My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... Read more »
That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law....Read more »
Property passed via will to the decedents children. An affidavit regarding real estate was recorded pursuant to CGS 49-12A, but there is no executors deed. Is an actual deed necessary, or is the affidavit enough?
In order to transfer real estate from one person to another, a deed is always required. When transferring property out of a testate estate, an executor's deed is used to transfer the property to the beneficiaries, and is recorded on the land records. Additional Probate documents are also required...Read more »
I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he owned,...Read more »
There are many reasons why having an attorney is an essential part of a real estate transaction. Mainly, the deed that transfers the house to your son is a legal document that needs to conform with statutory requirements and be notarized/signed by an attorney, to be legally valid. The attorney will...Read more »
There is no way to remove a joint owner from real property without them agreeing and signing a deed to transfer it to you/your grandmother. If he will not cooperate, my advice is to consult a family law attorney to see if they can advise how it might be possible to force a division of the property...Read more »
I'm in a dispute with my landlord over shared metering in CT. He doesn't not provide us with a split bill, and cannot prove how much electricity we use. According to CGS § 16-262e, he should be liable to pay for the electricity. As far as I know he doesn't have a PURA certified sub metering system... Read more »
I recently refinanced my home and required a cosigner since I lost my job due to disability. My mother was listed on the closing documents as a borrower. On the Loan Application it states under “The title will be listed in what names: Theodore xxxxx, Elvira xxxxx. The next box states, “Manner... Read more »
From the facts you've provided, it seems as though your mom is a co-borrower on the loan/mortgage but is not a co-owner of the property itself. While this is beneficial for you, it is less beneficial for your mom. I would recommend consulting with the real estate attorney that handled your...Read more »
They should not be handwritten, they must be notarized or signed by a commissioner of the superior court (attorney), and witnesses should all be disinterested parties. The executor may not be someone receiving a share of the estate but it is recommended that they do not sign as a witness. You...Read more »
I know this sounds pretty easy but my confusion is in naming a different guardian. Do i have to specifically call her out? If i name my in-laws first and I die, does my wife share custody with them? Or does she by default get full custody, and so they would not have to look at my will for purposes... Read more »
#1. The address change should not make a material difference with regard to your will being valid.
#2. If your will disposes of the "residue" of your estate, which all well drafted wills should, then your condo would be included in that residue and would be distributed according to who you...Read more »
When the law firm handling the estate provides the final distribution checks, do they also owe (are they required to send) a copy of the final estate accounting to all of the listed beneficiaries? Or is the final accounting only due to the executor, and to the probate court? If the final accounting... Read more »
Yes, the Executor (or attorney representing the executor) is required to provide notice to all beneficiaries of an estate with regard to the final accounting. This is a Probate Court form that the Executor completes which shows all of the money that came into the estate and all of the expeneses...Read more »
I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just to make...Read more »
The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the...Read more »
co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?
Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to...Read more »
If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing...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.