You need to talk to an experienced probate lawyer in your state. In many states, the surviving spouse may have a "forced share" of the decedent's estate even if the decedent tried to disown or limit the spouse's share. Also, you may have a homestead interest in the marital...Read more »
Unfortunately, the answer is probably no. The insurance money is paid by contract with the insurance company and is not property of your father's probate estate. The Will therefore does not act upon those funds. Unless there are some unmentioned circumstances, your brother does not have to...Read more »
Insurance Company recently discovered a small policy of Mother who passed in 2001. Father (husband) passed a few years after Mom. Five siblings survive. There's no will, no estate and we gave the insurance company the death certificates. What is needed to get this small amount to the siblings?
Most states have what are called "small estate affidavits" or "affidavits of heirship", which allow the heirs to swear under penalties of perjury to certain facts, such as: that your mom has died; that she left no will; that no probate proceeding has been started for her...Read more »
The home is in my mother's name, but I and my family live in it. Current tax appraisal of home is $49k, and Alabama Medicaid advised me to list it for $50 -55k, but $60k is still owed on the mortgage. Will they force us to continue to try and sell, even though they would get nothing, or is... Read more »
The guardianship over your uncle ceased when he died. The guardian at that point should have filed a Final Account and request to formally terminate the guardianship. If the guardian did not do so, they may be held to account and possibly to pay damages for any property that has have not been...Read more »
Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership...Read more »
The property was to b inherited by my aunt . She died b4 probate was completed leaving her kids as inheritors. They evicted me from property I had lived on 10+yrs. Over a year later we were notified the probate was done incorrectly therefore invalid. Was my eviction legal
More information is needed in order to answer your question. It depends on the terms of his Will and how it was written. It may also depend on who else of your grandfather's heirs were alive when he died. Your rights, if any, may also be cut off by appeals deadlines or statutes of...Read more »
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...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... 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...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...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...Read more »
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