Possibly. It depends on a number of factors, including whether he had continued her as the beneficiary or alternate payee , on the pension. You should sit down with a local attorney knowledgeable in estate law to discuss this further. I am assuming that there was no divorce action filed. If there... View More

First things first, if you do nothing you are GOING to lose the property, so it does make sense to investigate this before it is too late.

More to the point, you have answer some questions (was there a will, who can act as the personal representative and most importantly, was your... View More

If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.

The non-owner has neither rights nor obligations, just by virtue of being the decedent's spouse. Thus, the non-owner is not responsible for the property, but the non-owner also has no right to continue to occupy it and would have to move out.

However, if an estate is opened and the... View More

Maybe. How was the house titled? What is the difference between the debts owed and the value of the assets? If he owes more than he owned, let the creditors fight over the assets and evict the girlfriend. If there are more assets than debts and you stand to gain financially, you need to decide if... View More

What is your question? What sort of 'problems'? What does the estate plan say SHOULD be happening that isn't? Do you disagree with the estate plan or think the bank's actions don't comply with the estate plan?

Even if you answered the 'missing' questions,... View More

I am sorry to hear of your situation.

If there are NO debts and NO assets, why would you need probate? No, it is not needed because there is nothing to probate. Don't be too quick to assume this though, as it makes sense to do a search for 'abandoned' property either through... View More

An estate will have to be opened. If your dad had a Will, the house passes in accordance with the Will. If there is no Will, the house passes to your mom and any children. If everyone wants your mom to have the house, the children can give up any rights to the house. This is called... View More

If you are not provided for in your husband's Will, if he predeceases you, you have the right to file an election to take against the estate. If he has only a single child, you would be entitled to claim half the estate. The pension would be potentially controlled by any earlier property... View More

You will need to pay all costs of administration, debts and inheritance tax before proceeds can be distributed. If you wish to keep the house, you may be able to re-finance and use the cash to pay those items. You need to get legal advice to help you with this.

You need to engage a lawyer to act on your behalf in order to force her to give you the information you are entitled to and to protect your interest in the assets of the estate.

This is, unfortunately, a complex problem.

If the deed is in the names of both grandparents, title would have passed to the surviving grandparent by right of survivorship. An estate would now have to be opened for the surviving grandparent. If there was a Will, the Will would have to be... View More

It sounds like he is blowing smoke. The person who signed the contract is responsible, as is the decedent's estate. If he had any assets, the funeral director can submit a claim to the person who is the administrator or executor of the estate.

If there is no estate, or there are no... View More

An attorney will need to see the Will that established the testamentary trust and examine the trust provisions. Most likely there are provisions that determine what should happen. What will happen to the property probably depends on the terms of the testamentary trust and the nature of the... View More

Yes, of course a house can be sold while in probate. The personal representative/executor needs to prepare the home for sale and sell it through a listing, private sale or any other method available that will produce the best return.

If you are unsure what to do, the BEST practice is to... View More

Under the hypothetical you gave, the surviving joint tenant would be the sole owner of the property. If that surviving joint tenant was not the son, he would own no part of the property.

Example: If Dad and stepmom owned the property as joint tenants with right of survivorship and Dad... View More

Chances are if there is real property in two states, you will need to begin probate in the 'home' state and open an 'ancillary' probate in the other. SOME states allow you to simply use the letters of authority from a 'foreign' state to sell property, but that is not... View More

By law, the children get two-thirds and you get one-third. You do not have to pay inheritance tax on your third, as a spouse, but the children will be subjected to a 4.5% inheritance tax.

If the children demand that the house be sold to generate money to pay the tax, you will have no... View More

You will need to consult with a lawyer to sort this out.

If both names are on the deed, the question is whether they owned the house as "husband and wife," that is, as tenants by the entireties, or as tenants in common. If the former, the house passes to her automatically, by... View More

Your question is missing important facts, but I will do my best.

To begin with, your uncle would potentially have the right to stay in the house only if he pays rent. Half the rent may go back to him, but he is still obligated to pay rent.

With respect to his being thrown out,... View More