Do mediation papers not filed in court have to be followed?
Dear Ms. Allison: The non-custodial parent and I went to mediation and couldn’t agree on things. My old lawyer and the mediator told me to just the sign papers agreeing to what the non-custodial wanted because a judge would just give the non-custodial what he wanted. Afterwards, I found a new lawyer and asked questions.…
Read MoreCan I rescind a waiver of my position as heir to my husband’s estate?
Dear Ms. Allison: How can we ask the court to revive my position as heir to my deceased husband’s estate? Is this even possible? I signed a waiver so the estate could go directly to three children equally. Now that there is greed – two siblings against one, and I was misinformed about signing the…
Read MoreWhat can I do if my lawyer walked out of my mediation?
Dear Ms. Allison: Is there responsibility to make it up to me if my lawyer walks out of my mediation? My trust was being mediated and we were in the mediation session. My lawyer was negotiating. Then he walked out of the meeting. He had his associate continue, but from that point on, the negotiations…
Read MoreCan the estate administrator represent the estate in a lawsuit instead of a lawyer?
Dear Ms. Allison: There is money owed to the estate I run. As administrator, can I file suit to recover and can I represent estate or do I have to have a lawyer? I am thinking this is like the right to represent yourself in court? This is in North Carolina. Anonymous in Raleigh Dear…
Read MoreCan a Successor Trustee sell or give away property left to the original beneficiary?
Dear Ms. Allison: At first, my mom was trustee over my grandma’s will and estate. After some time of my mom was not upholding her duties as trustee (due to personal problems and sadness and depression). She had to sign over her rights to her sister, my aunt, who then became trustee. In her Will…
Read MoreAre siblings from 1st marriage entitled to estate after 2nd spouse inherits?
Dear Ms. Allison: How can 4 siblings get a copy of our deceased father’s will after leaving everything to his 2nd wife who just died? An adult sibling by his 2nd wife is the executor of their estate. The first 4 siblings are no blood relation to his 2nd wife and were not adopted by…
Read More10 Things to know about Filing Estate and/or Trust Income Tax Returns!
I get many questions about estate taxes, especially after the executor or trustee has struggled through preparing them and found that it is not the “walk in the park” they thought it would be. Filing your own income taxes can be such a headache! But if you became the Executor, Personal Representative or Administrator (aka…
Read MoreIf spouse dies can 2nd wife stay in jointly owned house?
Dear Ms. Allison: I am my husband’s second wife. If my spouse dies and the house is in both of our names and I pay the mortgage on time, can I stay? My husband owned this house with his first wife, who passed 2014. He and I got married last month. Now he is putting…
Read MoreHow to leave my grandson property that can never be sold?
Dear Ms. Allison: How do I leave my grandson some property that has been handed down through generations, but can never be sold. I inherited my great grandfather’s land, but it can never be sold, so I don’t know how to pass it on. Anonymous in Pontotoc County Dear Anonymous: You do not say why…
Read MoreCan I get half of my dead father’s assets?
Dear Ms. Allison: My father died in October of last year. He did not have a will. But my sister said that he left everything in her name. If my sister was left everything when my dad died, can I still get half of his assets? She got his $200,000.00 home & most of his…
Read More