Joint and Mutual Wills are almost always asking for a Will Contest after one or both testators die. Do not draft nor execute anything like it. Two separate Wills, even with extremely similar legacies and devises, are always better.
The decedent's house would pass to his brothers, if he left no parents, spouse or children. The brothers will need to open a succession. If all the decedent's assets are less than $125K, and all of his heirs are in agreement, they can execute a Small Succession Affidavit to transfer the...Read more »
My step dad has no kids and never married. He raised me since I was four and I’m now 33. He left everything in a will to me. He still owes on his home and has two harleys and a truck that are paid for. He has never filed taxes in his life and has always received a 1099 from his boss of 30+ years.... Read more »
Yes, you have to file a succession to get title to the house and vehicles. It also might have to be administered depending on the debts. Just in general, the process can take anywhere from several weeks to several months for most cases.
If I understand you correctly, your step mom did not probate the will because everything was held jointly. If this is the case then all assets are now hers by operation of law. You and your children have no right to any of those assets. She is free to dispose of them in any way she chooses. She...Read more »
His children don't want anything to do with the funds since they would have to pay for a succession. He raised me for 15 years and contributed to my care as well as I did his later on. Is there anything I could do to rightfully claim this property? I have notified all heirs and none want to... Read more »
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... Read more »
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... Read more »
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... Read more »
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...Read 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... Read more »
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...Read more »
She owns a home (4918 Okeefe St Bossier City, La) which my girlfriend and I were currently living in at the time of my mother passing. I am the oldest child of two from my mother and father (mom and dad have been divorced for years now). My mother does own the home but has a mortgage due to... Read more »
While your sister has a right of use to the house, she cannot kick you out to gain it. You have equal rights to use of the home. You can sue your sister for wrongful eviction and to be restored to use of the home. If you no longer wish to be a co-owner of the property with your sister and she...Read more »
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... Read 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... Read more »
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)?
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.
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