I understand I have to wait 15 months after the executor was assigned to request the accounting. Then I know once I find a lawyer, that they will write up some kind of demand letter to the court. I'm curious what happens then. Does the court notify the executor? Do we have him served? Is there a... Read more »
My father passed away and I live in his house, my brother doesn't want anything out if it and said he will sign whatever needs to be signed, I had another brother who passed away, he had 4 kids they will all sign as well, what paperwork do I need to file? We do not want to go to probate, would an... Read more »
In theory, if your father left nothing but the house and had no debts (owed no income or property or other taxes, had no medical or funeral expenses, had no credit card debt, never used Medicaid, etc.), a title company would accept an Affidavit of Heirship and you could avoid probate. A court...Read more »
The agent under a power of attorney can do no more than the person granting it. If that person is a convicted felon who has not had his rights restored, he cannot act as administrator of the estate and neither can his agent.
An Affidavit of Heirship only passes title to real property and...Read more »
My parents are going to gift one of their properties to me and my adult disabled child. There will be a substantial capital gains tax on this property. How do we go about transferring ownership without a realtor? When and how will this capital gains tax be due?
When a property received by gift is sold, capital gains taxes are due on the difference between the net sale price and the value of the property at the time of the last prior sale -- not at the time of the gift. As the years pass, this could be hefty.
Her house is titled solely in her name. She has no surviving spouse or minor dependent children. It has been almost 2 months since her death and we have not received a letter of intent (LOI) from MERP. She had no will and since the house is her only asset, we do not plan to open a probate. In... Read more »
If your mother named your brother and the court appointed him, only the court can remove him. You can petition the court to remove him if he has not produced an accounting within 60 days following your demand after 15 months or if he has not distributed the estate after two years or if you have...Read more »
Depending on what is in the estate and on your relationship to the deceased, you and all the other heirs may be able to file an Affidavit of Small Estate. When people try to do these without a lawyer, about half are denied. There are some detailed, perhaps rather persnickety, requirements. Hire...Read more »
How unfortunate! While an executor is required to preserve the estate, you cannot pay what you do not have. Maybe you can revisit the situation with the realtor to determine what can be done to sell the house.
His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »
You as beneficiary may submit the original Will or, if you cannot obtain it, a copy of the original Will for probate. You will need the help of a probate lawyer who practices in the county where your friend lived and died.
Am I required to disclose the amount to anyone? Do I have to split it with anyone? Am I supposed to use it to pay his bills? He did have life insurance with another relative listed as the beneficiary. He also owned his home and his vehicles. I want to make sure I'm doing the right thing.
Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want to show us the... Read more »
The will states that if I contest or attack the will I lose my inheritance. It also states that we can no go to court over the administration of the estate other than all the filings the executor has to file with the court. But can I take the executor to court if hes being fishy about things? He... Read more »
Some Wills allow the executor to make distributions before paying all the creditors. You might want to review the Will before concluding that the action was "fishy." If an executor does not provide an accounting, you may hire an attorney to file a Motion for an Order to Show Cause. If the Court...Read more »
The executor of our will is saying that he does not to show us any paperwork except the will. We asked to see the paperwork to show how he came up with the inheritance amount but hes saying he doesn't have to show us. It's being split between 2 people. There's a sale of a condo, then repayment... Read more »
I'm the only beneficiary for mom.when she died we didnt k ow she had a will so my stepdad became the beneficiary. He gave me a choice to sell or move into my home now which belonged to mom. Theres a note in his name and I'm supposed to be paying this but due to financial strain he has been and is... Read more »
The date of the Will generally does not matter. A Will which is submitted for probate more than four years after the date of death can only be used to pass title. You cannot just take it to the courthouse. You must hire a local probate lawyer to represent you. Considering the complications you...Read more »
Legal capacity to sign a Will is not determined by whether or not one is in hospice. You might want to contact a local elder lawyer: we make house calls. If so, use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (eee.naela.org)
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