My brother and sister are the executors for my fathers date.. They elected to pay a lawyer because they were asked questions about the finances. It’s been over a year and no final accounting and they continue to file extensions. Now the lawyer is ill in the ICU and brother says they can not-... Read more »
I am not licensed in SC, but I am licensed in six other states, and that would not ring true in any of them. If you want to fire your existing, incapacitated attorney and hire a healthy, upright attorney, I believe you can, and you should, of course.
Our mortgage and deed documents say "husband and wife." We want to continue to both own the property, but we're concerned if one of us were to pass away, what that would mean for passing the property automatically to the other since we are no longer married. Our wills state that the other should... Read more »
You need to update the title to the house so that it conforms to your divorce decree. Was it awarded to the two of you in equal shares? Then update the title so that you each own a 50% undivided interest as tenants in common. A real estate attorney can help you with this.
I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »
My sister was seeing a man for a few yrs that was older than her. He had no family and wasn't married and wanted to leave everything to her. He had several homes and was very wealthy. About 2 yrs ago he drew up a power of attorney leaving everything to her and had it notarized with 2 witnesses. He... Read more »
A power of attorney by itself does not transfer anything to anyone, and it expires at death. Unless there are additional or different facts the estate needs to be probated and will pass to the man’s intestate heirs.
It sounds like you are a married couple and your plan of distribution at the first death is "survivor takes all". That being the case, utilizing death beneficiary designations or joint tenancy with survivorship title holding is effective to vest ownership in those assets in the survivor. However,...Read more »
My Dad to be the owner of my estate until my daughters are of age to take over. I do not want my ex-wife to be in charge of my estate since my daughters are only 7 and 10. How would I do this? I have a will, but it is when I was married
A revocable living trust would suit your purpose quite well. You would leave your estate to your dad in trust for your children. There are many, many other issues to consider but that is the essence of it. You might also think about using a professional trustee instead, however. I say that because...Read more »
There is a way to accomplish this but I would not recommend a will. A revocable living trust would be better. You can then reserve a lifetime right of occupancy for your husband with the remainder to your children. This is an oversimplification, however, as there are many issues to consider. An...Read more »
Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the...Read more »
I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... Read more »
The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until you reach your...Read more »
No. For this purpose you and your revocable trust are considered one and the same, as if your trust did not exist, and you can't rent to yourself. There are better, more effective ways to achieve your goals but you must plan way ahead. See an elder law attorney.
Check your purchase contract to see if you have a financing contingency. If you were working with a real estate agent or any attorney, most likely it does. If it contains a financing contingency, meaning you don't have to purchase if you can't get a loan, then follow the procedure in the contract...Read more »
My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... Read more »
Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option...Read more »
If the executor has the authority to sell, only the executor needs to be there. A probate attorney can help determine that or you can direct your question to the title company that is going to insure the sale to the buyer.
My stepsister forged my mothers death certificate by saying she is my deceased mothers child, but in fact she is not related to my mother at all. The funeral director knowingly lied also, as he had conducted my step sisters mothers funeral a few years before my mother died. I was out of state... Read more »
All of the acts you describe are wrongful, and the law does supply remedies for such wrongful acts, but you are going to find it very difficult to pursue your remedies on your own. Start by scheduling an appointment with a probate litigation attorney in the vicinity of where you mother had lived.
I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »
You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.
The lawyer is probably in Santa Clara county, but could be in a neighboring county. Thank you in advance! He had no copy of the will. His estate is only a older car and a small amount of money in the bank
My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... Read more »
First, you need to hire a probate attorney to probate your grandfather’s estate and get the property into your dad’s and uncle’s names. After that your dad and uncle can sign a deed transferring the property to you. You should hire a real estate attorney to help you do that correctly.
I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.