In your questions, you state there was no will. So, you have two options. If you're going to hang on to the properties, the cheaper option is called an "affidavit of heirship." If you want to sell within the next five years or so, it might be better to do the title transfer the...Read more »
I agree with Ms. Garrett. Your grandmother could sign a deed, which would transfer the house to you. A "Ladybird" deed is often recommended in your grandmother's situation. Also, if she doesn't already have a will, she should have a will. In her will, she can leave the house...Read more »
It depends on the deed. Did the deed say they were "joint tenants with rights of survivorship"? If yes, then second-person-to-die's estate owns all of the property. If not, then each half would go to the respective persons' heirs (or will beneficiaries, if they have wills).
This is called "probate with will annexed." You can still have an administrator appointed, but you'll need an attorney if you want an administrator. If you don't want or need an administrator, then you can do a "probate as muniment of title only." With muniment of...Read more »
Yes, you can. You also should establish a trust in your will for your daughter. You need to do this so that your daughter doesn't lose her governmental benefits... We don't charge anything extra for adding this type of trust into our clients' wills.
My father is 98 and in a nursing home. He has always been adamant that his house would go to his children. Now his wife, who has insisted for years that he Has dementia, has gotten him to give her the house. What is our recourse?
I am filing to be Executor and received a huge bill from criminal attorney (hired in error by my nephew to help with probate). Most charges are after my nephew's death and no contract. Doesn't the lawyer's obligation terminate upon client's death?
You are required to have an attorney to probate the will and to become the executor. Your probate attorney should be able to easily help you with this. The probate attorney will probably advise you to send the criminal attorney a "permissive creditor notice." Then, even if the criminal...Read more »
YES! You should have at least a basic will. In all wills we prepare at our law office, we put in a little clause about marital status. This one sentence could save your heirs lots of expense and hassle. You should also consider a cohabitation agreement. Also, I notice you're in PA....Read more »
I agree with the prior answers. The short answer to your question is "YES," you can do this without estate tax. However, it wouldn't be automatic. You definitely need an estate planning attorney in your area to get this drawn up correctly. Doing so could literally save millions of dollars.
..died last yr and willed his 1/2 to 1 son only. How soon after her death could Gmoms estate be finalized and her half of land be distributed to kids? Did we have to wait until grandpa died to split all the land up and distribute to aires?
Sounds like everything is ready to be distributed now. In cases like these, I think it's important to move quickly to protect your inheritance rights. There are deadlines for probating wills. Probate is the process of validating the will by a judge. This must be done for title purposes....Read more »
I have affidavits of heirship, and POA from 4 of my 5 siblings (heirs). There is one heir in Jail. He was living in the house with mom when she died 6 years ago. She had no will, so he was squatting and turned it into a drug house. We missed probate. He's now been in jail a year. His drug... Read more »
If you do find a will, you have 4 years to probate. If there's no will, then you will need to go to probate court to get an "administrator" appointed by the judge. The administrator will have the power to sell the home. The cost of going to court can be reimbursed from the sale of...Read more »
After my mother passed I found out that she created a trust.. Since she passed, the trustee has also passed and the firm no longer operates under the same name and I was wondering how do I go about locating these documents and who do I contact now that the trustee it's deceased also.
If you contact a probate attorney in your area, he/she can email the local law firms to see if anyone had your mother's file. If not, then you can operate as if there's no trust document. This would mean that your mother's heirs inherit the trust assets. Assuming she wasn't...Read more »
Definitely maybe. If he had no will, had more than $75,000, and owed less than $75,000 in creditor claims, then you could probably use a "Small Estate Affidavit." If he had a will, that's the way to go. If he had no will but he has more than $75,000, then you will do a...Read more »
Yes, there are. However, the legal ramifications are not insurmountable.
So, the typical deadline for probating a will in Texas is four years. However, you can probate the will as a "muniment of title" beyond the four-year deadline. Depending on your local probate court,...Read more »
After I became a guardian. I found out the temporary guardian settled outside of court with the boarding home that was neglecting my father. I was never inform and this info was hidden from me. I found all this out on my own. My father is now deceased. Shouldn't that money have gone to the... Read more »
It depends on the order of the deaths. If the son died before grandma, then you have to look at the alternate beneficiaries listed in grandma's will. If son died after grandma, then the son's share would probably go through the son's estate (ie, son's share would flow through the son's will).
My suppose to get my Inhertitenace check this week. If I feel the check is too low and I want to look further into what the executor did, should I not cash it? Is cashing it mean I accept everything he did?
You would probably be okay to cash the check. However, it is definitely better to have a consultation with a probate attorney. Many offer free or low-cost consultation meetings. When you meet with the attorney, bring the actual check you received in addition to all the paperwork you have...Read more »
I agree with the earlier answers. Meet with a probate attorney in the Dallas area ASAP. Many offer free or low-cost consultation meetings. We can actually look at the probate court records to see if maybe your uncle has filed something and you just didn't know. The fact that your uncle is...Read more »
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