published in a local newspaper about the estate being opened and if the creditors see it, the creditors can file a claim to be paid. You just might "get lucky" if the business who did the transport may not see the notice and may not file a claim to be paid. Do NOT contact a collection agency about the unpaid bill unless you or your attorney wants to negotiate reducing the amount of the bill. Reimbursement for the funeral expenses is most likely possible. You can discuss your options with an attorney before you decide whether you want to open probate or not. I somehow think that you (or whoever the beneficiaries are) will end up with a few thousand dollars after the creditors are paid.
  25. Just be patient and you will be notified by mail in due time. You should give the potential executor and/or trustee time to manage the affairs (gather assets, file necessary forms, etc.) and also give that person time to grieve the recent loss of the decedent.
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