My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »
Mr. Popp's answer is perfect. If the Executor has not consulted with an attorney, he or she is foolish. Estate administration is much more complicated than most folks know. If you screw something up, you'll spend much more money getting it corrected.
If the heirs got along, it might be possible, but with real estate involved you will need to find an Administrator on whom you can agree, who can help get the house sold, and who can play referee. One of you needs to start the process by finding an expert and experienced probate lawyer who can...Read more »
If the reverse mortgage balance is lower than the amount you will net by selling it, you can sell it, pay off the mortgage company and keep the balance. You will need to open a probate estate to get both the house and the bank account. It will cost you little or nothing to consult with an expert...Read more »
He has a copy of the will leaving the home to him. Can we use that to start the eviction process on the tenants? They are nice ppl and have lived there a few years. We gave them 3 mths but at the end of the 3 mths we dont want to have to wait another couple mths to evict if they dont move. We are... Read more »
If they do not have a lease, the Executor can evict them ... or demand that they pay a market rent. In fact, the Executor has an obligation to protect the value of the assets, and arguably to maximize the value of those assets. If this estate has real property and multiple heirs and the Executor...Read more »
Verbal agreements made during lifetime mean absolutely nothing after death. With approval of all other heirs, the Executor may choose to honor such a statement, but is under absolutely no obligation to do so. Your brother has acted improperly, and his action is criminal theft. It is unlikely the...Read more »
Many lawyers like to have inheritors sign off on distributions to protect the Executors and/or Trustees and help guard against quarrels after the fact. Hopefully you didn't sign anything that you didn't understand ... which no one should ever do. If the form showed you were going to...Read more »
No. Unless the sibling wants to give his or her share to you. If there is debt and the sibling doesn't want to share in the debt, you have some additional negotiating power. And if there are other assets, maybe the sibling would rather have those assets and let you keep the real estate. If...Read more »
There were 2 properties listed in probate. A house and 5 acres of empty land. The house sold and the buyer paid and it closed on February 12, 2020. The 5 acres of empty land still needs to be sold, property taxes are $400 per year and that has already been paid for 2020. There are no other expenses... Read more »
It is up to the Trustee when to distribute funds to the beneficiaries. The trustee has the right to make interim distributions before everything is final, but is likely that the Trustee prefers to get all income taxes settled before making distributions. It is not unreasonable to delay...Read more »
At the time the house was refinanced he had the option to be on the mortgage and he said he wanted no part of it. Our mom passed away on Dec 1,2020. As of Feb 20, he now want to take the house for himself and sell it. What options do I have? I am currently living there with my 2 oldest children.... Read more »
Your brother’s age is irrelevant. Who signed the mortgage is irrelevant. If your mother had a Will, it dictates where her money and property goes. If she had no Will, the law decides where her money and property goes after enforceable debts are paid, but creditors must act to enforce the debts...Read more »
She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you
I'm sorry, but your question doesn't contain enough detail. You say nothing about your father or mother, whether you have already acquired his or her interest. If your great-grandmother had 5 children and had no Will (or the Will was not probated and is now lost), the property would...Read more »
Did he have debts? Did he have a wife or other children? Did he have a Will? Your question is more complex than anyone can answer without all facts. Someone needs to apply to become executor or administrator. If you want to know for sure, you need to consult with an expert probate lawyer.
The only asset was a bank account (no house, no car, no physical property of value) and the debts are known to be greater than the amount in the bank account and there was no will. There are younger adult children and they don't see the point in spending the time, money, and energy going to... Read more »
Assuming the family members are not co-signed or otherwise responsible for parental debts, there is no obligation to do anything at all. Creditors could open the estate, but almost certainly won't bother.
As Mr. Epling suggests, if the account has sufficient value to be worth some...Read more »
My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »
We handle guardianship cases, but I do not hold myself out as a guardianship expert. If there is a clear-cut answer to your question, I don't know it. Like my colleague Mr. Epling, it would require some legal research.
I'm assuming the funds in the joint account all came from...Read more »
I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate... Read more »
These "hidden will" cases are very difficult. It is a violation of Ohio law for someone to conceal a Will, but proving they have it is almost impossible. You can try to find the lawyer who drafted the Will. Unless you can find the original Will, this is going to be difficult, and you...Read more »
She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... Read more »
She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most...Read more »
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