answered on Mar 27, 2023
What did your Father die owning? You are probably the Heir and Next of Kin, but if there is little property, then Administrating his Estate with Letters is a waste of time. If there is property, hire a competent AZ attorney to represent you.
Necessary for probate court ,as his only child what step do I take to obtain what assets he does have?
answered on Mar 17, 2023
Probably not unless you can show the Court that it lacks subject matter jurisdiction in the first place. An ancillary administration might be needed.
My partner's father died intestate. His second wife has applied for personal administration of the Estate. The application for administration lists the probable value of the Estate to be extremely low which we do not think is correct. What recourse is there to address the omission of assets if... Read more »
My home burnt down in 2021, at which time the executor entered her will in probate.The fire ins policy was made out to mom & estate.My brother, executor of estate, acknowledges the proceeds go to me, but he says he has to pay moms back taxes out of fire ins proceeds before I get my money.Can... Read more »
answered on Jan 18, 2023
Hire a probate attorney to probate your mom's estate and explain this to him or her and provide your evidence. You would essentially be making a claim against the estate to honor the contractual agreement.
answered on Oct 3, 2022
Decedent's Assets are owned by his Heirs At Law (real property) and Next Of Kin (personal property). Probably need an AR attorney to search the title and advise who owns what.
Person lived with partner for 14 years but never married.
answered on Aug 15, 2022
More details would be needed because this is not a clear cut answer. I can say Arkansas does not recognize common law marriage. However, I wouldn't give up just yet. It depends on when the property was acquired (during the 14 years or after). Did your partner have a will? Do your partner have... Read more »
answered on Apr 26, 2022
If he dies with you still being his spouse, then you are a Heir and Next of Kin. No responsibilities, just rights as the surviving spouse.
Hi my grandmother passed away back in 1993. My father her eldest son moved in her home and lived there for 24-25 yrs until his death in 2014. He never probated property due to being unable to locate her will. However, the whole time he lived on property he did perform upgrades by adding a pond and... Read more »
answered on Apr 11, 2022
You will need to hire an attorney to determine Heirship as the Heirs own the land a Tenants In Common. Then an Affidavit of Heirship will need to be recorded. And someone still needs to pay taxes.
Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... Read more »
answered on Apr 1, 2022
It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.
As a general rule, however, POAs expire at the death of the principal, and... Read more »
My aunt sold me her house in 2016, but still lived in it until her death this year. Do the household items need to be probated or are they mine since I’ve owned the house since 2016?
answered on Jan 26, 2022
Contents of a house are separate from the house. IF your aunt still owned the contents when she died, then they are part of her probate estate.
I put "IF" in capital letters because that is a missing fact. Did she own them? Or did she sell them to you with the house? You... Read more »
answered on Nov 29, 2021
You can petition to be appointed as executor of the estate yourself. A probate attorney can help you with this.
I was supposed to receive an inheritance. My mother claims that I cannot receive that until my grandmother passes away. My brother received a new truck and boat that I’m aware of. Is she lying to me ? I have a distant relationship with my mom, but it just seems as though she is flat out lying to... Read more »
answered on Nov 26, 2021
You can take a look at the will yourself. Go to the probate court and request a copy.
answered on Nov 11, 2021
It probably means that you do not own the home. It is owned by the estate of someone who has passed and either his or her will requires the house to be sold or it needs to be sold to pay his or her debts. A local probate attorney can help you with this.
We need to insure the house but there is no legal owner. How can we gain ownership of home?
answered on Aug 26, 2021
If the Parents actually owned the property, then one or both Parents' Heirs At Law own the property now. Hire a competent attorney to search the title and draft/execute an Affidavit of Heirship. When recorded that will be the heirs' source of title.
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »
answered on Aug 17, 2021
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
My mother isn't listed as a beneficiary on my deceased father's ESOP, as stated by the company. Before he passed he told her that she was over everything. The company has not been very straightforward with us and she wants to try to challenge the beneficiary designation.Is there a certain... Read more »
answered on Aug 8, 2021
More information is needed in order to fully answer your question. However, if there is no beneficiary listed on the account, and the company has no policy to the contrary, then the assets would go into your father's probate estate and would need to be probated before they can be distributed... Read more »
Many members of the family who doesn't pay taxes cannot be located. How can this be sold with a clear lien so that the taxpaying family can proceed with the sale? The offer was made in 2020.
answered on May 26, 2021
You might have to file an Action for a Partition Sale. Hire a competent AR attorney to prosecute this Action which will probably involve some service by publication. The taxes paid might be recovered as contributions, but do not count on it.
How do i transfer the titles of her assets; homestead, bank accounts, etc. Some titles have transferred (automatically?) , but some have not. I thought probate court was avoided by having a rev. trust. Any help would be appreciated.
answered on May 19, 2021
Assets that were in the trust when she died pass according to the terms of the trust. Assets that were not in the trust pass according to the terms of the will using the probate process. What you seem to have is a partially unfounded trust, which is less than ideal because it does not completely... Read more »
My grandfather died in 1983 and subsequently our probate court appointed administrator (my uncle) has since died over ten years ago, in 2010.
answered on Apr 7, 2021
Yes. You will need to file a petition to appoint a substitute administrator.
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