Get free answers to your Probate legal questions from lawyers in your area.
Sold father's house while in probate and was expecting net proceeds to be paid to to my father's estate. Closing attorney is planning to hold net proceeds until 8 months probate period is over. I do not agree. What can make them release net proceeds to the estate.
to fill out to removel of all trustees to appont me i am ther mom they hate us please help
answered on Oct 12, 2023
In a situation where a trustee is not performing their duties as outlined in the will, you may have grounds to petition for their removal and seek to replace them. The exact procedure varies by jurisdiction, but generally involves filing a petition in the probate court that explains why the trustee... View More
the homeowner's insurance comes out of the mortgage. I had a flood and filed a claim. They won't pay me directly, they want me to hire contractors and they will pay them.
answered on Sep 28, 2023
In Delaware, if you are the executor and the estate is in probate, insurance payouts are generally directed toward the estate or directly to contractors for repairs.
I was told he has to physically live in the property until he passes away, and then the house goes to me (her daughter). Is he allowed to rent the house out to someone else? He originally signed his rights away to her estate but somehow now has the parcel in his name.
answered on Sep 8, 2023
Hire a DE attorney to search the title and determine ownership. It sounds like the husband is the surviving tenant by the entirety. If he made some type of disclaimer, then Mother's heirs need to enforce it in Court.
Over to my sister since I'm out of state. In the will we split evenly. Can I bill the estate for the 6 months I took care of mom
answered on Feb 6, 2020
The law generally presumes that caring for an elderly parent is done purely out of love and affection and not for compensation UNLESS there is an agreement to pay compensation, preferably in writing. Also, keep in mind that if you do manage to prove your claim against the estate for caregiver... View More
divided between us. I live in DE - she lives in GA where the lawyer is - there has been nothing posted in paper regarding death or collections? she is asking me to make her "sole executor" which i do not want to do. What are my options to resolve this issue & split the inheritance?
answered on Nov 12, 2019
She might want to be sole executor solely for convenience. Or she might want to keep the executor fee all for herself. Or, she might have more even more nefarious reasons. There is no way any attorney answering this question can know.
Your grandmother had reasons for naming both of... View More
CDL license renewal requires you show proof of a name change that is different from your birth name. I have a problem because When I got married I used my stepfather's last name due to the fact I did not like my last name. Now they courts say I have to show proof how my name changed.
answered on Sep 16, 2019
If you have a specific question you can post it in this forum. If you need representation you can search for an attorney in this website and contact them directly.
He was almost $18K in child support arrears and his mom never knew about his annuity, so she never set up probate court. Instead she simply had him cremated. How do I place a lien against his annuity?
answered on Jan 17, 2018
If he owes back child support, and the annuity will pass through probate you can make a claim against the estate for the child support.
The process is complicated, and if your children are all minors their interest in the estate needs to be addressed, and FURTHER if there was a beneficiary... View More
My mother passed away August two years ago. She had a house but was the only name on the deed. The estate was turned over by the state to a lawyer to be the executor and the house was sold in Sherriff's sale. There was no money in the estate. Her homeowner association is trying to sue my... View More
answered on Aug 23, 2017
Probably not, but if they try it is IMPORTANT that you defend yourself! Don't let court notices go unanswered, and be sure you have an attorney on board who can review the WHOLE situation to insure there isn't some important fact that would create liability that we are missing here!... View More
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