You should contact the probate court for the county the loved one lived in when they passed away. If there was a will contest it would be in the court records. If you are not sure of the county, you can call other counties in the area and any counties where the loved one used to live....View More
Generally, a will does not avoid probate. Many different factors can determine if a probate is needed, or not. For example, does she own real property? If she does, how is it titled? If she owns real property that is only in her name, you will need to probate her estate. If she does not own...View More
I believe there are several IRA accounts my dad had and that my brother is keeping them from me. I don't know how to find out if he is just claiming he is the only child and therefore entitled to all his benefits
If your father used an attorney or firm, you may be able to get information about any documents. Sometimes you can track down an attorney through passing comments, business cards, branded sticky notes, etc. The same advice would work for the IRAs, you would be looking for any mention of a...View More
It depends on the size of the CD. If it is below $23,000 you can use a form called PC 598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by the Decedent. There is no probate court involvement. Fill out the form, sign it before a notary public, attach the death...View More
certificate and they do have His Last name. I was receiving state assistance at the time. Do he have legal rights to them? No DNA test was done.No contact from with him in 7yrs, do not know where he lives. I want to change their last name? He only fathered one child after figuring out actual... View More
I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see...View More
Only the house is left in the estate which is keeping probate open. We are looking to do a Lady bird deed, but she doesn't want the house at all in her name. She has her own house and only wants 1 house in her name. Can we transfer the ownership from the personal representative to me, and let... View More
If she is the personal representative and has some interest in the house through the will, she could simply disclaim the interest to the house, deed the property to you, and close the probate. I don't think you would need a ladybird deed for the purposes of your father's estate unless...View More
I cannot find the policy and have searched her retirement and bank accounts. I was her conser/guardian and completed the probate process in 2014, A sister also came in and helped with caretaking after mom was diagnosed with dementia and deemed incompetent in 2011. I suspect this policy was... View More
I would suggest looking at her tax returns to see if the insurance company provided any documentation of interest or earnings. If you are still the conservator, you could send your letters of authority to the biggest insurance companies to see if they have any records. Many times a policy will be...View More
When the house is sold and the mortgage paid off, what is the best way to deal with any earnings he may have? And how will the earnings impact is ability to received medicaid if he needs to move to a nursing home?
If your father is single, the proceeds from the sale of the house would count against his $2,000 asset limit for Medicaid long-term care benefits. He would need to consult an elder law attorney to create a plan to save the proceeds, or spend it down, usually by paying the nursing home until the...View More
The answer is no. If a legal power of attorney was never signed the spouse would have no power over assets solely in the other spouse's name. The probate court would have to appoint a conservator to handle those assets. In practice, many couples hold their assets jointly and the competent...View More
A spouse would normally have first priority as a guardian, but that is only a starting point. If she is not the best person to serve as guardian, you can object in court and ask for a different person to be appointed. The fact that he had Alzheimer's before the marriage is not relevant...View More
My parents live 9 hrs away I live in Michigan they live in Michigan also I have 3 sisters only 1 will talk to them none of us have money and none of us want them to live with us I do not want either my mom or dad living with me nor do I feel I should be responsible for paying for a nursing home or... View More
You have no legal obligation to pay debts of your parents unless you sign an agreement to do so. In the situation you describe, I do not feel you could be legally compelled to contribute to any of their debts.
This answer assumes you are receiving SSDI, not SSI. If 65 is your full retirement age, you would be shifted from the SSDI to RSDI. Your payment amount would remain the same, it would just be paid from a different program. It will happen automatically and is really just an accounting entry for...View More
I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when...View More
You do not have to have an attorney to probate a will. However, unless it is a very simple estate, an attorney could actually save you money and prevent any missteps. Depending on the county, the probate court staff may help you decide if you should hire an attorney (even though they really...View More
They were married 38 years when my father died. They had a trust(apparently) with friend named to make decisions on finances but he is not being cooperative or transparent and dragging his feet about getting us a copy of trust. We live in South Carolina and logistics are difficult. We're... View More
Absent a different provision in the estate plan, your stepmom would have received $150,000, plus 1/2 any balance of your father's estate upon his death. Because she had no will, her default beneficiaries in Michigan would be, in the following order, (1) stepmom's parents, (2)...View More
The notice says I am missing "Notice of Continued Administration and/or Sworn Statement to Close Unsupervised Administration, Proof of Service has not been filed". The Attorney I hired was supposed to have closed the estate 2 years ago. I returned the signed and Notarized, "Sworn... View More
The proof of service lets the court know that you have served all the interested parties with the sworn statement to close. The interested parties are usually the other heirs. Sometimes a creditor may need to receive the sworn statement to close, and sometimes a government agency needs to receive...View More
from my siblings. My mother has passed and all her possessions are in a trust which is being split equally by the three of us. No one is helping me pack up the house, (I am disabled and it is causing me physical pain) or pay for any utilities, or insurance. They feel it is my responsibility because... View More
There is no law that would prevent your claim. You can try to bill the estate for the care you provided, but be prepared for a fight. Your sister is the trustee, controlling the money. She will most likely use trust assets to fight your claim; you would usually be required to use your own assets...View More
You can leave your spouse out of the will, but she will still have statutory rights to a good portion of your probate estate. A simple trust would most likely serve your purposes better. The other option is to have her sign a document releasing her statutory rights. The second option would...View More
Assuming the time for creditors to present claims has expired, you can transfer the property into the trust. Getting it into the trust is most likely the best way to handle the situation. It is usually good to be able to close the probate when an extended wait is possible. It will make the...View More
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