I have a question regarding wills and trusts?
115526
Wow... your question is a perfect law school final exam question.\n\nTo be brief, several issues need to be addressed: \n\n1) I am not sure if your 2nd adoptive mother can disown or undo the adoption.  Once it's finalized, it takes a formal divorce to undo that - just like divorcing your own parents.  My guess is that you legally ARE your adoptive father's daughter.  No matter what your step mom says, she cannot change that fact.  Legally still, you and her actually have little or no relationship.  \n\n2) If the adoption stands, you ARE entitled to portions of your dad's estate, even if the will was never updated.  But his divorce and 2nd marriage may complicate the matter a bit.  I am willing to bet that you're entitled to something, but what that something is will be up to the judge to decide.\n\nSo, you'll need to find a good attorney who's willing to take up your case.  This will take a really dedicated attorney to advocate for you.  Try contacting a local law school's trust/will professor, sometimes they'll do this type of interesting case pro bono (free) and students can participate as well.  \n\nOr, ask the state bar for a referral.  Tell them your story and they can refer you someone with the right specialities and experience.  \n\nMy condolences and good luck!
470716
You can only get things online when they have been put online by someone (I guess that is a "no duh" statement).  I seriously doubt someone's (a living person's) will would be online unless they purposely put it there.  Most people keep their wills in a safe deposit box.  It may possibly end up online after they have already passed away if it goes through probate.  Other documents may end up online (like wedding or death certificates) because they are public record at the county clerk's office.  They might be found online if your county images documents and has a website.
1010433
keep in mind that all property passes to the surviving spouse when one spouse dies...unless otherwise specified. Even though there was a will...unless it specifically states a division of assets...you might be entitled to nothing. If the two were divorced, it complicates things if the will was not updated. Also, if you are a minor, you have less control than if not a minor.\n\nHowever...the fact that a will was not shown to you IS curious. Do what the first person said. A will becomes public information. Go get a copy! It will just be a few bucks copying charge and then you'll know....
787909
"Beneficiary question?  I am in Texas and I am named as a beneficiary in my grandfather's will. He also left some accounts for me with a POD.  Are the POD accounts counted in probate or can I get access to them without probate? How do I go about finding out what is mine? How long does my father have to notify me with my grandfather's wishes? Father is very dishonest and I have not had contact with him since I was a child. I do not trust him. I could get an attorney but that is a last resort. Thanks for your time!"\n\nThe quick answer to your question is "Keep track of the probate progress of your grandfather's will and get involved as much as necessary even if that means appearing without an attorney."\n\nGenerally speaking, bank accounts that are held under the Uniform Gift to Minors Act are payable to a beneficiary under operation of law (no through a testamentary process) as a trust account-- at a certain age depending on your local laws (generally 18, 21 or 25 years of age).  Additionally, if the accounts you speak of weren't UGMA but were held jointly-- with your grandfather's name and your name-- then you (or your legal parent or guardian if you're under 18) are generally entitled to access to the account upon that person's death by operation of law since you have a joint interest.  And, of course, trust accounts (that you don't mention specifically) are also exist and are distributed by operation of law.\n\nThat said, probate judges have significant latitude in securing the assets of a deceased person to ensure payments to appearing creditors and to ensure the administrator of an estate can carry out the last wishes of the deceased as articulated in the will.\n\nSince you believe you have a claim to assets now held in your grandfather's name, you should go to the probate proceedings and let the judge know you have that interest and want it to be protected as you believe your father as administrator may not recognize it.  Even where the monies might pass to you by operation of law, your appearance at probate helps to ensure your interests are protected.\n\nYou don't need an attorney to appear and to speak on your own behalf.  But if the monies are significant, having an attorney is probably a good idea.\n\n[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
233467
I'm assuming you are the executor of an estate.  I would advise you hiring an attorney.  If you are an executor, the estate can absorb the costs of legal fees.\n\nIf you are NOT an executor of an estate and this is some property matter, I would still recomend you hiring an attorney.  You will incur the costs, but you can resolve this matter once and for all.\n\nUltimately, you can respond without an attorney, but some of these matters can be rather sticky, so with an attorney you can be sure that you didn't miss anything.\n\nHope that helped!
