Get free answers to your Probate legal questions from lawyers in your area.
answered on Jan 20, 2020
In Illinois a will isn't filed until after someone dies. I'd be astounded if the law of Texas is different, but a phone call to a Texas lawyer should yield a reliable answer.
To sign a paper that was typed up and we didn’t do cause it wasn’t the actual will and now it’s a family fight and we don’t no what to do
answered on Dec 26, 2019
If your Great Aunt died with a will - meaning she died testate - then a copy of the will is on file with the clerk of the court. You should go to the probate clerk and ask to see a copy of the file or the will. This will allow you to read the will for yourself and determine if the "paper"... View More
answered on Dec 7, 2019
A judge may ethically enter any order that the judge deems appropriate under the circumstances and matters presented to that judge. From the way you phrased your question, it sounds like the judge abused his or her discretion under the circumstances. When a judge orders you to file an appearance,... View More
My youngest sister is the executor of my parents will. My oldest sister and I are named beneficiaries in the will. Our father is still living. My father and my youngest sister will not provide me with a copy of the will.
answered on Nov 28, 2019
Wills are private documents. The testator can choose to share copies with whomever he wishes but has no obligation to do so. They do not become public information until the testator passes. Until then they can be amended and replaced as often as the testator wishes as long as he still has... View More
Se has lived there most of her life, and still is currently. We would like to know how we can split the house value and her buy me out. Is there a time limit? and what is probate?
answered on Nov 6, 2019
Probate is the court-supervised process pursuant to which the titles to assets owned by a decedent are transferred to the decedent's heirs. You said that you and your sister are already on the title to your mother's home, so it sound like your mother's estate has already been... View More
My father's side of the family refuses to talk or do anything in regards to my father's estate and our inheritance.
answered on Oct 17, 2019
You can hire an attorney and petition the court to appoint you as executor of your father's will if the executor named in the will refuses to do so or is deceased.
Dutch Powers from Grafton, IL was my grandfather, he was part of the asbestos settlement listed above. my sister contacted me about a received check a few years ago and I believe she has been depositing these checks directed to me for her own benefit. I am looking for help to find the truth. she... View More
answered on Oct 2, 2019
Go though the settlement case, research it and call them. If u would like for me to do if for u, I would be happy to.
but had to use the money for things that came up can they sue me for the money
answered on Sep 23, 2019
It depends on who gave you the money and any restrictions that may have been put on it for the spending of it. Additionally, it may depend on what you used the money for-as was it for the benefit of the girls or was it used to buy yourself a piece of jewelry.
I withdrew last names:
Brandon agrees to pay Brooke 20% of actual cash value (ACV) of the
above listed property after all debt (current and unknown) and fees paid relevant to
Marilyn and Mark’s estate and property.
Fees include but are not limited to active... View More
answered on Aug 20, 2019
What is your question?
Not entitled to house. Owner died. House in probate. Ex wife now trying to claim house because quick claim deed was not filed 4 years ago when divorce was final. Does ex wife have have legal right to take the house?
answered on Jul 18, 2019
This is a question to ask a lawyer licensed to practice in New Hampshire, not Illinois.
answered on May 3, 2019
If you have a legitimate objection, you file an objection with the Probate Court.
Check with the court clerk as to how hearings on your objection are scheduled.
I have no idea what to do at this point any advice would be greatly appreciated thank you
answered on Apr 11, 2019
When someone opens an estate, they have deadlines.
Within 60 days they have to file an inventory.
Within 14 months they have to file an accounting.
If you did not receive these, you should contact the court to find out what is going on.
Even though you are a... View More
His estate went to probate court at the time of his death, 3 years ago. Nothing came from it.
answered on Apr 9, 2019
Illinois statutes contain “Intestacy Laws” that determine who receives a deceased person’s assets in the absence of a valid will. These laws apply only to probate property; as a review, probate property must be distributed by the court and include assets which are owned solely by the deceased... View More
My father-in-law (Bob) his brother Norman (died) and had a deed to his house in his son's Len (died) name. Len's wife (Joann) died a week later. Now Joann's brother (Tom) opened probate cases on the estate of Len (for Norman's house) and Joann. Is he legally entitled to... View More
answered on Mar 18, 2019
What do you mean had a deed to his house in his son's Len (died) name.
If Norman put the house in his son's name, it is the son's house and Norman has nothing more to do with it.
When the son died, it goes to the son's heirs.
Assuming he had no children,... View More
In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is... View More
answered on Feb 24, 2019
You are bound by the terms of your Marital Settlement Agreement.
My mother owned four stocks when she passed into the Light. I just found out that my sister who is the executor of the estate cashed three of the stocks into the estate and the fourth one transferred the shares to each of us ten children. My issue is I told her in an email and verbally I wanted all... View More
answered on Dec 30, 2018
This estate is in probate.
It is either supervised or independent administration.
With independent administration she can do lots of things without reporting to the court.
Also, if there is a will, she has to do what the will says.
You need to contact the court and... View More
answered on Dec 22, 2018
It depends on how the Wisconsin property was deeded to the four siblings.
If it was in joint tenancy it belongs to the remaining siblings.
He has a will just wasn't sure if we will need to open probate if everything goes to my mom and is in both of their names
answered on Dec 5, 2018
If father dies and everything is in joint names then it all goes to the joint owner.
If there is something in his name alone, it goes to the wife and children.
But there are spousal awards involved.
If there is something in his name alone, he needs to do a will. Not having a... View More
What recourse do I have? I thought that the court required all interested parties to be notified of all court activity.
answered on Nov 14, 2018
You're correct; if you're an heir or legatee of an estate, the court will require the attorney for the proposed executor or administrator to send notice (when to send notice depends on whether the Decedent died with or without a will). It's possible the matter has been continued to... View More
I received a letter to appear in court because my brother wants to be appointed executor. Me and my other siblings do not agree to this...do I need to hire an attorney for an objection or can I show up in court with the copy of my mom will which I did file at the court house
answered on Oct 22, 2018
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.
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