My mom and dad had a a/b trust , my mother died and my father took over, and a few years later my dad remarried, my father just passed and made her trustee for my brother and myself, they my dad and motherinlaw had the will changed last year when he was on pills for his dialosis and he had a stroke prior to the changing of the will, he was not in his right mind, she's avoided us completely and has petitioned the trust, to move all of the survivors trust which is now in the exemption trust to the survivors trust saying that my dad intended for it to be there, but was never signed by my dad, and patitioning all of my parents personal stuff, and it says if I challenge her I'm risking everything, any ideas?
Dan, I am sorry but your email is too confusing. It is not clear whether Dad signed a codicil or not, and if he did whether you want to challenge his mental state. You need to hire a lawyer IMMEDIATELY. If your new step mother is petitioning the court, you simply MUST respond with full... read more
If the estate has no assets outside of the house which goes to the surviving spouse and doesn't need to go through probate, do you need to record the Will? If yes, what authority does the Will need to be recorded with?
ASee all Questions & Answers
Generally the answer is ‘no.’ The will is filed as part of probate and if there is no probate you need not file. But there may be local rules that differ. You will need to change title on the house that may require filing of the will with the death certificate with the county when... read more