answered on Jan 11, 2018
The surviving spouse of a decedent who dies domiciled in this state has a right of election that is not defined in finite dollar amounts. Review Rhode Island intestacy laws at your leisure, and/or hire a practicing probate attorney to assist in the proceedings. see:... View More 
answered on Dec 27, 2017
Sorry for your loss. Consult with a local probate attorney to review all of the facts (and review his will if he had one) and decide if his estate shall have to be probated. If the $1500 is the only asset, it may go through as a small estate and there is a simplified process for that type of case.
of my mother's estate My mother named me in her will and bequested me the sum of $20,000, which my sister tells me I'm not going to get because there's no money in my mother's accounts. The hearing to close the estate, is in 7 days and don't agree with the accounting that... View More
answered on Dec 3, 2017
You've asked this question twice. Please see my previous answer.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local... View More
Me the sum of twenty thousand dollars. They said my mom's money in her estate was only twenty six thousand dollars and they used it up on the funeral and utility bills of the house for a year after my mothers passing. Can I force My sisters to sell the house and pay me my bequest?
answered on Dec 3, 2017
This depends on how the will was written. If the house were given as a specific bequest, then no, probably not. If the money were given as a specific bequest and the house as a 'residual' item, then maybe, but it depends on the nature of the expenses paid.
Bottom line, you need... View More
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)
She stated the papers would be emailed to me since I live in Florida and can not be at the closing and i would be signing over my rights to the house so she could sell it...She had stated shortly after his death there was no will and nothing was left to me so why would i need to do this? She has... View More
answered on Sep 22, 2017
If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would... View More
answered on Aug 23, 2017
If there is no joint owner, AND not payable on death designation, then yes, upon death, it becomes a probate asset and needs to be handled accordingly.
--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice... View More
answered on Jul 2, 2017
Talk to your attorney. They will explain the time necessary for creditors to make any claims against the estate (usually six months) and the other tasks necessary to bring the matter to closure.
where in the apartment. Is there someone we can contact. My aunt listed his bank accounts only in court. How do I find the lawyer that is handling his
estate? Thank you in advance.
answered on May 3, 2017
Sorry for your loss. Check at the probate court where he passed.
Lived in the house for years before the owner passed away
answered on Apr 20, 2017
Unless there is a lease or something in writing like a will or trust that offers such a right, there isn't one. The estate's personal representative/executor has an obligation to sell the property for as much as is practical to benefit the estate. The current occupant is the first obvious... View More
and sold his truck and then took his collectible coins, baseball memorabilia and other antiques, can we take her to court. She does not have the truck title.
answered on Apr 16, 2017
Where is your father? He should be the first one to do something about this.. .unless he is no longer with us. If that is the case, speak to the attorney handling his estate and the trustees.
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.
My mom and my dad where never married and he has no other living family members besides me and my mom..We just seen this happen to a friend but I don't know the out come
answered on Feb 6, 2017
When it happens, if it happens, you may be able to find the information you seek with the help of an investigator.
be owed money from an estate?
answered on Jan 20, 2017
You're trying to do this yourself aren't you?
That phrase has a specific meaning in state law, but generally it means not only all the persons named in a will, but also 'heirs at law' and even creditors in some contexts.
Seek local legal representation ... none... View More
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
Father deceased. I am an only child.
answered on Aug 24, 2015
If you were not on the title at the time of death, it may be necessary to go through probate. If the car is the only asset, it will be a very simple case. Meet with a local probate attorney to discuss the details and particulars.
answered on Jun 11, 2014
The will may or may not effect this transfer. Meet with a Probate/Estate Attorney to review your case and the particulars.
answered on Apr 23, 2013
If you own the home and/or have superior rights to it than that person and they are not your child under the age of eighteen then you may charge rent. Once the house is out of probate rights may change and you may lose your ability to charge rent. If you currently have no rights because the... View More
answered on Mar 20, 2013
This blank line is for the type of petition you are seeking to waive the notice requirement for. Because this form is used for different types of petitions (i.e. Petition for Probate of a Will, Administration Petition, etc.), you should fill in the blank with the type of Petition that your upcoming... View More
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