This year my husband and I sold our house and bought another single-story house with the plan to move my parents in with us. My parents now live with us. They plan to sell their house that now sits empty. My parents have agreed to either give us money towards our remaining mortgage or pay us... View More
A lump sum would definitely raise red flags as a gift and would have to be justified, documented and argued. Reasonable rent is easy to justify and document. It would be good to have a written lease and have them pay you rent, you can always apply it toward extra principal payments on your...View More
He should be able to sign a waiver of qualification form and allow you to qualify without him unless the Will specifies that something different happen under the circumstances that he is not able or willing to serve.
My fiancé died intestate on June 8. No Administrator of his estate was filed and his mother was heir of succession. She died In late July before filing the affidavit of heirship on the house. Does the house now enter her estate and probate as she died with a will? Is the rest of his debt/assets... View More
Your fiance's estate would be administered as usual, except instead of his mother being his intestate heir it is now her estate since she survived him. His debts are his debts, they don't transfer to her estate. Once the debts of his estate have been paid and final distribution is made...View More
You will need to contact the Court Clerk in the jurisdiction in Hawaii where he died and go there to qualify on his estate. You will need a certified copy of his death certificate. You should be able to reimburse yourself out of the estate assets for expenses incurred in the administration of the...View More
My brother-in-law was an abusive, substance-abusing man who was not involved in the first 20 years of his daughter’s life. Ten years ago, after being diagnosed with a terminal illness, he decided he wanted to be a ‘father’ to his daughter. He told his disabled daughter (unable to work due to... View More
To sell the house for less than it's value would be a breach of fiduciary duty. However, if the other beneficiaries disclaimed their shares it would pass to whoever would take if they had predeceased, which could result in a larger share, or perhaps even the entire interest, passing to the...View More
We have one heir who probably won't sign papers for even distribution of property. Is there is an advantage here for co-executors to be appointed as listed in the will to avoid this one estranged heir and decide the outcome for the property?
The Clerk cannot refuse to qualify the Executors named in a Will admitted to probate if they meet the requirements for surety, but that does not answer your question regarding real property. The Executor doesn't automatically have authority over the real property. The Will acts as a deed to...View More
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