We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »
Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate...Read more »
My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »
You don’t say whether she is physically or mentally incapacitated. If she is mentally incapacitated she can give someone a power of attorney since she lacks the requisite mental ability to give someone a valid power of attorney. If she is physically incapacitated she should give the power of...Read more »
title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »
There is really nothing you can do since the title company will not close the transaction. Someone needs to find a copy of the trust documents to prove they have the right to sell the property. Otherwise you will have to have them go to court to clear the title.
If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough
A close relative passed away a month ago and his "companion" filed an earlier invalid (according to her) version of his will with the court. She advised the family after his passing that he had a new will drawn up after this previous version but opted not to inform anyone other than her.... Read more »
A will must be filed in a probate proceeding and the court will determine its validity. Was the prior will revoked in this “new Will.” This must be brought to the court’s attention in a probate proceeding. You need to hire a probate attorney to file the case.
What does the will say? You are not an heir unless the estate is intestate. You may be a beneficiary of the will and if it is probated you would be notified. Whether you have a right to see all the documents is dependent on state law. I would suggest you consult with a Texas probate attorney to...Read more »
Not sure what the status of this loan is. Is it tied to a specific property? Is it a promissory note with terms and conditions, interest rate etc. will it be recorded? This is a very open-ended question and many more details required.
My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »
You need to hire a probate lawyer to open a probate to administer the estate. A will only nominates the executor or personal representative and it up to the probate court to appoint the executor and carry out the will. All of you would have to agree to selling the property.
He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... Read more »
There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.
My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »
It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid...Read more »
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