Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More
No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.
If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your...View More
The check is payable to the Estate and will need to be deposited into an estate bank account in your father’s name to be distributed to the rightful heirs. If dad passed with or without a will will determine how to handle and also the amount of the check and size of the estate.
I’m the ind adm of estate. I’m disabled. She would be responsible for the principal on home & me the interest taxes and insurance and then when I die she gets home. We had to sell his other home to pay some other debts So do all the debts get paid including the IRS and mortgage before any... View More
You mention quite a few things here. All debts are to be paid or settled before distributing assests to heirs. However, that does not mean paying off the house. As the administrator you really should be working with an attorney. Any attorney, not just the attorney who filed the case for you, as...View More
Absent language in your lease to the contrary, a landlord cannot terminate your lease early for repairs unless the repairs needed are to address a dangerous, hazardous or safety issue. Typically, a landlord should make other arrangements for your housing while repairs are made. You should then be...View More
Just inherited an old rental property that has had a couple living there for decades. There is no current official contract, and we told the tenants we would keep the payment agreement that was set in place before former owners passed away. After recently visiting to make repairs, we discovered... View More
Has the property already been transferred to your name as owners? I would have the property inspected by a reputable home inspector. At the very least I would get a a comparative market analysis and/or appraisal to see if you can pull out any funds to make the necessary repairs. If you are...View More
Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will...View More
My deceased mother and I owned a home together that has sold. As per law, it was equally distributed. I received a check made out to me, and a check made out to the Estate. I inadvertently deposited both checks into the estate account. Am I legally able to reimburse my portion (exact amount) of the... View More
You will need to hire an attorney to file the will for probate if she passed with a will or to do a determination of heirship if she passed without a will. What county is Shepherd? Very sorry for your loss.
I have an original contract but it does not address change orders. He sent me a final invoice with a bunch of change orders that he claimed was required by city. Contractor never informed me beforehand.
My lease ended on April 30. Prior to this I gave a 60 days notice in March. In mid April I submitted a request to retract the notice and I did this via email. At this time we switched to a different property management company and I did not get a response. When I would go to the office I would... View More
The terms of your lease agreement are governed by the words within the lease. Despite what you told someone or they told you, your lease contract dictates the terms of your tenancy. So if your lease has expired and you are now month to month and retracted your original notice to terminate the...View More
Brother is trying to get guardianship over my mom (in order to kick her out of her own home & put her in nursing home). She doesn't want that. She has been capable of living on her own with my help thus far. I'm trying to help her, but don't know what court or even what county... View More
The county where your mother resides is the proper county for filing the guardianship. Depending on where you live you may be able to look up the case online. You will want to file an answer to his filing in that same court under the case number you find.
I am trying to avoid probate since my mother's assets total $3000. After three phone calls to Wells Fargo estate department, they say that I need either a Order/Judgment of Heirship, or an Order Admitting the will to Muniment. The probate clerk in Texas said that if I file the Affidavit of... View More
The banks will not relase funds without you getting an order and letters from the court. Eventually the funds will escheat to the state as unclaimed property and for that small amount you will be able to use the heirship affidavit.
After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... View More
First, let me say how sorry I am that you and your child are going through this. You can file a suit to Partition and Force the Sale of the Property since you stated it is in both of your names. The legislature has recently allowed for this remedy to be an easier process.
We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... View More
I have a shared fence with a neighbor that's leaning towards their side. It was already like this when I recently bought the house months ago. They wrote to me that they had the fence completely replaced including new posts in 2008. That is why they have the picket side, while I have the post... View More
You may close at any title company. You should have your letters of administration which grants you the authority.
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.