Attorney I was working so much I thought I could trust her a week before she passed I was served with a protection order to stay away from my mother she stopped all the family from seeing her . Now they are sending my mother to science. What do I do my mom would not have done she had my mother over... Read more »
No, unless those debts were incurred during a marriage then the spouse may be liable. However, if there are assets in the estate, heirs who receive those assets can be liable to the extent of the value of the assets. Decedent's assets are to be used to pay debts before distributions to heirs.
The real property is controlled by the deed and is not part of the probate estate due to the survivorship right in the deed. Youir late husbands part of household goods, appliances, and wedding gifts and other personal property are the probate estate; the other half is already yours.
My wife is an only child and explicitly exempts other siblings from the will. The will explicitly conveys the house to my wife. Her mother is a widow. There are creditors with an approx. value of 16K of debt owed. There are no other monies or assets (other than personal effects) than house. I value... Read more »
The correction of a previously recorded document is re-recorded in order make the correction on the public record: mistake in legal description; omitted marital status; and so on. The re-recorded document should reference the recording info for the document that is being corrected.
We are three days before clise and our buyer has her down payment in to the title company. The loan documents are going to be delayed pending her submission of pay stub. She is now asking for pre-occupancy agreement. Does this put me, the seller at risk?
Seller rescinded offer and was not in receipt of a signed acceptance. Agent claims Buyers signed contract before Seller rescinded offer but did not provide signed contract to Seller. Is there a contract and is there a commission owed?
We never had heavy weight autos in yard. Never had a water break before. A neighbor told the new owners we did have a water break in past. Which is false.new owners say we failed to disclose it. We never had a break. What can we do?
Tell them "no" as having no factual or legal basis for a claim against you.
It sounds like they caused their own leak but it is likely that you did not warrant any physical condition of your former home past the time escrow closed. The usual warranty in the sale agreement is that...Read more »
Can I use a quit claim deed to assign my interest to my sister who is completing a small estate affidavit real property transfer. Our father is deceased and left no will. only us kids left. ARS14-3971 says only one can claim (no one else has an interest). The affidavit instructions say all other... Read more »
I think that you misunderstood the statute or the instructions are incorrect. More than one person can claim an interest by the transfer affidavit. If your father passed without a will, then his interest goes to his heirs by intestate succession. If no spouse, then to his surviving children in...Read more »
Though I promised her I would not sell the house. Her partner of 17+ years and I are currently living in the residence. If we lose our home we will have nowhere to live... I want to do everything possible to keep the property. During probate can I re-finance the house to pay the creditors? The will... Read more »
You should see a probate lawyer. There are inexpensive title transfer procedures available and you need counsel as to handling of the debt. You are not responsible for your mother's debt. The estate assets are subject to that debt and only to the extent there is value.
You will probably need to have an ancillary probate in California. It is a streamlined form of probate. An Arizona court cannot transfer title to California property. Please consult California legal counsel familiar with probate.
It sounds unwise that you were given a contract to sign, in the hospital while on a narcotic. If the morphine affected your capacity to contract, it may be a way out of the contract. It depends upon whether a doctor will testify to that. There may also be other ways out of the purchase contract,...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.