At a minimum, you should include who should receive your assets and who should serve as your personal representative. If you want your will to be effective, you also need to understand the execution requirements for a valid will, otherwise it probably won't be used.

Without more information, that is a tough call. Did the car have any value above the lien amount? If not, then the estate didn't really lose anything. Was someone still making the payments? If not, then the lien holder may have been able to repossess it anyway. Strictly speaking, the real... View More

You can attempt to have a personal representative appointmented to manage the property until the will is found, if ever, or another determination is made as to ownership. However, the tenants may be able to stall eviction if they can show they are entitled or possibly entitled to live in the condo.

Depending on the value of the properties, the heirs could use a small estate affidavit to transfer the properties to themselves without the need for a full probate. The court probably has the forms on its website, depending on what county they are in.

A personal representative can make in-kind distribution of assets to the beneficiaries. These distributions, of course, count toward their total share of the estate.

The answer to most of your questions is to get guardianship of your mom. You will then be able to get her appropriate placement, even against her will. You will need to show that she is incapacitated and unable to care for herself. This is usually done with a doctor's report. Once you have... View More

Your mom could be evicted if the lease is not renewed. APS may get involved or at least investigate the situation. Guardianship sounds like a viable option, but you would be responsible for getting her placed somewhere safe.

The amount of information you are entitled to depends on whether the assets are held in an estate or trust. If it is an estate, the personal representative must give you an initial inventory from the date of death and an income and expense report (i.e. accounting) from then until final... View More

Because the estate is proceeding under NM law, you will need to ask NM attorney for sure. Frankly, the estate will probably need to sell the vehicles to clear title and pay off the lienholders.

Generally, you do not need court approval if the probate is unsupervised. You may want to seek agreement of the heirs and beneficiaries though.

You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.

If you grandma is still alive, then she would be the owner. If both of them are now deceased, then you may need to open a probate to transfer the deed to the property to the heirs.

You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and... View More

As personal representative, your wife can demand the return of the property that would belong to the estate and get a court order against the girlfriend if necessary.

If there is no will, then his kids may have equal rights if the kids are also not your kids. Otherwise, the surviving spouse it top of the list.

Contact the family friend directly. The trustee has a duty to provide information to beneficiaries and to make the distributions fairly. The trustee should be able to tell you exactly what you are entitled to, including the total amount, if known. The trustee can also cancel checks or try to... View More

The short answer is yes. Depending on where you are in the probate process, you may be able to get an agreement by the heirs and nominated executor to have someone else appointed. Usually, the court will accept such an agreement and make the appointment accordingly. If no such agreement is... View More

It depends on whether the check is made out to your brother personally or to him as executor for your dad. If he was personally named as the beneficiary of the policy, then it is probably his money. If it was designated to go to your dad or his estate, then it should be put into an estate account... View More

You can do a new will that revokes the previous one and names a new personal representative. Alternatively, you can draft a codicil (i.e. will amendment) and name a new personal representative.

Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.