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I'm not beneficiary but I am his son. Is probate court nessisary?
answered on Jul 12, 2017
Having access to an account is much different than being a joint owner on the account. So, this bit of information would need to be clarified before you can get an accurate answer to your question. Additionally it would need to be known if he had any other assets in his estate at the date of his... View More 
and there may not be enough money to cover bills in estate
answered on Jul 12, 2017
There is not enough information provided here to give an accurate answer, I apologize for that. If someone dies owning a vehicle solely in their name and they have not designated a beneficiary of the car on the back of the registration, then Probate needs to be opened to transfer ownership of the... View More
Mother had to wait for my step-fathers death cert, since it was pending toxicology report, to enter Probate. But then writers mother died 6 weeks later while Probate wasn't started for stepfather yet. Now, who starts the Probate process? The biological son of the mother is the Executor of... View More
answered on Jul 12, 2017
Executor (son) should file to open mom's estate. Since my has now died, the back-up Executor for dad's estate should file to open his estate. If there is no back up then the Executor of Mom's estate could make the filing as well. However, this may require more information to give a... View More
signed a piece of paper a number of years ago saying I had no claim to the property. Thought it was in case we ever got divorced. My husband had no will. We had three children together that are all grown.
answered on Jul 12, 2017
If he owned the property joint with rights of survivorship with his sisters, then upon his death his share of the property would pass automatically to the sisters. If they had joint but separate interests in the property then his estate would have the right to his share of the property. I would... View More
My father passed away with no will and his assets would likely go to me as next of kin. Would I automatically receive the house itself or would it be sold so that the credit card bills could be paid? Leaving me only with what was left over? He had no cash in his estate. Or could the... View More
answered on Jul 12, 2017
If this is a CT property, ancillary probate must be opened in CT. Consult with a local probate attorney in CT and they can gather the required information from you to determine the best course of action to be taken. Best of luck.
CT divorced, non-custodial father w/ 2.5 year divorce decree in effect (which does not address this issue or anything proximate to it, yet does explicitly details visitation agreement/schedule and joint legal custody). all children reside with ex-wife and new husband. ex wants to allow twin minor... View More
answered on Jan 19, 2017
If your ex-wife is '"assisting" your minor daughters with petitioning the local probate court to change their last names, she would have to prove, beyond a preponderance of the evidence, that the name change is in the child's best interest. Technically they would need to apply... View More
My dad left my sisters and I a will stating us as his sole heirs. My aunt was executor of estates in the will. She told my sister when she went to visit in Puerto Rico that she rented the house and restaurant in Jayuya, Puerto Rico and put the money in the bank account he left us to pay for the... View More
answered on Jan 19, 2017
You need to consult a Puerto Rico attorney if that is where your father's estate is being probated (wrapped up in the court). This is a very specific situation that would need to be handled by someone who is in Puerto Rico.
Can she put her father's inheritance in her bank account instead of mine?
answered on Jan 19, 2017
I am sorry, but your question is not very clear. I don't know of any legal rules regarding a beneficiary of an estate needing to have a fiance or husband in order to received said inheritance. I'm also unsure why there is a question about the money going into her bank account versus... View More
answered on Jan 19, 2017
Yes. This petition can be made with the local probate court in the jurisdiction where your father died. If your father had no specific instructions as to who should handle his remains, the probate court would hear your plea and determine if a change should be made. You may want to consult a probate... View More
answered on Jan 19, 2017
Your PI attorney should be able to assist and guide you with this. It looks as though your question got cut-off, but I believe the Connecticut Uniform Transfer to Minors Act applies here and either you need to be made custodian or be appointed by the Probate court as guardian of the estate of the... View More
do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.
answered on Jan 19, 2017
This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... View More
there is no probate everything else was joint - boat only thing not
answered on Jan 19, 2017
Probate would need to be opened in order to change title of the boat to the wife. I would recommend consulting a probate attorney or contacting the local probate court to see if they can guide you if you'd like to try to do it on your own. Good luck!
My grandparents had two heirs, my father and his brother, my uncle. They split my grandparents' estate between them, as provided in the will. My father was the executor, but he passed in 2009. My uncle is still alive. I have siblings and my uncle has children as well. Thank you.
answered on Jan 19, 2017
To get an answer that would be the most helpful for you, I would recommend consulting an attorney and bringing any documentation in reference to the policy with you. If you have the policy document in front of you it may also be best just to call the life insurance company and inquire about making... View More
answered on Mar 16, 2016
You should ask this in the Florida questions section to get a state specific answer to your question. Good Luck!
answered on Mar 16, 2016
real property is property that is fixed to a piece of land. Typically this is a house built on a plot of land.
The owners of the cabin have since passed away. What are my rights to the cabin? There is no title, but there is a certificate of ownership by the deceased.
answered on Mar 16, 2016
You should ask this question in the Texas section to get a state specific answer- Good luck!
Need information that applies to New York, Connecticut and the US overall.
answered on Mar 16, 2016
A conservatorship may be terminated when the person who is conserved makes a request in writing for the Probate Court to terminate the conservatorship. Generally the Court must hold a hearing within thirty days. The conserved person only needs to show that the conservatorship is no longer... View More
answered on Mar 13, 2016
The answer to this would depend on a number of factors including the powers given to the POA in the authorizing document. If you are POA and are considering establishing a trust, you should definitely be working closely with an attorney to determine if this is the best course of action. At that... View More
I want to have a document of some sort that states if my husband and I die, my son is to be placed in the custody of my best friend. If I type a document and have it notarized with both of our signatures will it be legally upheld in the case that we do both pass away? Or is there something else I... View More
answered on Mar 13, 2016
If both you and your husband were to pass away without a will in place stating who you would like to name as guardian of your son, the Probate Court would decide who is appointed to this position. The Probate Court may take into consideraton this document when making its decision, but only if it is... View More
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