My fathers mother passed away a few months ago. There are six siblings in all. They do not all agree on how the land with the home is to be divided. The will states that all assets are to be divided equally (only asset is the land and family home). One of the brothers had the land surveyed and... Read more »
The short answer is maybe. There are generally two options when co-owners are partitioning or being subjected to partition of land: (a) in kind (what has been proposed by the surveying sibling); or (b) by sale and dividing the proceeds. If one of the siblings files a suit or demand for...Read more »
house collecting $1,200 a month from renters in the duplex. What can I do in NYC to get this house sold. The market is good and the house is at $700,000. Two years ago it was appraised for $580,000. Can I resubmit a new appraisal to probate court as an heir
If you are an heir to your father's estate, you can probably force a sale of the property or for your brother to buy you out. It's a remedy called "partition", which is the right of a co-owner to get the value of his interest and get separated from his co-owners. You can probably force a...Read more »
A woman owned a home which was in her name only. In her will, she left the will to her husband for the rest of his life then to their children (she had children from a 1st husband, and he had children from a 1st wife). How can all of the children secure their interests? If the home is put into the... Read more »
You need to take a copy of her Will to an experience probate lawyer. If the property was her separate property at the time she married her new spouse, she kept it separate, and she left him a life estate in it by her Will, then he most likely received from her only a life estate in the property...Read more »
My ex husband died in 2016 with no will, leaving a home that I believed to be titled as joint tenancy, but which I've learned is worded as tenancy in common. I've lived in, paid all taxes on, maintained and improved the home by myself for the last 28 years since we divorced, and wish to remain in... Read more »
You might start by reviewing your divorce decree. If the property division gave you sole ownership of the house (subject to any mortgages, etc.) but the decree wasn’t recorded in the land records, all you may need to do is record it to be the sole owner (or you may have to sue to quiet title)....Read more »
Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your...Read more »
He was sequestered from me by my brother, a new will was produced dated 6 days before he died of cancer, specifically excluding me and naming my brother sole beneficiary and I did not receive proper notice of the hearing. My other brother, though estranged, was not listed in the will as a... Read more »
There appears to be a strong possibility of fraud or undue influence in having your father sign the will. You will need a lawyer to contest it in the probate matter. There is also a strong possibility that the estranged son is a pretermitted heir, since your father failed to name him either as a...Read more »
Most states have "small estate" affidavits or affidavits of heirship that permit heirs to transfer car titles, obtain cash from banks or insurance companies, etc., as long as the heir will swear under oath as to certain facts such as: names and addresses of all of the decedent's heirs, that all...Read more »
I was only married for 4 months. I never signed the promissory note and he acquired the home prior to our marriage. Although I am his only heir, I would like to simply walk away from the house. Can I do this without repercussion?
You are probably not liable for repaying the note and mortgage, since you didn’t sign them, though you might have to pay the loan off if you want to keep the house. Thus you can probably let the house go back to the lender, but you shouldn’t just walk away without facing the issues and...Read more »
This is a fact intensive issue that will turn on the evidence you can gather to show that her intent was to name you as TOD beneficiary. Gather every document that has to do with their dealings with USAA, their financial advisor, banks, brokerages, etc., and anyone else in the chain of...Read more »
Find out what county it was probated in and search online for access to court records of that probate court. The attorney's name will show up in the docket sheets and on his or her pleadings in the case. Good luck.
My husbands grandmother passed and her property is almost up for taxes. It is his step dad’s mother but he raised him. None of the other family want anything with us (they are druggies and we are law enforcement) and they have no funds to probate and don’t wish to. They want to mooch off of the... Read more »
There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be able...Read more »
Your mother's estate is probably answerable for her debts, but her heirs are not personally liable for those debts (unless they obligated themselves by co-signing a contract or note or something similar). The inheritances of your mother's heirs would be reduced by the payments of her debts from...Read more »
In the will, my mothers house has all the siblings as heirs. My sister wants it for her daughter. So she refuses to finalize on the estate until they can financially afford it, which leaves the house empty for the last 2 years. What can we do or say to get things finished? According to the will... Read more »
Talk to a lawyer. Forcing the executrix to close the estate and distribute it does not constitute a challenge to the Will but is simply asking that it be enforced, which does not run afowl of the 'no challenge' clause. If you are a beneficiary in the will, you can also petition the court to...Read more »
Only thing left is transfer of her mothers 2 bank accounts. Here is problem. My wife is stage 4 lung cancer, very near death and unable to complete the transfer. Can a new executor of her mothers will be appointed (there is noone else in family) or better to wait until my wife passes. Oh, and we... Read more »
Contact her lawyer for the probate matter and tell him or her the problem. They will help you. You may be able to be appointed, if you're qualified. The lawyer can tell you. Don't wait. It won't get easier. Best wishes.
She didn't have a will and he wants it solely in his name, does he need to go through probate court and get a lawyer? Or is this something he can do himself. only surviving daughter isn't wanting the property
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change title. If the...Read more »
I would need more information before I could answer your question.
The most important question is: How are your father's real properties titled? If he owns one or more of them as a "joint tenant with right of survivorship" and your father dies first, his co-owner will be left as the...Read more »
My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... Read more »
Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since...Read more »
Possibly. It depends on the title: what was the nature of her parents' title? (I'm assuming for this comment that neither of them deeded the property to anyone else and one or both of them owned the property when they died.) . If they were the sole owners as joint tenants with right of...Read more »
I assume from your questions that there is a valid last will and testament and that your father did not have assets in California that necessitated its being probated. Whether the Will must be probated in NY depends on the nature of your father’s real estate ownership there. For example, if...Read more »
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