My father had inheritance from his parents. My family wants him to be executor and I don’t trust him. He has drawn up paperwork for us to sign and file to make him executor. My question is if I sign this paperwork does it waive my right to open succession at a later time? We don’t have a good... View More 
answered on Sep 20, 2020
Do NOT sign anything he presents to you. Hire a Successions attorney and open the Succession yourself.
ut my sister the oldest in charge. At the time he was spatting with my sister and brother.That was 30 yrs.ago soon after he recobsiled with them.So he put his sister. The will was in my father's safe when he passed,ut for the last year he has been telling me he needed to go to lawyer change... View More
answered on Sep 17, 2020
If the will is valid and it says everything goes to your sister, that's what happens. He could have included equal distributions to each children but he didn't.
I am a surviving widow, a greencard holder. I was married to my husband for 6 and a half years, but nothing is bequeathed to my name. I need support for my medications, I have no house and no income, not able to work due to my health condition (spinal arthritis and continuing nerve pains). My... View More
answered on Sep 16, 2020
Your situation is quite complicated and cannot be answered or solved in a couple of paragraphs online. Please go visit a probate attorney and explain your situation. Most attorneys are willing to meet with you for a first appointment for free and tell you what your options are. Just call ahead and... View More
My father died without a will but my mother is still alive. My father inherited stocks and cash assets from his parents and also 1/2 plus 1/5th of his parents house which my parents then bought out my dads siblings. My mother now lives in this house. I am unsure if they used inherited money of... View More
answered on Sep 13, 2020
You don't need their permission. You can open the succession and force either a sale or buy out of the house and liquidation of the rest of your Dad's estate. Hire a successions attorney.
So what can you do when that happens when your parents have 5 kids and left no name on the house but theirs and now they pass and two wants to sell or be bought out of the property what to do
answered on Sep 11, 2020
Kids need to hire a successions attorney and open the succession.
Children 2 of the 5 children have since passed can the executor take their name off the will
And do you have to have a probate ?
answered on Aug 26, 2020
Yes to probate. Yes to voluntarily waiving a share. Hire a successions lawyer.
My kids father passed away and he had a settlement for unpaid settlement from a vehicle accident.
answered on Aug 24, 2020
If the father died without a will then his children would be next of kin and would inherit the rights to pursue his claim. Also, if he had children other than the one(s) he owes child support for, then the lien for back-due support would be owed before any of the other money is distributed. I... View More
The home was purchased with cash money. We are separating and being that my name is on the home am I entitled to half even with it being bought with his settlement money.
answered on Aug 18, 2020
If the property was bought entirely with his money, you get nothing.
Her son is saying there is no will, and that she wouldn't have wanted my son or his dad to have anything. We know this to be untrue, but we don't her attorney's name. He refuses to produce a will. He only expresses his opinion of why nobody should get anything. Doesn't her... View More
answered on Aug 14, 2020
Her attorney can't notify anyone of a legacy, if the attorney doesn't know she's dead.
Call her friends and find out if any of them know her lawyer's name.
If your child's father is dead, incompetent, in prison, or hospitalized, then you can hire an... View More
My mother passed in December 2019. My stepfather wouldn’t allow me to get any of her belongings. He recently passed from a murder. The cops said everything goes to the next of kin which is his biological daughter. All I want are picture albums and a nick nack belonging to my late wife. The... View More
answered on Aug 14, 2020
Unfortunately, you will have to hire an attorney to open a succession. You are entitled to half of the real estate, half of the vehicles, half of the accounts, half of the contents of the home. If this is her attitude, you may as well go for broke.
My grandfather left a plot of land to my mother (from first marriage) and her brother (second marriage). He had 2 other children, not from marriage, who are currently trying to fight for a share in the land. Are they legally able to do this since there is a proper will(followed state guidelines)?
answered on Jul 28, 2020
If they are omitted from the will, over age 23, not disabled, and there is no language like: "and any other issue". They will not get a piece. If there is language like: "and any other issue", then it does include subsequent children noy named.
My ex-husband will likely not want to sign a new one as his equity is gone as a result of expenses paid by me.
The special durable POA is only to sell and manage jointly owned property after husband refused to participate in ROAD TO HOME program. Failing to act in the interest of both... View More
answered on Jul 26, 2020
Not enough information to answer your question. Can't tell why a durable power of attorney would result from a divorce; that's something that would usually result prior to surgery.
Twice with out my knowledge
My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any... View More
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answered on Jul 8, 2020
It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.
I had a session done with his name on it but he told the notary that he wasn't gonna sign cause he should get the entire check due to me and my husband was separated but divorce. Can I do some type of paperwork without my step son being on it due to his age
Will is from Texas and is being processed in Marietta, Oklahoma. The will says "name of my child is Janet Morgan" and "All references" to "my children are references to the above-named child". Then in the Disposition of Property it states that it should be... View More
answered on Jun 8, 2020
TX will probated in OK you need an OK probate attorney, not one from LA.
Grandchild adopted. But,family blood
answered on Jun 3, 2020
If the grandchild was adopted by the grandfather and the grandfather didn't have a will, then the grandchild is legal heir to the the home, assuming grandfather had title. You should consult with a successions lawyer as soon as possible.
Father inherited property from his mom. They both have homes on the property. He wants me to inherit bc I'm more responsible than my siblings. He and I pay the property tax and anything associated with the property. I also have a first cousin who feels she's entitled to all of it, even... View More
answered on Jun 2, 2020
Your father, as an heir, needs to open succession. If there is no Will, and your father is the only child, then, he may inherit. However, if there were other children that predeceased, then, their children may also have a right to inherit. You need to further discuss these specific circumstances... View More
For example: a couple is living together in a long term relationship (greater than 10 years) but one of the parties is just separated, not divorced from their spouse would the live-in be able to use the obituary listing of their noted relationship to claim a share of property or other assets from... View More
answered on May 27, 2020
Without a will or marriage there is no community property.
Sister in-law lies to get an restraining order. My son have been living in this home for years . The grandma died who was living there and now the sister wants to take over . The sister name is not on the property but the aunt is and she wants my son to continue living there . What do we have to do
answered on May 25, 2020
Hire an attorney to get the Restraining Order vacated.
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