Do I need a will if I want my daughter to receive all  assets. Her name is on my check acct. IRA and home.?
924890
Were you once married?  Were you married for more than 10 years?  Do you have any living relatives?  In certain states if you die without a will, the state may say that half of your checking account, IRA and home are in your estate.  They may have ways of dividing those halves which may not give all to your daughter.\n\nAlso, with a will, someone who contests will have much less of a chance of winning.\n\nBe certain.  Make a will.
775765
I am sorry to say this but the previous poster is an idiot, You do not need to have a judge order anything. As long as your power of attorney papers were drawn up by an attorney, and state that she can act in the best interests of your daughter and it is notarized, and signed by the attorney the power of attorney is legal in all 50 states.
1076082
Your mother does have a will, it was just written by the state legislature.  Probate court is not really something you can avoid at this point in this case.  You cannot switch the title to your name without going through probate.
231793
I think that you should contact a law office that specializes in Wills, Trusts, and Estates Law and seek a free consultation to see if they may be able to make a case for you or make a referral to what should be the next move. Good Luck...and keep the fire to inquire!
816780
If your father died in 2005 the estate will be exempt for the first 2 million dollars.  You will need to file an estate return which normally requires an attorney and a CPA because they are rather complicated.  Not filing the return will surely complicate things.  If there are taxes due and not liquid assets to make those payment from the estate the estate will need to liquidate some of the assets.  In plain language that means sell some of the property to pay the tax.  The estate can sell it to you or anybody.  If you do nothing the government will take what they think is due.  Generally that is a great deal more than if you file the proper return in a timely manner.
92128
First of all...I am so, so sorry to hear about your mother. \n\nYou don't legally HAVE to send them to anyone...however...if you are the executor of her estate your attorney will need one. \n\nThe banks will each  need one if you want to close out her accounts. \n\nThe irs when you file her taxes. \n\nThe mortgage company.\n\nEach of her creditors would like one. (credit cards, oil companies..etc.)\n\ngood luck and my deepest sympathy.
393440
She can do this, but it may count as a taxable gift since she will have basically deeded over 1/2 interest in the property to you.\nBetter that she puts the property in a trust with her as the trustee and you as beneficiary.  It can then pass to you with no tax consequence and avoid probate.
111503
Some states have a register of wills. Check with your local court house. \n\nSecondly, get an attorney ASAP, if there is no will found. It will need to go through probate, and the sooner you start the quicker you'll get through all the nonsense. Probate would involve all of her unsecured debt being paid off prior to distributing any money to living siblings. All siblings would have to be contacted, and the estated would be divided equauly.
260676
get an attorney quick before he moves funds out and make sure you get the alimony and child support you need
468916
Since you have significant assets you should have a will or a trust that includes the properties.  You should also have term life insurance for both you and your wife.  It would probably be a good idea for you to have enough insurance on your wife to allow you to pay off the loans on the properties.  This will give you the option of owning the properties free & clear if she passes.  It might not be the best use of the money, but you will not worry about having a situation where you will be burdened with the debt if she passes away.\n\nYou should also clean up your credit, so that in the future you will be able to put your assets and loans in both names.
176026
Sorry buddy but you will have to pay it all.  It does not matter how old you child is now. Or even if the new dad is claiming him. All a judge is going to see is that you owe. Just because they may not need the money now they needed it then and did not get it. I know it was hard. It is for most fathers and mothers who have to pay. You can try. But I don't think its gonna go through.
5168
NO...the US Supreme Court ruled several years ago that the prior assets and current income of a parent's spouse (In this case, you) cannot be presumed to be available for the purposes of child support or spousal support, even in states where all income is otherwise considered to be community property and all debts considered to be joint obligations...that means you are not legally on the hook for his kids and his ex wife can't try to get your house...in a nutshell.\nIf you two marry and he stops working or something, they can haul his tail to prison if they have cause to believe that he's willfully avoiding his obligation, but your paycheck cannot be considered in deciding or fulfilling his support order.\nYou will want to consult an attorney specialising in family law about specifics such as whether you should file your taxes jointly or seperately, how a jointly purchased home should be deeded and to draw up a prenuptual agreement about any inheritance you may recieve in the future and MAKE OUT A WILL....Both of you.\n(the Supreme Court ruling left some confusion about the distribution of assets aquired by one party but within the marriage)
418187
Find a lawyer who knows the estate rules in your state and who will not be too expensive. If you call an office in a fancy high-rise office building that takes up 3 floors, you're not going to find one. Look for a lawyer who doesn't spend a lot of money on his office or on big ads in the Yellow Pages. Look for more than one. Or call the local lawyer referral service (in the Yellow Pages) and ask them for an inexpensive lawyer who does wills. They can usually refer you to 2 or 3 and you can decide which one you want to use.\n\nIf you have no children from a previous marriage or relationship, no real estate, and no specific items you want to go to certain persons, or to be put in trust for underage children, you can try one of the will form kits available online or at places like Staples or Borders. I don't recommend them because they don't know your particular situation or the law in your state. You want to wear "one size fits all," go ahead. If it doesn't look good, well, you can always buy another one!
359226
You can get a simple will at 'Staples'.  Make sure that you have it notarized properly with witnesses.  I did my notarization at my bank for no charge.
128809
Sorry about your dad.\n\nIf a person dies without a will (intestate) the distribution of the estate is overseen by the probate court.\n\nBy intestate succession, the remaining estate is distributed to the closest surviving relatives. In most states, that would be the surviving spouse, children, parents, and other siblings, in that order.\n\nIf your mom is still alive, she should get the estate. If she is not, then it should be split between children.\n\nYou probably should consult with a lawyer familiar with estate laws.  You can also get a lot of information on the web, search for "intestate" and "probate" specific to the states involved.
177462
you most certainly want to receive the house after death. you get a stepped up tax basis. you should have your parents set up a living trust to avoid probate.\n\nsee an estate planning attorney.. the tax savings can be very LARGE>
1028793
You are on the right track as well as the other posts.\n\nYour situation presents the exact reason why a consumer needs to work with a professional (insurance pro & lawyer) on these issues.\n\nSetting up a trust as the beneficiary will allow YOU to stipulate the amounts and circumstances under which your daughter (or other beneficiary) receives the money.  If you die before she reaches 18, the trustee can see that she receives the amounts you want (in lieu of child support).  You can also stipulate that the trustee pay for college and put conditions on her perfomance (minimum grade point average) or have her pass a drug test to receive each payment (I hope you don't need that but it happens).\n\nIt is also possible to change the trust beneficiaries after you remarry and possibly have more children.  Most likely, you will want to review and update your insurance and legal documents after you remarry.  Things change all the time.\n\nTalk to a professional.