I am in Michigan, and my mother recently passed away. Her will, which is witnessed by two individuals and notarized, names an executor for the estate. However, Fidelity Investments is requesting a registered document noting the executor, as they seem not to accept the will as legal in its current... View More

I need assistance with vacating a credit card default judgment against my deceased mother. After her passing, she transferred the house to me using a transfer on death deed, which was executed after the judgment. What steps should I take to address this situation?

My mother-in-law, who resided in Arkansas, recently passed away, and my husband is listed as the Trustee of her family trust. The trust was originally established by her late husband in 2000 and is a revocable trust. She also had a last will and testament, which states that everything should be... View More

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Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

When your mother-in-law passed, the trust became irrevocable. Consequently, you do need to obtain a tax id number for the trust.

I am having issues with my probate lawyer and his wife, who is a realtor. Despite not being hired by me, she contacted my real estate agent about the status of the home sale and later participated in a conference call with my lawyer to pressure me into accepting the first offer on the property.... View More

I'm dealing with delays in closing two probate cases for my parents' estates, with my probate lawyer failing to file the final inventory as scheduled. My father's estate includes investment, savings, and checking accounts, while my mother's estate involves a house currently in... View More

My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More

Phillip William Gunthert
answered on Mar 10, 2025

Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you... View More

If I take out a personal loan and gift the money to someone else, can it be collected from the recipient if I pass away?

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Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

As a general rule, the loan can only be collected from your estate. But if the gift of the loan proceeds rendered you insolvent when made, the lender could require the recipient to pay it back to your estate.

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I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 9, 2025

Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More

How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More

Isaac Shutt
answered on Mar 9, 2025

The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More

My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More

Estate. After intestate succession was introduced he produced the will, which I am not named in, to cut me out and increase the profit for himself and my cousin. Is there anything I can do?

Timothy Denison
answered on Mar 8, 2025

While it is reprehensible that your income either the will for a year, if the will is legit and there is no fraud involved in its preparation, there is not much that can be done since you are not named in the will.

My grandmother passed away, leaving me her home in Texas through her will, and there's no debt on the property. I do not have a lawyer and need help with transferring the property to my name. I have a copy of the will, and I need to complete this process before the end of the year. What steps... View More

My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More

Isaac Shutt
answered on Mar 8, 2025

Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More

My elderly neighbor lived with her boyfriend in his home in Pennsylvania for six years. After he recently passed away, leaving his name as the only one on the mortgage, his children, serving as the executors of the estate, gave her an informal eviction notice despite the will stating she can remain... View More

I am seeking information on the legal steps I should take following the death of my husband today. We were considering divorce prior to his death. There are no unresolved legal matters from the marriage, and I don't have concerns related to inheritance or property division. Can you provide... View More

I want to know if I am responsible for my deceased ex-husband's medical bills. Our divorce decree did not address responsibility for debts. His medical bills were incurred for treatment both before and after our divorce was finalized, and I do not have any joint accounts, agreements, or... View More

I was a close friend and caregiver to the decedent, who verbally expressed to me and his nieces that I was to remain in our home until my house, destroyed by Hurricane Helene, is rebuilt. He also mentioned I was to receive a share of the nieces' inheritance. Although this agreement was not in... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

You have no right of possession. But you might make a claim for services against the Estate. To remove you, the administrator or the heirs must prosecute an unlawful detainer against you.

I am in the process of transferring common stock shares that were owned by my late mother. Her account was designated as Transfer on Death (TOD), and I am the beneficiary and Successor Trustee of a Family Trust. These shares are considered Trust assets. A Medallion signature guarantee is required... View More

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James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

When transferring stocks as a TOD beneficiary who's also a Successor Trustee, your capacity on the forms makes a crucial difference. Since the shares are Trust assets, signing as "Trustee" rather than just "beneficiary" would likely resolve your Medallion guarantee... View More

I believe someone changed the original will to designate themselves as the recipient, whereas the original will had other proper recipients. How can I contest this will? I have the original document with the proper recipients listed. What should my next steps be?

Isaac Shutt
answered on Mar 7, 2025

You should definitely meet with an attorney who has probate litigation experience. Don't wait. The sooner you file in Court, the better your odds of success in court. In fact, in the legal field, we call this a "race to the courthouse."

Sadly, we see altered wills fairly... View More

My father passed away in 2014 in Las Vegas and left everything to my stepmother, who also passed away there in 2020 without leaving a will. Her brother took all the assets. There were no legal proceedings I am aware of, and I've had no contact with her brother. My stepmother had no children.... View More