will. We were told first that the property would get divided among her (my mothers) surviving children, now were being told that we have to include my sisters children. Is this correct? I'm talking about my mother. My sister passed in April and my mother in September. We have not been able... Read more »
If your sister predeceased your mother, there may be a provision in the will that directs distribution to your sister's children. It's not uncommon. Does the person telling you this have a copy of the Will they can furnish to you?
My estranged husband died seven years ago and I just found out. He inherited his father's house along with his brother before we were married. I do not necessarily want any part of his inheritance but want to know if I am required to do anything, since I have no clue as to what my... Read more »
They are tenancy in common. The 95% owner now wants the money she invested and asking the 5% owner to sign a phony rental agreement and asking to sell property to her husband. Obviously, taking the 5% ownership away and now becoming a renter. the 5% owner is trying to qualify for her own loan;... Read more »
The 95% owner cannot force the 5% owner to sign a rental agreement. Furthermore, signing such an agreement does not remove the 5% from the 5% owner. I'm not a mortgage expert so I can't comment on how the 5% owner is going to take out a loan with such a small stake in the property....Read more »
My husbands mother left everything to him and sole beneficiary we are having trouble coming up with money to pay for attorney/ probate process to get her mortgage free home which we are living in for the past 10 years in his name does it matter how long we wait after her passing
How long ago did she pass away? If it's been more than 2 years, the cost of probate shouldn't be too bad. I realize that this is a relative statement. Try to find an attorney that offers payment plan options.
That said, there is no statute of limitations on when probate must begin...Read more »
Assuming no pre-marital agreement to the contrary, husband is at least entitled to a life estate in the property (right to "possess" the property until he dies). After husband passes, property goes to children of wife.
Within 6 months of date of death of spouse, husband has a...Read more »
My dad is wanting to purchase a home. The problem is his only income is social security in the amount of $735 a month. He previously spoke to a real estate agent and was told he should look for a co-buyer preferably someone who would live in the home. My sister who would live with him also receives... Read more »
There is a question as to whether or not the POA for your sister is valid if she is mentally challenged. You'll want to contact a guardianship attorney to make that determination first. If the POA is valid, then you theoretically could purchase a home on her behalf. The terms of the POA will...Read more »
That He would need to get a loan in order to pay off the current loan on the boat (approx $12k). My son is 24 but did as she requested and when he and the loan officer called to get details on the lien holder she wouldn't supply the info saying she didn't want this to go thru probate or... Read more »
My sister and I are his only living relatives and no one else has come forward. Recently, our lawyer sold Uncle Joe's apartment for us and sent my sister and I the money. My question is, if we were able to get the money from his apartment, why can't we get the money in his investment... Read more »
He can't necessarily kick you out without first probating the estate and then perhaps bringing a partition action but the answer is generally yes - it is unlikely that you can remain living in the house indefinitely.
My husband and I were separated and I found out he died on Sept. 30 of this year. He lived in Florida and I live in NYC . I went to vital records to request death certificates with a cause, as I needed them to provide to my employer (I work for Fed. Govt.) When I received the certificates a letter... Read more »
You will want to bring a Petition to Amend Death Certificate in the probate courts. I've not done this without first opening the estate so I can't be sure it will be permitted but if you can afford to do so, it can't hurt to try. If you have to open the estate first, you'll likely need an attorney.
Everything was left to my aunt but after her death in 2014, his lawyer told me I was required to file his will for probate. I am not a beneficiary and after 2 years, i have paid over $50,000 in attorneys fees and am out of funds. I want to fire the second attorney I hired because nothing has been... Read more »
My brother gave up his daughter and allowed his ex wife's husband to adopt her. He passed away in November 2016. We are trying to settle his estate. I received a letter from the military pension and retirement that they need the address of this child. Is she entitled to his estate if she was... Read more »
Adoption alone does not necessarily eliminate inheritance rights. That said, if his parental rights were properly terminated when he gave the daughter up for adoption, then the daughter may have no inheritance rights.
Here are the exceptions for children who were adopted and whose natural...Read more »
My grandfather passed away this morning and my house, that he bought for me, is still in his name. But my grandmother, his wife, is still alive and well. Me and my grandmother was wondering who we contact to get the house put in her name or mine.
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