My friend feels financially exploited by her daughter, who is also her legal guardian. This daughter sold my friend's house and car without asking her permission or discussing it with her in any way. She also had her committed to a mental health hospital, but the hospital released her after... View More 
answered on Nov 27, 2017
Your friend would do well to meet with an attorney practicing probate and guardian law.
My mother and father in law had both passed away and no one has filed for executor of their estate. My sister in law is currently living in one of the apartments but her sister states that she is going to have her evicted. Can this be done?
answered on Nov 20, 2017
Depending on whom are the heirs and what there rights are under the will, if any, and who will be the executor, or administrator, the answer may vary. Meet with a probate attorney in your area and discuss the details in private. If you are the executor, retain an attorney to assist you in... View More
answered on Oct 19, 2017
Yes, the property that your mother disposed of in her will may need to be filed in probate court. Consult with an attorney to review the will and your options.
My friend basically has nothing! She needs these funds to payoff the loan she borrowed for the services she had for her brother and then her sister 4 days later. If there is a chance I can help w/o an attorney (no disrespect), please advise. Again, thank you for time and consideration.
answered on Oct 14, 2017
technically an attorney is rarely required, but (a loaded question) is always a good idea. essential if it is a contested matter.
No Will in place. Does this fall under Intestate Succession Law?
answered on Oct 14, 2017
Short answer-yes for all probate assets ( without joint owners or beneficiary designations)
Grandfather passed away 6 months ago. He has 4 daughter's one is deceased. The older sister .She wants my other aunt and my mother to sign a waver to become power of attorney of his estate . Can they sign a paper that if they sign the wavier to give her power she still will have to have the... View More
answered on Sep 10, 2017
Powers of Attorney are for people who are alive, not for 'an estate' ... something is wrong here either in what is being asked or in your understanding of it.
If what is going on is that someone has petitioned to become executor/personal representative and wants the other... View More
answered on Jul 2, 2017
A trust that
1) is designed primarily to hold life insurance and
2) cannot be revoked.
I think what you may have wanted to ask is 'why would you want such a thing' and the answer usually is 'you wouldn't' but there are some REALLY specific and... View More
Executrix and hired an attorney. I contacted the lawyer to find out when i would get my inheritance and she said ( Although our office and the Executrix are still in the process of
identifying all the Estate assets, thus far, it does not appear that there
are any liquid assets... View More
answered on May 3, 2017
If your mother left a lot of specific bequests (e.g. "My house I give to x. My car I give to y, my investment account I leave to z, and I give $20,000 to my son, and there isn't another $20k anywhere other than in those other specific things already given away, then the gift may... View More
My ex-husband and I jointly owned a house in RI but he completed a quit claim deed but in his will, leaves this said house to his girlfriend? is this possible?
answered on Apr 21, 2017
He no longer has an ownership in the real estate to "will" to anyone. You still own your share, however to do with as you see fit.
My sister is petitioning to be the executor of the will and I want to know do I have to be at that hearing in order to contest.
answered on Feb 8, 2017
You don't have to be present. Hire a local lawyer. Good luck.
answered on Jan 21, 2017
There is no 'one size fits all' estate plan. SOMETIMES it is a good idea to avoid probate, and in MANY cases, probate can actually avoid problems that trying to avoid it will create. Sometimes, heirs NEED the structure of probate to insure everything gets done properly and in a timely... View More
I am legally blind I have been over ,20 years my son transports me everywhere reads my mail writes my bills he is 22 had always lived with me helping me he works
answered on Oct 6, 2016
Meet with an attorney to create documents necessary for your son to act on your behalf.
If the will says the deed to a property is to be turned over to one heir, and that heir decides they don't want the property, can they just turn down the deed and all heirs sell the property? Or does the deed HAVE to go to them and they're then responsible for selling it if they don't want it?
answered on Oct 6, 2016
The attorney handling the estate in the Probate court in the town where the person died and usually where the property is located will be best suited to explain the circumstances when a cy press order MAY be entered and under what circumstances such a deviance may be allowed by the court/Judge... View More
I am legally blind I have been for over 20 years I am on disability my son lives with me always has he is 22 and he takes me everwhere I have to go I do not drive anymore he reads my mail writes my checks he does a lot of thiings I cannot do because of my vision I want to make him named my care... View More
answered on Jun 13, 2016
If he is willing to serve in that capacity, consult with an attorney to assist in preparing the appropriate documents.
I am legally blind I have been for over 20 years I am on disability my son lives with me always has he is 22 and he takes me everwhere I have to go I do not drive anymore he reads my mail writes my checks he does a lot of thiings I cannot do because of my vision I want to make him named my care... View More
answered on Jun 5, 2016
Assuming he is willing to serve in this capacity, meet with an attorney to draft the appropriate documents for you.
Individually before the estate has been settled. My husband is beneficiary, as are his two sister. Is this legal? Will he be offered fair market value for the property? Is this a conflict of interest?
answered on May 7, 2016
It sounds like it is a perfect time for your husband to meet with, and retain, an attorney to advocate for his rights.
He has no wife and my husband and I have cared for him for the last 3 years with no involvement from the kids. He lived alone and was very sick.
answered on Sep 7, 2015
Sorry for your loss. I'd suggest meeting with and retaining an attorney who works with intestate estates to best manage the legal aspects of his estate.
I am her sister and we all lived/live in Rhode Island, the reason I am asking is as I said her husband died last month and he had a will but he never took my sister off the deed to their house and now his sister who is the executor of the will just put the house up for sale a few weeks ago. My... View More
answered on Aug 25, 2015
As she predeceased her husband, you may not have anything coming from the estate. However, if you would like to meet with and discuss the case, please feel free to contact me or any of the fine attorneys here in Justia.
answered on May 22, 2015
Your mother's last will should be the controlling document.
my dad is to old fashion to leave the house to just 1 person, but he fails to want to believe his children will not force it sold even know his only wish /demand is no one is to sell his house, which is the best way to do this?
answered on Nov 30, 2014
Encourage your dad to hire and attorney and write a will specifying exactly what he wishes.
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.
