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...Read more »
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...Read 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... Read more »
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...Read 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.
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...Read 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... Read more »
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... Read more »
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...Read 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... Read more »
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.
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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.
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...Read more »
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...Read more »
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...Read 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... Read more »
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...Read more »
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