More facts, including review of the will, are required to answer your question, but if what you say is true, this can probably be handled with an affidavit and a relatively simple court filing, both of which get recorded in the land records. A probate attorney can help you with this.
Yes, of course. You are a free agent. You can fire your existing attorney and hire another to pick up where the other left off. Just understand that you might end up paying more in the long run because the second attorney will have to take some time getting up to speed.
My condolences for your loss. The trust itself should define what State's laws it follows. The trustee should provide a copy of the trust to your Mom. Likely you will find the trust says it follows Illinois law.
You have not provided enough facts to determine where the trust administration is taking place. Most like it is in Illinois, but it could also be in Tennessee, or possibly somewhere else. We would need to see a copy of the trust and would need to understand who is administering the trust and...Read more »
I recommend her obtaining counsel of a Tennessee attorney first. He should be able to get a copy of the Trust Instrument, and after reading it, advise her. The Trust Corpus and/or Trustee may not be in Illinois or Tennessee. It could involve four or more jurisdictions. Hopefully litigation...Read more »
His grandchildren are stating that I am not biologically his and demand a DNA test. He was married to my mother and is on my birth certificate.I also grew up going to his house every other weekend. I was not close to him as an adult My siblings children claim they never heard of me. I never had any... Read more »
If you are his child, then you are an heir and next of kin. Has an Estate been Probated? Probate would probably be in your best interests here. You will need to hire an attorney to look into it and represent you. Otherwise forget about it, as time is of the essence.
I was supposed to receive half of 401k ( which was supposed to be frozen by guidelines for 18 months) but was released to him. There are annuities also. How do I go about accessing annuities & what if he died? Would I still be able to access annuities?
Hopefully you also had a Qualified Domestic Relations Order in addition to your Divorce Decree. Without it there is probably little hope of ever receiving anything from a Retirement Plan. Annuities are a whole separate problem as you have to sue each administrator/trustee in whatever State...Read more »
What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property....Read more »
Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could...Read more »
My mother passed away Feb. 2021. In 2009 she divided her land and all her assets to me and my sister. The only thing left to deal with is $1100 on a prepaid money card. The company wants me to send the nessecary documents, including the executor of will document. There was no will. They want me to... Read more »
Sometime you can get away with an Affidavit of Heirship. The affiant swears who the heirs and next of kin of the decedent were. Record it then send a copy to the card company with the recording information on its face. The next of kin are the owners of the funds. But if they do not send the...Read more »
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »
If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract...Read more »
I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell...Read more »
The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.
Anybody can contest a will for any reason. Whether or not they will succeed is a completely different question. For an answer to that question as it pertains to your particular circumstances, you should schedule a personal consultation with an attorney who specializes in will contests. I think...Read more »
This last week my wife and I refinanced our home. The home has closed and we missed the three day right of cancelation. In all, things are good as our refinance saved 10 years and 2% on the rate, but there is a problem. My name is not on the title and it is only my wife's as a married... Read more »
You have a very legitimate concern, and the lender should not have documented the loan this way, but that is water under the bridge. You can create a new deed from your wife to both of you. Under federal law, the lender will NOT have the right or ability to call the loan due as a result of that...Read more »
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