Wills and Estates

I was estranged from my Mother who passed away recently, is someone obligated to let me know details of the will? As a youngster I was hit by a car, my parents sued on my behalf, 50 years later I have never received a penny every time I asked my Mother she would change the … Continue reading Wills and Estates

Are Online Wills Legal?

Online wills CAN be legal, but...The baseline for a valid will is PROPER EXECUTION. Each state has its own specific rules of procedure, so you should speak with a local counselor or look up your state laws online.  Be sure you are using an online form that complies with state requirements. Essentially, all states require … Continue reading Are Online Wills Legal?

MATTA LAW reaches new benchmark

MATTA LAW'S Attorney, Estela Matta, has reached a benchmark of over one thousand of YOUR legal questions answered. More than 750 unaffiliated attorneys have concurred and agreed with the legal content, quality and particularized information provided by Attorney Matta in answer to your individual legal concerns. Keeps your questions coming! When your case matters--call Matta Law.  A proven record of … Continue reading MATTA LAW reaches new benchmark

3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?

Forgery and fraud are crimes--serious crimes, and they carry serious criminal penalties. Lying to the tribunal, by submitting falsified papers, can give rise to civil and criminal contempt charges as well as subject one to fines, and/or incarceration. When a person dies without a Will, they are deemed to be "intestate" (without a 'testament').  The courts … Continue reading 3 Siblings Made Up a Will after Father Died. What is the Possible Penalty?

How is an inheritance treated in a divorce?

Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce. However, state laws determine how an inheritance is treated in a … Continue reading How is an inheritance treated in a divorce?

What can my sister do? I think she has been defrauded of her shares in my mother’s estate.

Under your facts, your niece made promises of future financial and personal services to your sister in exchange for your sister presently gifting her share of your mother's estate to the niece.  The promises were never kept and your sister is left with nothing. Your sister's problem is that all of these promises were verbal, and your … Continue reading What can my sister do? I think she has been defrauded of her shares in my mother’s estate.

Should gay unmarried couples who wish to name each other as executor in their wills, etc use terms such as “partner” or “life partner?”

  Name your personal representative  or Executor in your Will; your relationship to the person is irrelevant. Be sure to properly identify him/her, including address and contact information. Prepare a living will (health proxy) to identify who can make end-of-life medical decisions in the event you are incapacitated. Have a power of attorney drawn up … Continue reading Should gay unmarried couples who wish to name each other as executor in their wills, etc use terms such as “partner” or “life partner?”

My wife and I state in our Will that house goes to all our children, but one of them is not to be made to leave.

Unfortunately, the proposal you have stated is unworkable, or at the very least creates problems down the road. You are essentially burdening all the siblings for the benefit of one. This is certainly contestable, and in all likelihood will incur a lot of cost and dissipation of the estate--not to mention the animosity it might … Continue reading My wife and I state in our Will that house goes to all our children, but one of them is not to be made to leave.