I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where...Read more »
My cousin passed away from cancer. Over 1 year later, his wife received a Bill from a large cancer treatment center. She had great insurance. He was receiving experimental treatment. The bill was denied because it was above usual and customary. $71,000
He paid 60,000 of the add on and we paid the rest. He was never on any mortgage, taxes or insurance. He lived here for free and now my brother thinks I should have to pay him 1/3 of what my dad paid to the build 15 yrs ago. There are 3 of us children. Also, I was on all his checking and savings and... Read more »
You owe your brother nothing. Your father could do anything that he wanted to do with his money, and he obviously wanted to invest in your home to provide himself with a comfortable place to live. And any bank account that had your name as joint owner now belongs to you.
My relatives had no children, and my mother is next of kin; but very elderly. I will be appointed administrator. Just need to fill out Release Form for Aunt and then full probate due to Uncle being survivor. Only had a house and one car. I am able to provide all records of assets, liabilities,... Read more »
There are two ways an attorney can charge for an estate. One is hourly and the other is according to the value of the estate. You can contact attorneys and ask how they charge. Also many attorneys will give a complementary consultation where they estimate their fees. And you can check the Stark...Read more »
Yes, you can file an Affidavit of Indigency, Supreme Court form 26.8. Depending on the county, there may be a hearing scheduled. It is means tested; you must be under 187.5% of the Federal Poverty Level.
My father passed away last month. The attorney who did the will is retired, possibly deceased. The bank named in the will as Executor has since been sold. They are telling me they don't do that, even though the will names the bank or it's successor. There is no real estate involved. Mom... Read more »
You have to do two estates, unless the property was titled jointly with survivorship rights or if there is a Transfer on Death Affidavit recorded with the county. If it requires two estates, depending on the county where the decedents lived and how long ago they died you may be able to do a Real...Read more »
My father passed away a week ago. He didn't have a will or anybody appointed to take care of his estate. He had no life insurance either. It's just my sister and I and we are on the same page with everything. Just wondering about next steps legally for his estate. He had a little credit... Read more »
It depends on whether your father had any probate property - property without a beneficiary, without a joint owner, and not in trust. If the bank account was in his name only, you will need to open an estate in probate court. Depending on the size of the probate assets, you may be able to do a...Read more »
You and your spouse should have separate wills. It is best to hire an estate planning attorney to draft them, as they can make sure that the wills are done properly according to state law. Costs vary, but most attorneys have a flat fee for wills and can tell you when you make an appointment to...Read more »
Your father had the right to include or exclude anyone he wanted. And good for him to give only to children who were speaking to him! If you wanted to be treated like his daughter after his death, you should have treated him like your father when he was alive; it is too late now!
It depends on how the house is titled. If it says something similar to "for their joint lives, remainder to the survivor", then an Affidavit filed with the recorder can be used to transfer it. Otherwise probate will probably be required.
In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?
As you are aware, any asset with a valid beneficiary will go to the beneficiary when you die. Only assets without beneficiaries, not held jointly, and not in trust will go to probate, where the will controls. One option is to trust your children to give part of their inheritance to their...Read more »
I am not able to pay the mortgage due to waiting for opers benefits and for his family's attorney to get everything put into my name. i need to know what i can do before our house is taken from us. Was planning on paying off mortgage once i received his opers benefits.
The first thing would be to call the mortgage company and discuss the situation with them. They are often willing to wait for a while when there has been a death of the mortgage holder. You may have to reapply for the mortgage unless you were on the original mortgage.
I am not sure what you mean by “worded without order from the court. A will is only used when an estate goes to probate court. Property that has a beneficiary, a joint owner, or is in a trust pass outside of probate.
It really depends on the family. Some need to start right away because they need plates for the car, want to sell the house, or need access to bank accounts. But there are reasons to wait as well. A probate attorney can advise.
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.