343364
My father just passed without a will so I've been through something similar.\nIf there is a will then the law is to follow the instructions of the will. It can be contested but that takes time and money.\nIf there is no will then someone has to send a petition to the courts in his, the deceased, state and request to be appointed guardian/executor of the estate. It is easier to have the "permission" of the other siblings so it won't be contested. Once the court approves the petition then his estate, assests thereof, will be used, sold if necessary to pay off any and all debts the person had. What is left after that is divided between the surviving brothers and/or sisters. Children of deceased siblings are not usually included in the division, but can be. Hope this helps.
824783
I believe this maybe the best free website http://www.lawsociety.org.uk/home.law regarding laws on trusts for the United Kingdom.  I hope this helps you out.\n\nGood Luck!!!
830233
"Is there a website that shows all the laws?  I need a website that shows the laws about deeds and people signing the deed over to a family member that is a minor since my brother died when I was twelve and he signed all his money to me when he died so than my uncle got a hold of the money somehow and split it amongst are hole family so we got a small small small % of the money :( Is there a law against this? Don't I have my own right to have the money that my dead brother signed over to me?(25,000) dollars? I am only 14 now and need to get like proof and stuff before I do this."\n\nThere is no quick answer to your question.\n\nSome states maintain websites that show all that state's statutes (laws) and they can be found through sites such as the one I listed below in the sources area.  But it would be very difficult for you to research this issue if you haven't had at least a little bit of legal research training.\n\nFirst of all, the modern use of the word "deed" most often refers to the conveyance of title in real property-- land.  If your brother left you $25,000, then he probably did so through a trust or a will-- not a deed.  That means the actual legal document must have existed and you'll need a copy of that before you do anything else.\n\nYou're right to believe that it's your money (if it was left to you via a legally enforceable means as described), but since you aren't yet of the age of majority (18 years old) some adult was in control of that money once it was left to you-- and still is.  \n\nIf it was left through a will without being tied to a "testamentary trust" then your parents should have taken control of the funds, but if you have none living, it could have been a guardian or an adoptive parent or someone else named by a court.  If the money was left through a trust, then it's a trustee who is guided by the written terms of the trust. \n\nSuch adults have a "fiduciary relationship" with you so they have a duty to keep or use the money only for your benefit.  That means that person can use the money to help support you-- even if you'd like them to put it in the bank so you can get it when you're older.\n\nSo get answers to these questions:\n1.  How, exactly, did your brother leave you the money?  (Get a copy of the legal document.)\n2.  Was your uncle the "administrator" (or "executor" or "personal representative"-- names vary by state) of your brother's estate?\n3.  Is your uncle the trustee of a trust that was created by your brother (or created by a court pursuant to probate of your brother's estate)?\n4.  Have you benefited from any type of support from your uncle?\n\n(Also keep in mind that whoever handled your brother's estate was entitled to take a small fee for doing so-- a fee that could have come out of your $25,000.)\n\nBasically, you need more information before you can decide how to recover your money.\n\n[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]
123156
Where there's a will there's a way. Go to:\n\nhttp://www.monster.com
311221
Your will is a private document that you keep.  There is no public filing or access, certainly not while you are alive.  In fact, most attorneys I know do not even keep a copy.  You and you alone have access to your will.\n\nAfter your death, your will may be probated.  It would be made available to all people who have a concern in your estate (spouse, children, etc.).  However, most people don't bother reading the will.  They just wait for the executor to send them their share.
34971
A will must be processed (probated) at the probate court where the deceased person lived (or owned real estate).  When that is done, a person is assigned to carry out everything within the will.  That person can be a relative or lawyer or whomever the deceased assigned to do it in the will.  The probate court records is where you can get the information you seek as far as a copy of the will and the person or lawyer who is responsible for carrying out everything that is stipulated in the will.\n\nAfter reading the will, you will know what is supposed to be done.  You can also research any court proceedings that have transpired to see what has been done and what was filed with the court so far.  The property within the estate and its value must be filed with the court.  Court personnel will often be very helpful in helping you find what you're looking for or just pointing you in the right direction.  Try to get there at a time when they're not very busy.  For free legal advice, a good source is often the librarian at a nearby law library.  These are generally found at one of your nearby courthouses or at a nearby law school.  You might also consider getting a book at your local bookstore or library on how to probate an estate.  This will teach you the terms you'll need to learn to communicate properly with all the specialized words and learn what is supposed to be done in general by whomever is handling the will.\n\nThen if you find that you don't agree with what is happening as compared to what is supposed to be happening, you will need to speak with a good estate attorney for assistance if you find you can't handle the problem yourself.\n\nGood luck!
