Deed on the house is under both our names loan is only under my name we have a car that is under his name but I drive and have made all the payments we also have two kids.
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A power of attorney grants the agent/attorney in fact authority to make decisions and take actions on your behalf, as spelled out in the POA, while you are alive. It expires at death. If you want to designate who receives property when you die, then you need a will or a trust or, in some states,... Read more »
Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.
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My aunt sold me her house in 2016, but still lived in it until her death this year. Do the household items need to be probated or are they mine since I’ve owned the house since 2016?
Contents of a house are separate from the house. IF your aunt still owned the contents when she died, then they are part of her probate estate.
I put "IF" in capital letters because that is a missing fact. Did she own them? Or did she sell them to you with the house? You... Read more »
My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »
Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.
Or, the property can be sold by the estate while still in the estate, in which case the sale... Read more »
Excluding his wife was my parents last will to exclude any in-laws what claim does his wife has on property
You did not say which state this is in, so we can only answer with a general rule. The general rule in community property states is that items a person inherits are separate property, but the heir still must be careful not to commingle assets in such as way that they become community property. An... Read more »
His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.
You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.
The property is in MO
When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »
My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »
You can probably use a Small Estate Affidavit to collect both the bank account and the mobile home. No need to file anything in court. Any probate attorney licensed in California can help you with this for a very modest fee.
My brother owned a house in Salton City, CA
Probating estates in California is very expensive. There lawyers do not bill by the hour the way they usually do in Tennessee. Instead they bill according to a statutory fee schedule that is based upon a percentage of the value of the assets. Probates in California are close to the most... Read more »
I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... Read more »
This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.
No attorney in this forum can give you any kind of... Read more »
Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?
What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »
You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »
We reside together in the state of Montana. He has a storage locker filled with valuables. My name is listed on the storage locker paper work.
You are wise to be concerned about this. Single couples need to do estate planning more than just about any other demographic! The reason is, if a single person passes without a will or trust, his or her estate goes to the next of kin NOT TO THE UNMARRIED PARTNER. Also, if ANY person becomes... Read more »
POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »
This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »
I have POA over his next of kin, his mother, I need to name a family member executor.
A person nominates an executor for his or her eventual estate in his or her will. An agent acting under a power of attorney does NOT have the authority to make or amend a will for the principal so, no, you cannot "name" an executor for another person.
Also, understand that a... Read more »
My girlfriend and I bought a house and she is the one who is on the title I have put $100,000 so far into this home increasing property value and plan to put much more into it. I am worried that if something happens and we split I will be out of everything I put in. What can I do to bind a contract... Read more »
You are very wise to be concerned about this. There is more than one way to handle this, and the correct choice depends on a lot of factors that you should discuss with an attorney. Maybe you need to be put on title with a percentage interest in the house. Or, maybe you should have your... Read more »
My son a couple years ago not sure why but, laughed and told me one day when he passed i would become a rich woman because, he had just made me beneficiary to his 401 k. i ask this because he passed from cancer recently . during a conversation with his wife who told me he had left his 401 k to... Read more »
You have multiple options, but there is not enough information here to suggest the one that is optimal. My best advice would be to contact an estate planning attorney for assistance. He or she will want to take into account your age, the ages of the children, their maturity and financial acumen,... Read more »
I am the executor of my moms estate.
I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.
As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »
An estate administration attorney can help you sort out the truth and prepare a proper accounting. This is not something that can be taught in a free legal question and answer forum.
The BEST advice that any attorney can give you is to hire an attorney to help you do this the right way. Too many times people try to do this themselves in an attempt to save money and mess it up so badly that is costs MORE to fix the problems than it would have cost had they hired an attorney at... Read more »
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