They were not married. My parent has 4 heirs.The estate has no outstanding debts except a vehicle payment. The estate has the money to pay the vehicle off and to pay all administrative fees and taxes. Can the administrator pay the vehicle off and obtain the title? After receiving the title can the... View More 
answered on Jul 17, 2023
Yes. The admr can pay the vehicle off and obtain the title. If one of the heirs objects to the sale, it can be sold to the highest bidder or it can be sold publicly to the highest bidder.
My mother-in-law has put my wife on all of her checking/savings accounts as a joint account holder and named her as beneficiary of her retirement accounts. Her will (when she re-writes it) will leave $10K and a few certain items to my wife's sister and all remaining assets to my wife. There... View More
answered on Jul 8, 2023
That should be sufficient to avoid probate. The sister in law can always challenge the will as can any beneficiary, so that is a given.
with physical evidence charge he was trying to use fake urine and got caught . he had already had a tampering with physical evidence charge which is partly why he's in drug court and probation to begin with is, possession of a controlled substance (3 years) and tampering with physical evidence... View More
answered on Jul 15, 2023
Doubtful he is out in July. His dishonesty with the urine is the problem. Depending on his record and prior infractions, the sanction could be as little as time served up to snd including full revocation.
And when will he get the paper that says it and I heard they release on the 1st when it comes to shock is that true
answered on Jun 20, 2023
Usually a couple weeks after the judge grants it. It has to work it’s way through the system.
Who has the say so over the funeral arrangements etc?
A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More
answered on May 3, 2023
If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.
My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More
answered on Apr 17, 2023
You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.
What's next on getting the deed changed as well as the title to vehicles changed over. Do I have control and rights to get this done now.
answered on Apr 17, 2023
No. The dispense wil not get the deed changed or the car titles changed. You will have to get yourself appointed administrator to be able to execute those documents.
Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?
answered on Mar 15, 2023
You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.
The car is paid for, & she was the sole owner with no spouse or children or will.
answered on Feb 26, 2023
You will have to file the full probate as a dispense with administration is not available to a niece. Sorry for the bad news.
Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.
answered on Feb 14, 2023
You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.
answered on Jan 24, 2023
You are not an executor or executrix unless snd until appointed by the court. Whether it’s worth filing for probate depends on the assets and property of the estate. Consular an estate planning or probate lawyer to determine whether you should or must open probate.
distributed to heirs?? Will the court come after the administrator??
answered on Jan 16, 2023
Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..
I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More
answered on Jan 16, 2023
You need a local attorney who has access to all the necessary information.
Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More
answered on Jan 1, 2023
Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.
There are 4 siblings, sister executor, my sister and I are the only ones who worked to update house, in hopes of fast sell. Sister promised me 1/2 of executor payment for doing the updates. Now I found there is no mention of executor getting extra, in the will. How can I make sure I get paid for... View More
answered on Jan 16, 2023
File a proof of claim in the probate case with receipts and itemizations for all the work you did and all the materials you bought.
My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2023
Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More
Weeks before I might receive it. The final settlement has already been signed by the judge. So all is left is distribution of funds. I want my check now so why would I have to keep waiting? I’m ready to get this over with It has been 8 long months since all this started. What reasons would there... View More
answered on Dec 8, 2022
It usually takes 14-30 days after the order is final before disbursement. Quite a bit more is involved than the dimple writing of the check.
What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?
answered on Nov 21, 2022
You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