34980
That depends.  You can open a simple bank account with a designation ITF (In Trust For), you can do this at your bank.  You can also open up an investment account in your name and then write into your will that should you die, the beneficiary will get the assets.  These 2 ways will allow you to still have some control over the trust assets, because it's not a formal trust -- it's a trust in your mind.\n\nAnother easy way is to just open up some kind of account (bank or investment) in their name.  You're done.\n\nYou can do this with a lawyer but the problem with that is that this may prevent you from ever touching these assets, which most good attorneys don't recommend.  The only reason for you to use an attorney and get what's called an 'Irrevocable Trust' is if there's some reason for you to protect the assets essentially from yourself.
218688
If there are children then yes, each parent should have a seperate will. Everyone has assets, and what to do with them needs to be specifically documented to avoid probate.
1171785
You title as executrix is not a power of attorney to do what you please.  You also have a fiduciary duty to the other heirs.  You cannot sign without their permission.  If you can't get it or they won't then you need to file a court action for dissolution of the property. Which is going to cost the estate even more money since you do have a right to utilizes those funds for that purpose.
232926
What if you die without a will?\n\nAs mentioned above, if you fail to make a will, Georgia's inheritance statute will determine who gets your property. For example, if a husband is survived by his wife and two children, his property is divided equally among them. In addition, the court will appoint an administrator to manage and settle your estate. This cost of administering your estate is often far greater than if you had paid for the cost of a well-prepared will. When there is no will, the administration of an estate is often complex and costly.\n\nWhat are the formal requirements for a will?\n\nA will is the legal declaration of a person's intention for the disposition of his or her property after his or her death. The laws of each state set forth the formal requirements for a legal will. In Georgia:\n\nYou, the maker of the will (called the testator), must be at least 14 years old.\nYou must be of sufficient mind and memory to realize you are making a will disposing of your property.\nThe will must be in writing.\nA valid will must be signed by the testator and witnessed by at least two witnesses in the special manner provided by law. These witnesses should not be persons who are designated to take property under your will.\nIt is necessary to follow exactly the technical formalities required for the execution of a will.\nMay a person dispose of his or her property in any way he or she wishes by a will?\n\nA testator, by his or her will, may make any disposition of his or her property not inconsistent with the laws or contrary to the policy of the state of Georgia. A testator may bequeath his or her entire estate to strangers, to the exclusion of his or her spouse and children. In such cases, however, the spouse on behalf of herself or himself and any minor children, may apply to the court for the part of the deceased's estate sufficient to support him or her and the minor children for 12 months.\n\nWhile any real or personal property may be transferred by a will, there are some particular interests in property which may not be transferred because of the right of the owner terminates automatically upon his or her death. A life estate and property owned in joint tenancy with right of survivorship are two examples.
839890
You must check the original Trust Agreement.  The language should be very specific about what powers the Trustee (your aunt) does and does not have.  If in doubt upon reading the paperwork, consult an attorney.  If she won't offer the paperwork for inspection, consult an attorney.  Good luck.
597322
The trust fund may have contained the entire estate with nothing left for the will.  A probate for your mother should have been opened and thw will submitted for probate even if no assets left for will to dispose of.  If this is the case the probate record is open as a public record at the court house where your mothers estate would have been probated.  Surely you have a copy of the trust agreement?  This should give you the right to audit the trust accounts if you are a beneficiary.  See a lawyer in the county where your mom lived or died won't cost that much to clarify everything for you.  Remember trusts hold the assets for you after death and OUTSIDE of any will.  The will can only take care of those things that are not in the trust.