Plus all her personal belongings. She stated in her Will she did not want her daughters at her funeral. I have her journals that explain this. I want to know if I have rights? We lived together for 13 years. Her daughter's and sister broke into our home after her death searching for her Will.... Read more »
You did not say TO WHOM her Will leaves the 20 acres and the personal property. If you meant to say that she left those things to you, and assuming the will is valid, then, yes, you have substantial rights, and you should hire a probate attorney right away to collect everything that she left to... Read more »
The home, in Poinsett County, is not in a safe area and the attorney that wrote the will already told us we need to remove anything valuable and put it in a safe place (people are already breaking in and stealing items). We would not be prematurely splitting assets - only moving them to a secure... Read more »
You have already obtained sound legal advice.
My wife is the PR for an estate and health issues have prevented her from meeting requirements.
It sounds like your wife has a physical disability, not a legal disability. An example of a person under a legal disability would be a minor because minors cannot LEGALLY enter into contracts or receive inheritances in their own individual names.
The name of the trust does not shed any light on what the plan of distribution is at the trust creator’s death. The only way to answer that question is to review the trust instrument itself.
Power of attorney is the principles sister. She has completely gone above and beyond morally. Principle had surgery to see how far colon cancer has spread, he verbally told his daughter (a roommate) that her aunt will keep them posted about his surgery. Surgery was on 1/12/2021 and from that time... Read more »
You might have to go to court to have a guardian appointed for this individual. Guardianship will override (revoke) the power of attorney.
Properties are being sold for the estate and the attorney wants the bank account number.
You should provide to the attorney not only the bank account number but copies of all bank statements and all checks written. You should also advise the attorney regarding all properties sold and the disposition of the proceeds.
his estate between my sister and my two brothers and myself. I purchased my home 20 years ago but had to use my father to take the loan out in his name due to an ex of mine that pretty much ruined my credit. IThe original purchase price was 55K and the balance of the loan was 27K when he passed. I... Read more »
This is the unfortunate result of the documentation not matching reality. Had you hired an attorney when you bought the house, he or she would have helped you and your dad document the fact that you were meant to be the beneficial owner. There are other things you could have done as well, but now... Read more »
Also my mom was in a nursing home when she contracted covid-19. She died from complications of covid 11/14/20. They were under stay at home orders so no visitors were allowed. An employee brought covid into the nursing home. What are my options in sueing this nursing home.
The trustee and his or her attorney most likely are not returning your calls because they do not represent YOU. YOU need to hire a trust administration attorney to represent YOU. It could be that you simply don't know the right questions to ask and what information you are entitled to. A... Read more »
No will but everyone knew he wanted the house to go to his son. No will and no probate
There are too many missing facts to answer this question. Take a copy of the current deed to the house and the last two deeds before that and a copy of a death certificate for your boyfriend to an attorney that practices both probate and real estate litigation.
It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job
This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... Read more »
She told me to withdraw the money if she died suddenly - her will was not complete - she gave me PIN number I did - she also told me to use credit card I did - family wants money back ? What do I do - I have a paper I wrote down and she initialed it before she died - she died suddenly without... Read more »
This is a really sad situation. Your friend did not engage in proper estate planning and you could end up being the victim of that. Most likely you are going to have to return the money. In situations like this you need to be able to produce SOMETHING in writing, signed by the decedent, that... Read more »
We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you
You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the... Read more »
It depends on how severe the beach is. If, for example, the breach amounts to theft or conversion then, yes, it is possible. Breach of fiduciary duty is first and foremost a civil offense, and there is typically no criminal liability for civil offenses, but there is some overlap between civil... Read more »
The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.
It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.
You need to hire a real estate litigation attorney to file a quiet title action against the seller.
What steps must the purchaser take to recover the Mineral Rights from the seller
Usually when a seller reserves mineral rights, they reserve them forever. You might think about negotiating a lower price because you will be getting less than you originally expected, or say no to the reservation of mineral rights, or say yes to only a partial reservation.
Married, 3 adult children
I am assuming you are talking about a person who has died. The purpose of probate is to change the title of assets owned by a decedent. If the decedent had no assets then there is no need for probate.
My parents have passed on this last August and my sister is now the trustor. If I were to buy her out and take ownership of the house prior to February 15, 2021 would I qualify for a reassessment exclusion? It would not be our primary residence.
There is no exclusion from reassessment for sibling-to-sibling transfers.
You should consult with an attorney to see if the trust would allow the house to be distributed to you alone and other things of equal value to be distributed to your sister alone.
Another more complicated... Read more »
A probate attorney can help you with this. To find one near you, click on Find a Lawyer above.
They advised I wait a few months to see if any debits or credits came in. I thought after 90 days I could wait a few weeks and do the final accounting. I did of course do the 90 day notice to creditors in legal but I didn't mail or hand deliver any notices. Thanks.
Do you have a question? If so, you should try posting again.
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