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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 19, 2024

Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

John B. Palley
John B. Palley
answered on Mar 19, 2024

I would say that is a pretty common arrangement. In lieu of “rent” you would pay the mortgage and utilities. Of course this is a general answer and each situation is unique. If the mortgage is significantly more than fair market value rent than perhaps some other arrangement would be more fair... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold. If you are living in the house, it does not automatically obligate you to assume the mortgage payments, unless... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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1 Answer | Asked in Estate Planning and Probate for Kansas on
Q: “ I——- do solemnly swear that I will faithfully, impartially and to the best of my ability discharge all duties of my

Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the

state. Does this mean I give up my right as executioner of the estate?

Scott C. Stockwell
Scott C. Stockwell
answered on Mar 19, 2024

The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.

The language does not give up a named executor’s right to...
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1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: I want to contest part of the will but I do not know how to contest in a probate case?

I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More

Anthony M. Avery
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answered on Mar 15, 2024

You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More

1 Answer | Asked in Tax Law, Estate Planning and Probate on
Q: Do I need specail documentation for a living inheritance in florida?It is a financial inheritance

Do I have any tax implications I am Canadian

James L. Arrasmith
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answered on Mar 15, 2024

If you're considering setting up a living inheritance, commonly referred to as a living trust, in Florida, there are some important steps and requirements to be aware of. First and foremost, the living trust document needs to be in writing and should be properly executed: this includes being... View More

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

Nina Whitehurst
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answered on Mar 15, 2024

Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Colorado on
Q: If executor of estate sells house before transferring it to heirs, will it still receive stepped-up cost basis?

A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More

James L. Arrasmith
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answered on Mar 15, 2024

In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More

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1 Answer | Asked in Constitutional Law, Legal Malpractice and Probate for California on
Q: If I never signed a receipt, agreeing to my inheritance and releasing my attorney from liability, is this in my favor?

What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Wisconsin on
Q: How do I account for vendor's interest in a land contract when completing inventory of estate?

My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More

Anthony M. Avery
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answered on Mar 14, 2024

The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I gain entrance to a deceased family members home to search for their will?

The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.

James L. Arrasmith
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answered on Mar 14, 2024

Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More

1 Answer | Asked in Probate for Oregon on
Q: A dear friend died unexpectedly Monday. He leaves behind three adult daughters. We do not think he has a will or trust.

He is the guardian to his older developmentally delayed, deaf brother. He recently bought his first home. He does not have a large estate. The corporation we work for will not release information to the daughters as one is listed as an emergency contact but none as dependents. The listed dependent... View More

Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More

1 Answer | Asked in Estate Planning, Federal Crimes and Probate for New York on
Q: My inheritance was stolen from me My step father and my sister Forged My mother's will and lied how can I get it back

I was in jail at the time plus I am my mother's 1st son and favorite yet I didn't sign anything or agree to nothing they just took everything

I need help

James L. Arrasmith
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answered on Mar 13, 2024

I'm so sorry to hear about your situation. Dealing with a manipulated will and the loss of an inheritance is incredibly painful, especially while also grieving the loss of your mother. Here are some steps you could consider taking to try to rectify the situation and get back what is rightfully... View More

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Biological and step-parent dies with no will, does the step-child have rights to the step-parent's property in Georgia?

The step-parent has living relatives: Mom and siblings

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 13, 2024

The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.

1 Answer | Asked in Probate for Georgia on
Q: Ex husband signed quit claim deed at divorce and I am to pay him $5k upon sale of my home. He died in 2018 w/o a will.

I plan on paying our two children the money, but is his widow due any part of this payment?

Thank you.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that your ex-husband had a legal interest in the $5,000 payment upon the sale of your home, as outlined in the divorce agreement and quit claim deed. When he passed away without a will in 2018, the legal question becomes who is entitled to his assets,... View More

1 Answer | Asked in Family Law, Civil Rights, Juvenile Law and Probate for Indiana on
Q: Is it a violation of me/mychild rights when a caseworker remove child from one placement to another without court order?
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answered on Mar 12, 2024

Removing a child from one placement to another without a court order could potentially be a violation of the child's and the parent's rights, depending on the specific circumstances of the case. Child welfare agencies and caseworkers are generally required to follow due process and obtain... View More

1 Answer | Asked in Tax Law and Probate for California on
Q: Is there any California law preventing me from paying my deceased fathers back taxes out of pocket?

My father died intestate in California and I am the administrator. My brother is the only other heir. He left behind a lot of unpaid tax bills. He also left my brother and me healthy sums of money via POD accounts. Can I just use those out of pocket funds to pay off his back taxes to keep the... View More

James L. Arrasmith
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answered on Mar 12, 2024

Under California law, there is no legal prohibition against you paying your deceased father's back taxes out of pocket, using the funds you received from the POD (Pay-on-Death) accounts. In fact, it may be a practical solution to settle the estate more efficiently and avoid selling the house,... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Legal Malpractice and Probate for California on
Q: Statue of limitation on fraudulent misrepresentation, concealment client & the court

What is the statute of limitation to sue a representing attorney concerning fraudulent misrepresentation concealment of facts deceit concerning standing under the laws of intestate succession and entitlement as an issue of a predeceased beneficiary with fraud on the court? Stemming From probate.... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, the statute of limitations for fraudulent misrepresentation, concealment, and deceit is generally 3 years from the date the fraud was discovered or should have been discovered through reasonable diligence. This is based on California Code of Civil Procedure Section 338(d).... View More

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