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 »
As long as the mortgage payments are current, there should not be a problem. The biggest thing for them is simply that they get their money. If your mother can't afford to make the payments, then you'll either need to help her refinance the mortgage or sell the property.
I live in Tx. with my mother who is 84 and I know she has some form of dementia but hasn't been diagnosed by a specialist. I can't get her to go to the neurologist even though her regular dr wanted her to be evaluated. She needs help either needs to be placed in a home or... Read more »
Dad was a good and slow driving. He has some memory issues which exacerbated when mom passed suddenly. He got lost one foggy night and stopped in a strange part of town. He didn't have his phone. The police took him to a hospital, the state got involved without contacting me. I have medical... Read more »
Yes, you'll need a guardianship attorney in your area to request a transfer of the guardianship case. This can be very straightforward. In fact, some of the probate judges do not even require a hearing. Start with a free consultation with a guardianship attorney in your area.
I want to buy the condo and was not sure if she can when it's still in his name. She is owner financing it for me and I got a contract drawn up but want to be sure it would be legal for her to be named as the seller or does the name of the owner be changed to her before executing the contact
Also, make sure that the will has actually been to probate. You only get 4 years to take a will to probate, by default. If the will hasn't been probated, then get with a probate lawyer quickly so you can get squared away. After that, you can deal with the paperwork to sell the condo to you...Read more »
It will be 15 months in february and the the estate is not closed yet. How long does he have to complete this? He seems to be dragging it out because he doesn't have time to do it. Will he eventually get in trouble with the court?
Yes, after 15 months from the date of the probate hearing, any beneficiary can submit a demand for accounting to the executor. This demand is oftentimes prepared by a lawyer. Then, the executor has to respond with a line-by-line transaction list for the estate. Also, in the response, 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.