My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »
As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there...Read more »
My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »
This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or...Read more »
My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... Read more »
The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court...Read more »
That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the...Read more »
It sound like you might be referring to a transfer on death deed that you have previously recorded and now you want to change it. In most states that can be done simply by recording a new transfer on death deed. The new one automatically revokes the old one. But you did not say what state this...Read more »
Most states do honor a will drawn up in another state as long as the will was validly created in the other state according to the laws of the other state as the time the will was executed. However, that creates a problem of proof in the new state. When it comes to probating the foreign will, the...Read more »
Federal law prohibits enforcement of a due-on-sale clause when a borrower dies leaving a home to a child of the borrower. This law is called the Garn-St. Germain Act. Accordingly, most likely the lender cannot require the successor trustee or the child to refinance. But, of course, the lender can...Read more »
My parents did a quitclaim deed to my brother about 15 years ago to release ownership of the house, he has been paying taxes and everything since then. Later parents were in the medicaid and medical program. If they pass away, can the medicaid or medical (CA) program take back the house?... Read more »
Medicaid can’t take back a gift made by a Medicaid recipient unless it was made to hinder, defraud or delay Medicaid at that time, which clearly wasn’t the case. Medicaid can impose penalties for gifts made in the past, but the look back period is way fewer than 15 years, and Medicaid in...Read more »
If you son did not have a will, then chances are you and his father (if living) are the sole heirs of his estate. If your son had a will, then the heirs are whomever he said they are. You should contact a probate attorney for help with this before all of the assets disappear and are unrecoverable.
When we first told them we have mold, they said it wasn’t mold but sprayed mold killer. We told them again and they are still saying it’s not mold but my kids have seen multiple doctors who all say that they are being affected by mold. I’ve shown pictures to them and everyone says that it is... Read more »
Was to get the house I was already renting. He didn't add anything to his trust & there was no will. Now his daughters are saying the affadavit is null & void & she's kicking myself & minor daughter out. What can I do. He wanted me to.have this house.
I am sorry to have to tell you that the daughters are probably right. A will in Kansas (as in most other states) requires two witnesses to valid, and it sounds like this will had no witnesses or at most maybe one, and even that is a stretch. This is a perfect illustration for why one should...Read more »
I've been taking care of a family friend for the past 2 years and recently he had his leg amputated. His sister came down from Chicago to visit with him. We both were his medical POA. Until his sister tried to put him in a nursing home far away from anyone. He then took her off as POA, now... Read more »
You are not legally obligated to hire an attorney to represent you. You can legally represent yourself. However, you will probably obtain a better result and have more confidence with what you are doing if you hire an attorney to help you.
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