You're correct; if you're an heir or legatee of an estate, the court will require the attorney for the proposed executor or administrator to send notice (when to send notice depends on whether the Decedent died with or without a will). It's possible the matter has been continued to give notice....Read more »
Heirs don't pay estate taxes; the estate itself might pay estate tax, if the estate exceeds $11,180,000.00 in 2018. The estate may also be subject to income tax if the Decedent earned income that year (the same way a person pays their own income tax each year), or other taxes. Please note, you...Read more »
My sister, who is in an assisted living facility and on medicaid, will be getting part of a settlement of a class action suit from the village she lived in before moving to the living facility. Our mom lived with her and got sick drinking the water in their condo and filed with the class action... Read more »
I'm sorry to hear about this situation. An easy solution might be to spend the money in the months its received an a Medicaid-eligible purchase, such as a prepaid funeral/burial. In this case, as in all cases, you should connect directly with an elder law attorney and discuss the specifics further....Read more »
Im next to kin. When I went to get his ashes they also gave me his debit card. We werent talking at the time he died. I highly doubt he has anymore than a few hundred dollars in it, if that. Him and his wife were on a motorcycle and hit a semi head on. Both pronounced dead at the scene. His bank... Read more »
If dad passed without owning real property and the assets total less than $100,000.00, it's possible you can use what's called a small estate affidavit to pass the property. Please note, if you use one, you'd be swearing by penalty of perjury as to its contents, which you might not have a grasp on...Read more »
I hope you feel comfortable with the attorney you've likely hired to assist you in the probate process. I am not an Arizona attorney and can't speak to Arizona law, but in Illinois, we have a 6 month creditor/claims time period. Very little happens in that time; we simply wait...Read more »
Generally, estates are subject to probate in Illinois if there is more than $100,000.00 or the person owned real estate. If there's no real estate, or the amount of other assets is less than $100,000.00, a document called a Small Estate Affidavit can be used.
No affv., no letters of office, refusal of copy of anything ive supposed to have signed, executor getting early advances for personal reasons without heirs knowing, and others heirs being refused advances, heirs being blocked from clio portals from seeing whats going on or info being sent to... Read more »
You should be able to consult with the executor and his/her attorney. Alternatively, you can go to the court clerk's office and request to look at the file yourself. Additionally, you can hire an attorney whose job it is to advise you of our rights and secure access to information.
A family memeber has been left soiled and fell off the bed we were never told we found out from another patient who had to get aCNA to help them we have a lot of documentation (pictures) of things that should not be done or should have been done and were not
Depending on the amount of the check, and if your sister had any other assets, you may or may not be able to avoid probate to cash the check. There are other considerations, including heirship and potential creditors.
You should contact a probate attorney in your county.
The best way to strategize your estate plan is likely a simple, revocable trust, though you should call an attorney in your area to have a more thorough evaluation first. You likely want to avoid probate, and a trust will accomplish that.
"Probate" doesn't get anything. In Illinois, if someone dies without a will, trust, beneficiary designations, or joint owners, then yes, if the total assets are over $100,000 or there is real property, the assets will GO THROUGH probate, and yes, probate laws have their own...Read more »
my husband and I have been together 11 years. We had a up and down relationship due to his mental health issues. It cause him to be violent at times which caused domestic abuse. He recently passed in a facility and I contacted a lawyer to look into his death because I felt something wasn't right.... Read more »
Based on what you've said, there seems to be no reason why you couldn't act as the independent administrator. You should contact an attorney who focuses his or her practice on probate, and he or she can also point you in the right direction to find an attorney who can look into your husband's cause...Read more »
This answer completely depends on what action or treatment you find to be negligent or abusive. Attorneys who practice in elder law and personal injury should be contacted as soon as possible to learn more in order to help you.
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