My grandfather’s original will stated that his mobile home and the 5 acres of land it sat on were to be inherited by his daughters after his girlfriend (of 20 years) dies. She was to be able to live out her days there. He married her shortly before his death solely so she could receive his... Read more »
Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she...Read more »
In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time...Read more »
If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.
Is this possible? I've moved in with her as she needs a caregiver. I want to continue living here after her death. Can my two brothers override my preference not to sell? Can mom stipulate that I'm to be allowed to live in the house? What inheritance costs will we each have? Appraisal is... Read more »
There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust...Read more »
Let me answer this question by asking another question. Your dad has to have his appendix removed. He just lost his surgeon. Does he need to have one or can he 'do it himself'. It is a simple operation after all.
ANYONE having a challenge in court needs to be represented. EVEN AN...Read more »
If Mom and Dad own the home as joint tenants with right of survivorship (which would be reflected in their Deed), the house would pass to the surviving joint tenant (Dad) directly. It would not be controlled by her will or lack thereof. If, however, Mom and Dad own the house as Co-tenants, the...Read more »
Hard to say. Very generally speaking, if they were valid in Georgia when you executed them, they are most likely valid in Kentucky. Most states' laws recognize the validity of documents validly executed in other states. There are, however, ways in which Kentucky's laws may affect their...Read more »
Step-children that are not adopted before age 18 are not considered heirs. They can inherit shares of a decedent's estate if he adopted them or provided for them in his last will and testament.. They do not have to be included in a will. In order to let the world know that the testator was...Read more »
I am needing some advice on a will that was made between my parents back in December of 2010 when they both was in good health and sound mind unlike this past year has been. there's a lot of details but more less my question is if that's the type of will they had together can my father... Read more »
He cant change it retroactively, but any property that went to him, yes he can change what is done with it unless there's some special provision I don't know about. Why not take a copy of the original to an attorney and let them look it over and tell you.
The will lists by name 5 of us and states that if any are deceased that share goes back in to be split between the ones living. One of the 5 died after the person making the will and the will was still in probate. So what should happen to that 5th person who is deceased's share. Does it go... Read more »
Normally statutes of this nature make a distinction between the situation in which the heir dies BEFORE the decedent and the situation in which the heir dies AFTER the decedent. If the heir died AFTER the decedent (the person who made the will), normally the heir's estate (or that...Read more »
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