Your current state is Ohio
In Mom's Will, there is no mention of her mortgage or who inherits the house. Neither child wants it. Small, inexpensive estate and we can't find anything on life insurance. Who pays mortgage? Can I as executor sell it? Am I legally still required to pay on the house until it is sold?... View More 
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answered on Apr 22, 2024
I'm so sorry for your loss. Dealing with a parent's estate can be complicated, especially when there are outstanding debts like a mortgage. Here's some general information, but I would strongly recommend consulting with a probate attorney in Ohio to get specific legal advice for your... View More
Do the children of the ones who passed have legal rights to the house?
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answered on Apr 22, 2024
Under California law, the rights of the deceased children's heirs (including their own children) to the grandmother's house depend on several factors:
1. Whether the grandmother left a will: If the grandmother had a valid will that specified how her estate should be distributed,... View More
Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?
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answered on Apr 22, 2024
Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More
I cant find my dad's estate house, trust and alot of mineral rights but can't afford lawyer how can I find them I'm representative of estate only child only heir but she hid in her aka names
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answered on Apr 19, 2024
I'm sorry to hear about the difficulties you're facing regarding your father's estate. Here are some steps you can take to try to locate the assets without hiring a lawyer:
1. Check county records: Visit the county recorder's office where your father's properties... View More
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answered on Apr 19, 2024
One of the purposes of probate is to make sure there is clear title to assets, so if there is no trust or other means of non probate transfer of these assets then yes, they need to be probated. But, concerning the houses, check the deeds to see if they were owned with any other person or placed in... View More
If I am removed from a will due to a codicil but I am mentioned in a application for letters testamentary, will I receive what is stated or will I have to fight the codicil?
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answered on Apr 19, 2024
If the Codicil is admitted to Probate, then it modifies the Probated Will. If you have interpreted it correctly, then you receive nothing. But Codicils have to be drafted and executed properly, so you may wish to contest the Codicil. Hire a MO attorney to look at the Probate file.
I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More
answered on Apr 19, 2024
The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More
My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More
answered on Apr 18, 2024
Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.
by a third party/bounty hunter company?
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answered on Apr 18, 2024
The laws regarding tax sale property surplus funds and the fees that third-party companies can charge for assisting owners in claiming those funds vary by state and jurisdiction. Many states do have limits on the fees that can be charged, but the specifics differ.
For example:
1. In... View More
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answered on Apr 18, 2024
Probate laws in New York (NY) and Puerto Rico (PR) are separate and distinct, as they are two different jurisdictions. However, if your late husband owned properties in both NY and PR, the probate process will need to be initiated in each jurisdiction simultaneously. Here's what you should... View More
Was next of kin. Without informing me the money was split up between my 2 brothers and 1 sister and I didn't receive a dime. What can I do to get my fair share of the money I'm owed?
answered on Apr 18, 2024
The specific facts of the situation will dictate how you should proceed. There are numerous questions that need to be answered. To start:
Have you confronted him?
The insurance company should have contacted all beneficiaries directly. Why didn't this happen?
How was... View More
My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More
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answered on Apr 17, 2024
In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.
Under the Dead... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
In short, if you were given certain parts of a property years ago but the owner now willed the entire property to someone else, including your parts, it means you technically own those parts, but someone else owns the whole property. You may need legal help to clarify your rights and possibly... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
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answered on Apr 17, 2024
If the testator did not own the property deeded to you earlier, then it is not part of the testate estate and cannot be devised. Hire a VA attorney to search the title and ensure noone else is claiming your parcels. Also make sure you are paying taxes on your properties, under a correct address... View More
If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More
answered on Apr 17, 2024
More facts are required to answer this question accurately. Your question seems to touch on several different legal topics. First of all, a deed is effective upon delivery to the grantee. To preserve his or her rights against the rest of the world, the grantee should record the deed in the... View More
and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.
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answered on Apr 17, 2024
GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
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answered on Apr 16, 2024
Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
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