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Your current state is Ohio
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
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answered on Jan 29, 2025
I'm sorry for your loss.
You're correct that Florida law requires a will to be filed with the court within 10 days of the person’s passing (Florida Statute § 732.901). However, there are no direct penalties for missing this deadline—courts typically accept late filings as... View More 
The law firm that was appointed guardianship and considered over her took over her money and allowed everything go to waste including her life insurance
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answered on Jan 28, 2025
That sounds like an incredibly difficult situation, and you have every right to seek justice for what happened. If you believe the law firm that was responsible for your grandmother’s guardianship mishandled her finances or neglected her rights, you can report them to your state’s bar... View More
We need someone to help us (brothers and myself) with getting help in understanding what the rights that we have are??
answered on Jan 28, 2025
If the executor named in your dad's will is disqualified or is resigning, whomever is named as the substitute executor in your dad's will can file a petition for appointment with the probate court.
answered on Jan 28, 2025
You will need to file a petition to remove and replace the current executor. You will need to provide a reason for her removal, or if she is willing to be removed, an affidavit from her consenting to the removal.
My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More
answered on Feb 22, 2025
You need to contact a probate attorney in your area to see if a probate was ever filed for your father and if so when and how was the property disposed of. You may be outside statute of limitations to protest it if there was a probate already finalized.
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answered on Jan 27, 2025
Yes, your mom can sell or give you 25% of her share of the property, but there are some important steps and considerations involved. Since your mom and aunt are joint owners, the type of ownership they have will determine how this transfer works. If they own the property as joint tenants with the... View More
my older brother didnt file my late mothers will but instead year and half later went to a lawyer and now is filing a petition to descent and heirship and said she died instate. Before my mom died she went and got a $15,000.00 mortgage on her home and gave it all to my brother in one transaction... View More
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answered on Jan 27, 2025
I'm sorry you're dealing with this complicated and emotional situation. Here’s some guidance that might help clarify your steps forward, but keep in mind that consulting a qualified probate or estate attorney in Kansas will be your best course of action. Here’s what you need to... View More
We both would like to start with our will. Him being 73 y/o, and I am 63. We need assistance in how we can start with it, God knows, what will happen one day. Is there a form that we can get and have it notarized, for each one of us separately? I think we need the financial will, living will and... View More
answered on Jan 27, 2025
As an unmarried couple, albeit a long-term one, the law would not provide any transfer of the assets of each of you at your passings to the other person. You need 2 wills to achieve the results you are seeking. In them you could structure the passing of your assets and create a medical power of... View More
The paperwork had been signed several weeks prior. There was a delay at the town . Official transfer to the trust was 6 weeks after his death. Is it a valid asset to the trust? Or rather could it be part of his estate at the time of death. Currently it’s listed as an asset of the trust on... View More
answered on Jan 27, 2025
Although the recording of the deed provides a public record of the transfer of the property to the trustee of the trust, it does not necessarily have to happen immediately or even before the grantor dies. It has more to do with the delivery of the deed to the trustee. Although it could be a factual... View More
I have 5plex in Portland, OR, considering 1031exchange to Vancouver Wa. I am non resident for both states, but my daughter is in Portland Oregon. Recent rent controls and hostile environments for landlord in Portland makes me think 1031 exchange.
Currently the property operates as... View More
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answered on Jan 27, 2025
When you execute a 1031 exchange, federal income tax on the gain from the sale of your Portland property is deferred, provided you meet all IRS requirements. However, as a California resident, the state will track the deferred gain and may tax it if you later sell the replacement property and... View More
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answered on Jan 27, 2025
I hate to be the bearer of bad news but no will means the decedent’s property goes to next of kin.
My deceased father is named as a beneficiary on my deceased grandmother’s living trust and my uncle is also named. Would his children be able to inherit his share or would it go to my uncle? This is happening in California. I know the trust language matters and I should look for “per stirpes”... View More
answered on Jan 27, 2025
Please know people can do whatever they want with the assets they own. There is no automatic right for children to inherit their parents’ assets. You can do whatever you want with the things you own; no one can require you to spend it or give your assets to a particular person or entity —... View More
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answered on Jan 27, 2025
Not sure of your question, but you should be able to probate the Will. If Brother is executor, then ask the Court for you to serve instead. Your attorney needs to get consent for you to serve signed by Brother. His Units' JAG outfit can advise him if he questions signing them, and he... View More
My mom made the mistake of making my sister Gaurdian in her will, she fellfracturing a hip, they immediately had a psych eval done w/hrs of finding out n has ben on a power trip from hell. I have an appointment with an attorney but it is still 3wks out. Is there anything I can do to pause or... View More
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answered on Jan 27, 2025
You need to hire a real lawyer that will help stop the stealing now. Contact another WI attorney.
The land contract my grandparents had on the property was not registered and they did not have the title to pass it on. The attorney hired to fix the bad title reported my father as the heir to my grandparents' estate but they had named their grandchildren the heirs next in line to their... View More
answered on Jan 24, 2025
This depends on several things including the order of the deaths and whether or not your mother or grandparents had wills.
Without seeing all of the documentation I’d just be guessing and that wouldn’t help. You should take ALL the documentation to a local estate and real estate... View More
No owned property, my father had a mobile home titled through CA DMV which transferred to myself on the Title after his passing. He had no vehicles, no assets. I have contacted all of his creditors there will be no probate, and no assets to collect from. One creditor filed form DE-172 and mailed... View More
answered on Jan 24, 2025
When someone passes away, all debts must be paid and final tax returns filed BEFORE anyone can inherit the deceased person’s assets. There are a few exceptions to this rule, such as assets titled in joint tenancy, but I wouldn’t know if any of the exceptions apply because there isn’t enough... View More
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answered on Jan 24, 2025
Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:
Create a Trust: One of the best ways to avoid probate is to set up a... View More
I think my aunt, was not honest. of my dads estate
answered on Jan 24, 2025
If a probate was filed for your Dad's estate it is possible to retrieve a copy of his Will from the probate Court. If not, then you may be able to obtain a copy from the attorney who drafted the Will and/or the attorney who represented your Aunt.
What are my options? What kind of attorney can help me resolve my property tax issues?
Thank you
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answered on Jan 23, 2025
If your mortgage company failed to pay property taxes from your escrow account, you should first contact them immediately to understand what happened and demand they resolve the issue. Keep detailed records of all communications and document when payments were supposed to be made.
You can... View More
Her Part and my mom has a living trust and am her benificary. Can my aunt still evict me out of the property even thought my mother wants me to stay
answered on Jan 23, 2025
The answer to your question will depend on the language in the two trusts you mentioned. I have several points that may help.
First, people cannot control something they don't own. I cannot control who gets to use your car because I don't own it. In your situation: (1) your mother... View More
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