One time in my 28 year career I did recommend that my PR client retain a separate attorney to represent them in their capacity as an heir for the limited purpose of explaining how a life estate worked, because they did not agree with my explanation and thought that I was somehow working on behalf... View More

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More

If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More

Please make sure that you are working with a knowledgeable Medicaid Planning/Elder Law Attorney. There is a contract called a Personal Services Contract that when executed properly allows a front loaded payment to a caregiver or care manager (usually a trusted family member) based on the actuarial... View More

If you think that her income is such that she may qualify for pro bono legal services, you can contact Three Rivers Legal Services to see if she does in fact qualify, and if so, they will find a pro bono attorney who would be willing to prepare a will for her. If not, she can call our office in... View More

You should definitely consult with an estate planning attorney to review the trust agreement and determine what your rights are and explain it to you. It sounds like you are a trust beneficiary for life, but there will be specific terms in the trust agreement that determine what rights you have as... View More

I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More

I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More

Unfortunately, you will need an order from a judge for the check to be reissued to an individual, not the estate. If you or anyone else paid funeral expenses or final medical bills out of pocket, you can file a disposition of personal property without administration for which the clerk of court... View More

Please accept my condolences on your loss. Yes, there will need to be a probate administration in Wakulla County to transfer ownership of the real property to the heir. You should consult with a probate attorney to determine whether this can be filed as a summary administration or a formal... View More

This is a Georgia Corporate Law question. Please pose it to Georgia lawyers who practice corporate law.

If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More

You should submit this question to Alaska Elder Law as you will need an opinion from the state where the elder is located .This may also be an Alaska Probate Law question if you have questions about what the estate is proposing as a distribution.

This is more of a real estate or a landlord tenant question than an elder law question. I would suggest that you choose one of those categories are resubmit your question.

A personal representative who does not reside in Florida would need to be related to you by blood or marriage.

Putting the will on deposit with the clerk of court does not start a probate proceeding. It is just a means to safekeep the will in case an estate needs to be opened in the future.

If the order of summary administration lists these checks and that they are to be paid 100% to you, then you can get a certified copy of the court order and send it together with the checks which are likely to be made out to the estate of the deceased and have them reissued to you. If the... View More

It appears that your mother's will is valid but it is not self-proving. The issue is not that the witness was or was not related to your mother. The issue is that the witness was related to the notary. The Florida Notary statute clearly states that a notary cannot notarize the signature of a... View More

If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More