Probate, Estate and Trust Administration
Mediation When Siblings Distrust Each other to Manage a Trust
Dear Ms. Allison: My sister is the Trustee to my parents’ living trust. My brothers and I do not believe she will fairly divide the assets between all of us. She didn’t handle his life insurance right when my father died, and let it lapse. So why would she do things right when mother goes?…Read More
How to make my Aunt probate my Mom’s Will
Dear Ms. Allison: My mother passed away in 2003. Her sister, my aunt was living with her. Mom has three other siblings–there were 5 of them all together. At any rate, after all this time, my mother’s estate has still not been distributed; at least not to anyone’s knowledge. My aunt has not shown the…Read More
Are 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 More
Estate Matters Update: The Importance of FUNDING Your Will
Gale Allison’s thoughts on the recently publicized ruling of the Oklahoma Supreme Court In Re Estate of James.Read More
How large can a Trust become before it is taxable by the federal government?
Dear Ms. Allison: How large can a Trust become before it is taxable by the federal government and is there such a thing as a Sub-Trust or Smaller Trust outside the original? Thanks, PT in NE Oklahoma Dear PT: Your question is difficult to answer due to the many different taxes that could attach and…Read More
Can a stepparent leave everything to a stepchild in her will?
Dear Ms. Allison: My stepmom passed away and left everything to me in her will. She has two sisters contesting the will. A lawyer told me that it’s possible I could get nothing cause I’m considered a stranger. Also said the judge would decide who gets what. Is this true? If so what’s the purpose…Read More
Can you name co-Powers of Attorney?
Dear Ms. Allison: Is it possible to name two people as “co” powers of attorney and as co-medical powers of attorney? One is an immediate family member and is local. She would also be an heir, as well as her children. The other is out of town and would not be an heir. However, he…Read More
Can an irrevocable trust be changed without the beneficiary’s knowledge?
Dear Ms. Allison: Can an irrevocable trust be changed without the beneficiary’s knowledge? My father changed how much of his estate he was to give me and some other things in his irrevocable trust after my sister died and didn’t tell me before he did it. PP in Central Oklahoma Dear PP: Are you certain…Read More
Can 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 More
Can 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 More