Get free answers to your Probate legal questions from lawyers in your area.
Mother-in-law passed away this April. Father-in-law passed away in 2018. They had only two sons, my husband and his brother. MIL law was in a nursing home for the last two years. She had nothing but her investments, which have already been distributed. Found a life insurance policy for $10,000.... View More
answered on Jun 10, 2024
Given the situation, it sounds like you need to handle the portion of the life insurance intended for your deceased father-in-law. Since he passed away in 2018 and there is no estate due to your mother-in-law being in a nursing home, an estate affidavit might not be the appropriate form for this... View More
Some how my sister’s name appears on the property. My mom didn’t know about it
answered on May 31, 2024
If a decedent does not own a property at his death, then it does not go to his heirs or devisees. Search the title and see if Mother owned the property. If Mom owned it, then eject the occupant. Your lawyer should have told you what the assets were when you did the inventory.
Thirty years ago, as part of our divorce settlement, my ex husband signed a mortgage against our farmland to pay me $30,000 over ten years. In return I signed a QCD. He never made the payments and after three years filed for bankruptcy. The bankruptcy court upheld my mortgage and set up a... View More
answered on Mar 15, 2023
Likely but you better move fast. Call an attorney who does estates.
answered on Nov 8, 2021
This is Probate, not probation. Post your question under Criminal Law in ND.
My grandmother passed away in 2014. Before her passing, my uncles and I had seen her will. In it, she stated that all living grandchildren receive $25,000.00. I remember my uncle was upset cause all he was gonna get(which is sad) was the keepsakes. Like grandpa's violin and security safes. I... View More
answered on Nov 19, 2020
You are very late in raising these issues. There are statutes of limitation rules that require parties to timely object to an estate administration. You should talk to an estates lawyer in the county where your grandmother died to go over all the details to see if something can be now. Also, if... View More
My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... View More
answered on Jan 21, 2020
The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from... View More
An insurance company is asking a settlement amount for a family member who is on their deathbed. If the settlement isn’t paid they will be sued for the full amount. If they die what happens to that debt?
She said I could pick stuff I wanted out of his stuff
answered on May 8, 2018
Presuming your dad died without a will and both of his parents are also deceased, your stepmother would be entitled to the first $150,000, plus half of any balance (i.e., anything remaining above the initial $150,000) of his estate. Not knowing more about the valuations of his property at the time... View More
We were each to get 50% stepmother kids 50% us kids get the other when should I start receiving my percentage of the oil wells
answered on Jan 9, 2018
Unfortunately, this is a difficult question to answer because I am unsure if the land has any mineral rights, if oil is being produced from the land, the status of the inheritance, etc. I would speak with a local attorney.
This has to do with mineral rights he owned. In 2010, we filed a Death and Heirship document to establish heirs for royalty payments.
answered on Dec 20, 2017
No attorney can provide advice on this topic without speaking with you directly because more information would be needed.
answered on Feb 10, 2017
short answer: no
(And don't believe the 'one trick ponies who try to scare people about probate!)
Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to
have your estate go through probate!
If "avoiding... View More
The appraisal was completed September 9, 2016 and my mom passed away Sept. 15, 2016. Do I need the land appraised again for my mom's probate?
answered on Feb 6, 2017
The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.
They had no children together but married over 20 years. Step moms mother is alive but is 90 and lives in nursing home (possibly mentally incompetent) . She has no birth or legally adopted children and no will or trust. Who is her next of next of kin?. Since its going to probate could i contest and... View More
answered on Feb 6, 2017
Your question is missing some important information, feel free to contact me via email so I can better answer it. But generally, you should have some interest in your father's estate, though it sounds like there is not much in it. If so, then the "spousal share" may eat up all of... View More
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