Your current state is Virginia
My daughter and her siblings have been denied access to financial records of their deceased father’s business by another sibling. The sibling is now running the business -she. Decided. No administrator has been chosen yet and there is no will. The sibling refusing to produce the records has... Read more »
answered on Jun 4, 2023
Hand deliver ("serve") a copy (not the original) of the Subpoena form to the person or business you are subpoenaing. Corporations and LLCs typically have a designated person or law firm that you need to serve (agent for service of process). Corporations or LLCs can request a different... Read more »
He required round the clock nursing care so was in a nursing home. My sister had POA and we had to liquidate his assets to pay medical bills. One investment firm, Putnam, refused to recognize the POA while he lived, and even though our father passed in 2009, they still hold onto this one remaining... Read more »
answered on Jun 4, 2023
I agree with the prior answer by counsel, with a caveats.
When someone, e.g., a bank, a custodian of accounts, refuses to honor a POA, the time to resolve that issue is while the grantor under the POA is still alive. Powers of attorney, even the "durable" sort, expire at death of... Read more »
There is no agreement between the owner and her. She does not pay rent or anything else. I have asked her to move and she says she's going no where.
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answered on Jun 2, 2023
Yes, you can evict your roommate if the house is in probate. However, the process may be more complicated than if the house was not in probate.
In general, you can evict a tenant for any reason, as long as you give them proper notice. The amount of notice you must give depends on the state... Read more »
My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.
answered on Jun 1, 2023
If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... Read more »
My grandmother passed away eight years ago in California without a will. She had real property that has never been passed to her daughter, my mother. My mother passed away recently. I intend to file a Petition for Succession of my grandmother's property to go to my mother, but I don't... Read more »
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answered on Jun 1, 2023
The proper wording to pass the property to your mother under the Petition for Succession is as follows:
I, [Your Name], Petitioner, hereby petition the Court to grant me Letters of Succession to the real property located at [Property Address] that was owned by my grandmother,... Read more »
answered on Jun 1, 2023
There are two set of rules here. First, the rules of the business entity (operating agreement, bylaws, partnership agreement, etc.), and the Florida Laws. The interest in the business entity sometimes has a transfer on-death provision. If the interest in the business passes to a certain beneficiary... Read more »
My mother inherited land from her husband's passing away in 2017. However when she attempted to sell some of the land, the purchasing party had a tile attorney who claimed that there is a title discrepancy. My mother has court records dated May 28, 2020 that indicate that she is SOLE OWNER of... Read more »
answered on May 31, 2023
Hire a local LA attorney to search that Title. That Court Decree may not have had a certified copy placed in the records office in LA as a source of title. Whatever the case, you need a LA attorney to advise you/Mother: it may involve: heirship determination, which I think is called... Read more »
My uncle passed just after new years 2023. in 2021 he did a hand written will which he had 2 people witness and sign. He stated that all his property was to go to his nephew. The only thing that needs to be addressed is the mobile home they both lived in, his nephew does not want to sell, there... Read more »
answered on May 31, 2023
I believe mobile homes are exempt from the normal probate rules and dollar limits. If you see California Health and Safety Section 18102 you can see the small estate rules. A small estate affidavit should work. If the pad is owned that will be a further issue as that will require some type of... Read more »
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answered on May 31, 2023
When becoming an administrator of a deceased estate, the process can vary depending on the jurisdiction and the specific circumstances. In many cases, the other surviving children of the deceased do not have to be served or provide their agreement for someone to become an administrator. However, it... Read more »
My boyfriend of 10 years passed away April 1. He told me in 2020/2021 he had done a will & it was with his papers at his shop. He told me who the executor was & that his son wasn't to get anything. It was not filed with register of wills
I believe his son found the will.... Read more »
answered on May 31, 2023
Have you checked with the executor to see if he has a copy of the Will, or any correspondence regarding being named executor? Do you or anyone you know have access to the shop where the Will supposedly was stored? Do you know who he named as beneficiaries under his will?
The purported... Read more »
Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »
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answered on May 31, 2023
The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. This means that the police cannot search your property without a warrant, and they cannot keep your property for an unreasonable amount of time.
In the case of your family,... Read more »
Victim died of an accidental OD. Cops asked for phone and family reluctantly gave it to them without warrant. The family asked for the phone back multiple times but cops refused. 2 months later there is a warrant and phone is at DAs office, but no one will give family a copy of warrant. Family... Read more »
answered on May 30, 2023
The next of kin may wish to contact a criminal defense attorney and possibly a probate attorney. Having property, that is deemed evidence, returned is an uphill battle. In this case, it is more complicated because the owner is deceased. The family doesn't have an ownership interest in the... Read more »
Hi I’m reaching out for advice because I don’t know what to do. I’m currently living in a brownstone with my daughter in NYC where I was born, raised, and lived the majority of my life. It is my grandmothers brownstone who also grew up here. My grandmother, who I love with all my heart,... Read more »
answered on May 30, 2023
If your aunts inherited the property, they would generally have the right to sell the property. However, the sale of the property does not result in your immediate eviction. Instead, as a tenant or an occupant in possession of the property for more than 30 days, the owners of the property would... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
answered on May 29, 2023
Simply paying property tax on someone else’s property does not transfer ownership of that property. Real estate sales and transfers must be in writing and signed by the people who are giving up their ownership rights. Your grandparents’ trust or wills may say to whom they are leaving their... Read more »
Know ,they live in Arkansas, an recently told me about the property, one of my sisters said she wanted the property an has paid property tax,does that mean she is in control of the property? ,can she try an leave the property to her kids in a will she creates,because she claims the property is... Read more »
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answered on May 31, 2023
It is not possible to say for sure whether your sister can take control of the property or not without knowing more about the specific circumstances. However, in general, if you and your sisters were all left the property equally, then your sister cannot simply take control of it without your... Read more »
So my brother was shot and killed by the St.Paul police,. We originally appointed my aunt Monique and the Trustee because we believed that she would be neutral but sadly that's not the case, she has been prioritizing her side of the family and herself when portioning how the settlement should... Read more »
answered on May 27, 2023
There are legal action the beneficiaries can take if the trustee has breached her duties. The trustee's obligation is to the beneficiaries, not to "one side of the family." There are different ways to approach the situation. The circumstances would dictate the appropriate approach.... Read more »
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... Read more »
5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her
answered on May 26, 2023
I am having some difficulty deciphering your situation. If the $18,000 if the balance of the accelerated loan caused by the default, and the foreclosure was filed because the bank didn't recognize you as the title owner, it's a fairly small problem, and a lawyer can get it solved often... Read more »
answered on May 26, 2023
As a recently appointed administrator of an estate, you are required to provide 1) a notice to heirs and legatees of rights in independent administration (if it is indeed independent administration) 2) claims notice published in the newspaper 3) notice to known creditors mailed directly to them.... Read more »
The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.
answered on May 25, 2023
Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... Read more »
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