This was posted as a family law question, but it's actually a probate court issue. You can petition the probate court to be appointed substitute executor, if the probate case is still open. You can also petition the probate court to get guardianship over your mother. You need to consult with a...Read more »
The will is straight forward. Pay the bills, divide anything remaining among living children. If child has died divide his portion among his children. Very small estate. My mom's house needs to be sold, but my sister's daughter is living there.
You need to hire an attorney to help you probate your mother’s estate. Once the court appoints an executor, the executor can make a claim against the boyfriend’s estate to get your mother’s property back.
A lien can be placed on a piece of property owned by an irrevocable trust IF AND ONLY IF the trustee of that trust voluntarily grants the lien (such as a mortgage) or a judgement is obtained against the trust and it is recorded in the local land records. There are a few other instances where a...Read more »
The primary beneficiary for which the trust was established is deceased. All debts and liens against the trust are satisfied. The trust directs distribution of assets to four remaining beneficiaries and all assets have been distributed according to the trust's instructions to them.
Normally you would get a receipt for final distribution and acceptance of final account from each of the ultimate beneficiaries and arrange for the filing of the trust's final tax return and close any trust bank accounts that had been opened.
You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.
If your dad transferred the car during his lifetime, then it is no longer part of his probate estate and, therefore, it is not governed by his will. This is especially true if your dad gave the car away or sold it for cash during his lifetime.
In rare cases, such as a sale of a car on...Read more »
If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.
My 3 boys and my Nephew are the beneficiaries of my grandparents trust. The trustee is now trying to make us pay rent for my 3 boys to continue to live in the home that we have lived in for 2 years. My mom was living here before her time in a nursing home and her death in August she was the... Read more »
The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.
You need to QUICKLY hire a will contest attorney to represent your interests in the probate. Do not delay. There are very tight deadlines. If you wait too long you will lose all rights to contest the will.
He has never been married. My brother and I were not raised together we have different mothers. He is 11 years older than me. Alot of my father family don't know me. My brother was the only child mentioned in the obituary. Can I claim any of his estate?
The answer to your question depends a lot on whether or not your father had a will and, if he did, what is says. If he did not have a will then, yes, you can claim part of his estate, but you can't wait forever to do it. Hire a probate attorney in the area where your father had lived to see...Read more »
Yes, you can BUT depending on who you transfer the remainder interest to it might allow the lender to call the loan due. There is no way to know without reviewing the loan documents. Also, if you do this, you should have an agreement between the life tenant and the remaindermen regarding who pays...Read more »
I hope you will understand that there is no way any attorney in this forum can answer your question without reviewing the papers that you signed along with a lot of other things. Chances are, however, that a lot of claims against you and/or the corporation have expired due to the statute of...Read more »
SECTION 62-3-719. Compensation of personal representative.
(a) Unless otherwise approved by the court for extraordinary services, a personal representative shall receive for his care in the execution of his duties a sum from the probate estate funds not to exceed five percent of the...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.