If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in... Read more »
My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... Read more »
You are required to provide notice in a publication of general circulation in the county in which the estate is being administered. You would only do this for heirs that you cannot locate, as their is no obligation to notify most creditors.
If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an...Read more »
At a minimum the executor should wait 6 months from the date of death as that is the time creditors have to file claims against the estate. However, the time frame can vary greatly depending the size and complexity of the estate.
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If...Read more »
In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?
They won't. Your will does not control assets with beneficiary designations. You will need to trust your children to follow wishes, or revise your plan to provide for your grandchildren. If you are worried about probate you may want to consider a living trust.
Sister in law (SIL) who also was named sole heir in their wills. No other assets except small bank account less than $1000 which was joint with SIL & used to pay house related bills. No probate estate opened. SIL has sold house. Is she obligated to pay any of Spouse's medical bills with... Read more »
The only creditor who would be able to make a claim is Medicaid. All of the other creditors can only make claims against the probate estate by presenting their claims to an appointed executor or administrator. Since there is no probate estate the nursing home cannot collect from your sister in...Read more »
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.