She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »
Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot...Read more »
The person named to settle an estate in a Will is called an executor. The person named to administer a trust is called a trustee. What someone said or did not say is difficult to prove. However, once submitted for probate, a Will is a public document. Once appointed administrator, an executor...Read more »
If your father had a Will in which he named you executor, present that to the local probate court. If not, file an Application for Determination of Heirship and Issuance of Letters of Administration. Hire a local probate lawyer to help you.
If your grandfather survived her, he is her heir. If not, her children are. You are only counted among them if she adopted you. But if she was awarded guardianship because she is the parent or your parent who died, you inherit through that parent.
More information is needed to respond to your question. Please consult an elder lawyer in your area. You can locate one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
6 yrs ago, my upstairs neighbors' kitchen sink , garbage disposal and dishwasher water kept coming up in my sink and finally flooded my apartment. They fixed it then but its doing it again now. The complex changed hands and I have been asking and even begged them a couple times since January... Read more »
None of his family has been around in 20 years. This is crazy yet sad. There are alot to be involved in probate court to get their portion.His greedy sister should go back to the rock she came from.what can i do
Move. The executor or administrator of the estate has a legal duty to sell property to pay debts and distribute the remainder according to the Will or, if there is no Will, the state's laws of inheritance. This may involve evicting tenants. Neither occupancy nor friendship confer ownership...Read more »
I'm a Realtor and a property nearby has been vacant for 2 years (owner passed). No will. No immediate family. I would like to contact next of kin to start probate process so I can sell the property for them.
Any heir or creditor can file an Application for Determination of Heirship and Issuance of Letters of Administration. It typically takes about three months to get to a hearing as all the heirs must be found and two people who can testify as to the decedent's marital and family history must be...Read more »
An Affidavit of Heirship is signed by two witnesses who will not inherit but knew the decedent well enough to swear to marital and family history. It is sometimes also signed by one or more heirs. It is filed in the county deed records. It does not pass title/ownership of anything.
two lawyers and case not done. I have invested about $4,900 and the estate is worth about 13,000. There is a disgruntled heir. The court will not let me represent myself. I have Texas Legal protection plan. Is there a Honorable Attorney that will finish case for me ?? They are impossible to locate
One of the siblings must hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. All the others may sign a Distributee's Agreement agreeing to that person acting as administrator with power of sale. After the debts are paid,...Read more »
Depending on what your father left, you may be able to file a Small Estate Affidavit or may need a hearing on an Application for Determination of Heirship. Talk with a local probate attorney to find out which would work best in your situation.
My wife's mother refuses to get a will saying her credit card debt will prevent us from getting the house. This is our primary residence, can they take the house and put us on the street to pay her credit card debt? The debt is about 12k right now.
She was scammed into a transmission rebuild after the company already had her car and apart got the back took to another shop who said the transmission has not been rebuilt they replaced a censor and new fluid and charged her 3000.$ and the transmission is acting the way it to start with she was... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.