I have had minimal contact with my step mother since my father passed away. She won’t text much or talk on the phone very long, now won’t answer at all. Got a copy of his death certificate and found out he died in California and recently bought a house before he passed. No one in the family... Read more »
If you’re wondering about your inheritance rights, consult a probate attorney. In general, if the property was held by your father and stepmother as joint tenants or simply as husband and wife, as community property with right of survivorship, your stepmother now owns the property without the...Read more »
Assuming your friend’s Will is valid, yes, you’re now entitled to your friend’s 1/3 ownership interest in his father’s estate. Two probates are needed: one for the father’s estate and a second for the son’s estate. Both should be opened right away. The father’s estate cannot close...Read more »
The other way that Nina mentions in her post involves borrowing money by the trust secured by trust-owned property (the home) prior to distribution to the beneficiaries in an amount necessary to equalize the distributions to the kids: house (subject to new debt) to one and cash (proceeds from...Read more »
Yes, you can. You may even be able to avoid a full probate by a small estate affidavit procedure under the laws of the State of Arkansas. Best to consult with an Arkansas probate attorney for availability, pricing, and other details.
It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender...Read more »
Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the...Read more »
Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If...Read more »
She moved to California with the intention of living the rest of her life near family in California and disposed of all her property in Pennsylvania prior to relocating. Once she moved to California, she stayed in California continuously and moved into an assisted care facility (this required her... Read more »
Now my father in law passed away then my son is still minor, the insurance ask us court appointed guardian to get my son’s claim. We went to court and they did not help for guardianship estate, we cannot afford to get a lawyer. We dont know what to do to get certificate from the court stating... Read more »
The insurance company is asking for letters of guardianship which can only be granted to a guardian by a probate court. Merely being the parent of a minor is insufficient authority to claim insurance money belonging to a minor.
A court cannot give legal advice, nor can a legal document...Read more »
Only parent dies with trust. Multiple properties have to be sold. Beneficiaries are 3 brothers and one sister. Sister dies unexpectedly a month after parent dies. Now we have to go through probate as sister left no trust or will. Her share of parent's trust will have to go through probate.... Read more »
More than likely a probate will need to be opened for sister's estate before you're allowed to close parent's estate. Once an executor is appointed to sister's estate, perhaps a deal can be struck among the beneficiaries of sister's estate allowing for an in-kind distribution of estate assets to...Read more »
No. Both are separate branches of the superior court, but both have separate functions: a criminal court adjudicates criminal law matters and a probate court adjudicates matters affecting trusts and estates. Rarely will one branch of the superior court step on the toes of another branch of the...Read more »
Mom died, properties need to be sold to distribute to beneficiaries. I am a beneficiary due to inherit about $500,000. I have cancer. How can I make my own trust for people I want to be my beneficiary, when I don't yet have the amount I am due to receive from my moms trust? It will take a long... Read more »
Assuming it's possible in your mom's trust, assign in writing all of your right, title and interest in your mom's trust to your revocable living trust. It's possible if your mom's trust does not have a standard spendthrift provision in it. If it does, then you'll have to create a standard Will...Read more »
It's the lender who signs off on a deed of reconveyance when a loan secured by real property has been paid in full. If the decedent and/or the decedent's estate loaned money to someone and received payment in full, yes, the executor of the estate would sign off on the deed of reconveyance. No...Read more »
To clarify your question, an executor is a legal representative for a probate estate and a trustee is a legal representative for a trust. An executor acts under court supervision; a trustee does not. In general, both have the legal authority to sell real property immediately upon their...Read more »
If it can be established that their home was held as community property, then the adjusted basis of their home would have been stepped up to its full fair market value at the time of your father’s death for income tax purposes, meaning there would be no capital gain as of your father’s date of...Read more »
Court appointed conservator of estate and person, or trustee of revocable trust, who's in charge? And if there is seperate person, me, who has AHCD, do i have final say? Trustee is running the show now and im kept in the dark
Yes, you now stand in the shoes of your father and will receive what whatever he would have received had he lived, which sounds like a full one-third share of the estate. Specific gifts go to specific devisees. You are considered a remainder beneficiary. You will be mailed notice of the date,...Read more »
It takes a petition to begin a probate and a petition to close a probate (whether or not there are any assets in the probate estate). The petition to close the probate simply alleges that there are no assets in the probate estate to administer and asks that the matter be closed.
You wrote in December: The Probate Code determines priority appointments.
In a contested conservatorship (daughter, on East Coast with relatives & my background is clean), is Court likely to override/ignore personal/family animus & follow order of preference, esp. as I am designated... Read more »
The court gives great weight to order of priority because statute requires it, but between two petitions of equal priority, the court has great discretion to decide between the two. If there’s only one petition but a beneficiary of the estate has reasonable grounds to contest the appointment due...Read more »
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