If the check is made out to you individually as the designated beneficiary of the account, it is considered a non-probate asset and therefore does not need to be deposited into the estate bank account, but can pass to you individually. I don't see how it could deposit the check unless you... View More

If you have no money to pay an attorney up front, you might want to see if you can find an attorney that believes the case will be successful and may take your case on a contingency basis. If an attorney does not think any money will be recovered, they may not take the case, or may require up front... View More

It definitely depends what the Will itself says. Sometimes a deceased beneficiary's share does pass to his/her children. Other times it can lapse and in effect pass to the remaining named beneficiaries. It truly depends on how the will is worded. When the estate goes through probate you will... View More

The Will must still be filed with the Probate Court. If you are named Executor in the Will, the Court will go through the process of admitting the Will and appointing you as Executor. Without that appointment from the Court, you are not authorized to sell the home. The fact that the Will states you... View 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.... View More

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... View 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... View More

Pay off the judgment lien either directly or sell the property and pay the lien upon the sale. Then you will get a release of lien to record on the land records. That's how they get released.

There is no limitation on the amount of time it takes to place a judgment lien on property. Judgment liens are valid for 20 years.

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... View 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... View More

Please advise what your question is specifically in order to receive a helpful answer. Thanks!

Contact the town assessor's office to ask this question of the assessor. The property should be reassessed. If it was incorrect they may answer that question for you.

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... View 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... View More

It is always recommended that you see the assistance of a licensed attorney to drafting your Will. DIY Wills can cause more harm then good if not executed properly.

#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... View 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... View 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... View More

You have no legal right to this money just by virtue of being together for 30 years. If you have any written agreement for money he owes you, that would be your only recourse.

I recommend that he leave you anything he wishes to in his Will.