It may not be prudent to Probate the Estate at all. An Affidavit of Heirship may be enough to get ahold of his property. If the debts are significant, sometimes it is better to let the Bank keep the money, than Probate it and pay out all of it. Consult with a competent SC attorney.
The will stated that if my dad dies everything goes to my step mom but my dad died before my grandpa so that doesnt make any sense and I was told by granpda when he passed the house was to be sold and split between grandkids but we are not mentioned at all in this will
A West Virginia attorney could advise best here, but your post remains open for two weeks. I'm sorry for the loss of your grandfather. You could repost your question and add Probate and Estate Planning as categories, as you mention a will. There's no guarantee all posts are picked up, but...Read more »
It is hard to understand what your question actually is, but life insurance is handled outside of probate. Whoever was named as the beneficiary of the policy gets the proceeds, period. It makes no difference whether that individual happens to be the executrix of the decedent's will or not....Read more »
Will reads; hereby give, devise and bequeath all the rest, residue, and remainder of my estate, real, personal and mixed, whersoever situate of which I may die, seized and posessed ... Problem is his wife of a few short years (who cheated on him) he lost all trust in her, but she won't leave... Read more »
There is no way to answer your question without more information. When did your father die? Did he leave a will? Was his death due to natural causes, or as a result of a wrongful act? Is your grandmother the personal representative of the estate? Who are the attorneys, whom do they represent, and...Read more »
If her will is submitted to probate, and the court approves it, then the executor must follow it. Use the Find a Lawyer tab to consult a WV probate attorney who can review the facts, whether your aunt was mentally competent, whether the friend exerted undue influence, etc. You could file a...Read more »
My mom told me in hospital he would leave me in the street and be careful so I have kept the original will. I called mom's lawyer and set it up. He has received much from my mom and now he is very upset mom willed me the house and part of another one. I tried to talk to him and he was very... Read more »
If I have understand your question, your mom made a will and entrusted it to you to have it probated. You can present the will for probate yourself. Get an experienced probate lawyer to represent you. He or she can take all the heat off of you and keep anyone from running over you. If you live out...Read more »
policy in the estate of him and he passed and no estate has been filed and insurance paid claim with a good faith letter to someone other than his estate. Do I have a leg to stand on? Is his wife liable for this? Is insurance company liable
If the company is a corporation, or a LLC, the company would belong to your mother, not your grandmother. I've looked at this question several times, and can't see any reason why the grandmother's estate would have any claim to the property. The fact that the grandmother merely...Read more »
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