My husband is executor of my mothers will, however a check made out to me (as I was the beneficiary of an account) arrived. He wants to deposit it into an estate account along with checks from another account that is part of the estate so that he can distribute evenly between me and my sisters,... View More
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
Conservator fabricated paperwork and made it seem like I didn't exist and had a invalid will made for her own financial gain. He had $189,000.00 at time of death, all Bill's were paid and the state is in possession of $92,000.00 left. I've wrote letters to the courts but can't... 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
My mother had other siblings that are named along with her. Her brother was of sound mind and knew my mother died over 20 years ago. My mother had a husband at the time of her death. Is he entitled? Thanks
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
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... 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
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...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
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
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... View 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... View 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...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
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... View 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... 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
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