Generally speaking, probate matters do not actually go to court like you may be thinking. The clerk's office will handle much of the estate and potentially the estate will hire a lawyer to assist them. What you need to do is find out who the new owner(s) of the property are and where to send...Read more »
Once you start the guardianship process, a guardian ad litem (GAL) will be appointed. They should be able to access some of these records; I highly advise that you get legal help in this matter, not just for the initial hearing but also for the subsequent duties that fall on the appointed guardian.
" I hereby give, devise, and bequeath my entire estate to" does this type of language allow one to bypass listing items ( car, stocks, accounts, etc.) without the beneficiary's name on it on the AOC-505? It is my understanding that items with the beneficiary's name on them or... Read more »
I would have to review both the will and the related documents to give specific advice as to what needed to be listed. But generally speaking if the property is passing through the estate then it needs to be on the inventory.
I have to disagree with Mr. Avery's assessment of this situation. While probate may not have occurred, that would not change the situation. I have not seen the will or the deed into your father, and until a lawyer has seen both of these documents, any advice is just a guess and not an accurate...Read more »
Depends on whether or not your mother left a will and the size of her estate. If it is a small estate then talk to the local clerk and you can try and handle everything yourself, or if you would feel more comfortable, hire an attorney to assist you in the process.
THe first Buyers that we were under contract with backed out of the contract 14 days after the contracted settlement date and weeks after Due Dilligence had expired. The closing attorney that represented the, last I heard because the attorney no longer responds to my emails or calls, has the money... Read more »
I am the only surviving sibling. My nephew is saying he’s entitled to $130,000 and that I will get $40,000 and other nieces and nephews will get $14,000 a piece. I don’t think my nephew should get that much. What can I do ??? I’m seeing a lawyer on 4-12-21. But there trying to wrap things up... Read more »
My father in law bought a home for my husband and I and we lived there for 14 years. My estranged husband and his father are on the deed. My name is not, although I made the payments for 9 of the 14 years I lived in the home. My father in law is trying to sell the house and needs my signature on... Read more »
This is a matter for the divorce settlement, you have very limited rights under real property law. In order for the house to be sold while you are married, you must sign the deed but likely you cannot be forced to sign.
Contract was signed under false pretense that the houses on the land would be fixed up and lived in. A man showed up to put up a for sale sign on property before sale was finalized date on contract. Also information was incorrect on the contract/marked out and correct information written in but not... Read more »
Depends on what you mean by property, real property passes outside the estate unless specifically brought into the estate. However, with most married couples the property automatically passes to the surviving spouse by virtue of the deed. Bank accounts and stocks are very similar, where they...Read more »
Land sits the family church they allowed to be built giving them a parking area and a small yard and a fence to divide properties. This was done 40 years ago. The family found a buyer who had land surveyed & decided to buy. They close this week but the buyer now says he wants to remove fence... Read more »
As Mr. Lohr said a prenup is the only way to completely disinherit a spouse.
If you want to not redo a will or get a prenup. There are ways you can prevent the will from distributing assets. You can put your side of the family as right of survivorship on all of the accounts and make a new...Read more »
Hopefully, it was filed for safekeeping at the local clerk of court's office. I would check there, they will not let you look at it until it is probated but they should be able to tell you if they are keeping one for him.
The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »
She also stated she was never stepping foot on land again and was never speaking to me again. She has proved that by not paying any expenses. Can the deed now be put in mine name only. The property is in N.C.
You file a partition motion and ask for the land to be sold and the proceeds split amongst the family. I would highly advise hiring an attorney to assist with this process as there are many steps that have to be followed in a specific manner.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.