out what my dad was entitled to? i know the name of the trust but step gma and his siblings are stonewalling me
She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021
If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.
I am the granddaughter to someone that told me (when they were alive) that I would receive 50% of the estate upon their death, and the decease's daughter has not openly or willingly informed of what to expect. in fact she didn't even inform me of the death. what can I do?
the... Read more »
If no document was filed as a Will with Probate Court, then the purported will has no effect. You might consider filing to Administer the Estate, and possibly receive some compensation that way. Unless you can locate the Will or a copy, it is doubtful there will be a Probate of an Estate where... Read more »
If no will or papers.
Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.
Claim based on what? There are probably some heirs at law. You might want to figure out who they are, then establish heirship. Then have the heirs convey the property to you for a small consideration. But a tax sale is the best option, as the taxes have to be paid anyway. Hire a competent... Read more »
I've been dating this felon prior to becoming a felon myself
Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.
Both preceded him in death. He had no siblings, never married and no kids. Would next of kin be myself and my 2 sisters?My Mom and my Cousin Jack (decedent) were 1st cousins (his mother was my Great Aunt.
The answer does depend somewhat on the wording of the will. Bring a detailed family tree and a copy of the will that has been admitted to probate to a probate attorney for review.
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »
There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests
It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »
They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.
The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... Read more »
You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.
Is this a civil matter?
The will needs to be probated in court and this matter needs to be handled with a probate attorney as soon as possible.
Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice
It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.
Probate
It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.
He was never married; no common law in New Mexico--had Girlfriend of 15+ years; he never paid a dime of child support. I am 44 yrs old in Rhode Island born out of wedlock; father abandoned my mom when she was 3 months preg. in Rhode Island (never showed up the wedding rehearsal the night before the... Read more »
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological... Read more »
Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... Read more »
It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave,... Read more »
All my siblings were given shares of my moms estate, but I wasn't. I am very heartbroken right now.
I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'.... Read more »
There are 3 children all together. Both Older sisters live out of state and want to sell the house. I live in state I moved to care for my father and do not want to sell the house.
Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out'... Read more »
I understand a notary is not needed to provide me with medical poa just her signature. What do i do if she passes before poa is established?
I am the youngest son of two.
If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is... Read more »
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.
