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My mother passed away in Illinois without a will. I reside in Texas. Her estate (accounts etc) are going to probate. Do I need to file a claim to receive assets, or will the natural process of probate take care of this?
answered on Jul 27, 2018
Was she married at time of death.
If not, you would be entitled to be appointed administrator.
Why don't you take charge.
Settled day before trial. I make more money than other party but that is because they did not work to keep income low to get more support. Also other party still utilizing WIC, SNAP, and medicaid for themselves even though they receive a large amount of support on a monthly basis. Other party is... View More 
answered on Jul 24, 2018
The judge decides if the fees are reasonable.
After that who should pay how much of the fees.
The judge will take into account assets and ability to pay of both parties.
My mortgage with the private lender is signed and notarized. I am always current with my payments (principal, interest, and property tax). The lender is going to die soon and his family told me that I need to refinance and that the probate judge will likely make me pay the mortgage in full... View More
answered on Jul 22, 2018
There is a note and mortgage.
The note says when the payment is due.
Most notes say that the terms of the note apply to assigns and heirs.
His estate will own the note.
The terms of the note don't change.
Biological son but not the other? I don’t wish to see the kid that is not biologically mine
answered on Jul 20, 2018
When you signed the VAP you became the father.
The court decides on the visitation.
The mother may argue that one child should not be favored.
This would be in regards to finding net income to determine child support obligations for one child.
answered on Jul 20, 2018
Sale of your home is not income.
It is no different than selling stocks and bonds.
However, income from the proceeds might be considered income to calculate child support.
I adopted her 5 1/2 yrs ago. I am at the point where I am looking out for the best interest of her. I love her more than anything, but her mother uses visitation against me whenever I dont do exactly what she wants. I dont think it is best for my daughter to see me when it is convenient for her... View More
answered on Jul 18, 2018
Looks like there is no court order.
When you get divorced, there will be a parenting plan.
After the parenting plan is entered, you can force her to comply with it through contempt proceedings.
Father has visitation rights now, but would like more time. Mother try to keep child away from father. Won't let father pick up child until she is ready to let him go. Visitation time are in the visitation schedule signed by Judge; again it does not matter to mother.
answered on Jul 18, 2018
If the mother does not comply with the court order, the remedy is to take her to court for contempt.
If he can show that it is in child's best interests, father may request a new parenting plan which gives him more parenting time.
answered on Jul 17, 2018
The procedure is to ask the court to terminate or modify father's parenting time until the matter is resolved.
answered on Jul 17, 2018
No.
Unless it has to do with American Indians where there may be some special rules.
Lawyer or can I use a IL Lawyer
answered on Jul 17, 2018
If you are transferring the case to Illinois, you would hire an Illinois attorney.
You cannot just transfer a case. You have to have right to do so.
If the case stays in TN, you would consult with a TN attorney.
Can u continue to keep investments and annuities open after the persons death? The estate is still paying taxes on her investments and she is dead almost 5 years. Trust states estate to be finalized within one year of death
answered on Jul 9, 2018
Trusts and Probate Estates are two different things.
In a trust, there is a trustee who carries out the provisions of the trust. If you don't have a copy, you need to get one to see if she is carrying out the provisions of the trust.
If the deceased had assets which were not in... View More
her home, for the last four years. she does not know who to speak with, in order to get it stopped. i told her i would try to get information, for her, to help her. Thank You
answered on Jul 5, 2018
She needs to hire an attorney to go into the divorce court to stop it.
answered on Jul 5, 2018
When someone dies without a will, there is a pecking order of who can be appointed to administer the estate.
Husband and then children are at the top of the list.
There are restrictions on who can act as administrator.
The house is part of her estate.
After... View More
When my father died his brother served as his lawyer and executor of his estate. In conversations preceeding my fathers death his wishes were made known to his brother, my uncle. Upon reading of the will all things seemed in line with what his wishes were. However, upon further review, it appears... View More
answered on Jun 20, 2018
The will and the life insurance are two separate matters.
No financial planner can tell a client who to list as beneficiaries on life insurance policies.
I'm self employed and pay her directly by check ea month. my divorce attorney says just to stop paying the month after youngest child graduates HS. no need to file with court. Ex wants support for youngest to go to college. I don't want to do this mainly because my income has drastically... View More
answered on May 18, 2018
Were you supposed to pay directly to her.
Is that what the court order said.
answered on May 18, 2018
You have to have a basis for objecting to a will.
Probate lawyers are knowledgeable about how and why wills can be contested.
answered on Apr 23, 2018
The GAL bills are assigned by the court.
Did the court award GAL fees against the deceased ex-wife.
If so, the GAL should look to her estate.
On the other hand, the court has wide discretion as to awarding GAL fees and could reconsider.
answered on Apr 18, 2018
You need to explain what exactly happened to figure out what needs to be done.
I have tried to be involved since i found out she was pregnant. She has avoided me and lied to me. All i am wondering is if I filled out the child support document, if i would be obligated to pay child support before we know who the father is?
answered on Apr 18, 2018
Sounds like you will be signing documents making you liable for child support.
If you are unsure, you should have DNA tests done before you acknowledge you are the father.
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