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Your current state is Ohio
To continue the long inacting (5+yrs) case. I suspect the buyout contract is to allow the executor remaining in position to finish the probate. However, the decedent died 10 yrs ago, the executor filed the probate 2yrs after death. I contested the appointment because all probates outside the... View More 
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answered on Nov 14, 2024
Your frustration with this lengthy probate case is completely understandable. Five years of inaction from an executor is excessive, and ten years since the death is concerning, especially given the relatively straightforward nature of the estate.
California courts generally aim to protect... View More
I am trying to remove a long (5+ yrs) inacting executor. Ever since he was appointed 5+ yrs ago he did not file anything, failed to collect assets, did not pay property taxes nor he maintained the property. I have partial ownership in the property and the remaining interest is the estate to be... View More
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answered on Nov 14, 2024
Settlement negotiations can be valuable in probate litigation, but they aren't always necessary, especially when dealing with an executor who has clearly breached their fiduciary duties. Your situation involves multiple serious violations - failure to file required documents, neglect of... View More
answered on Nov 11, 2024
If you mother-in-law left a surviving spouse, then they can go to the title office and give it to whomever they want. If that is not the case, then you may need to file a release from administration at the probate court. A number of factors can influence this, so I can't go any further.... View More
His wife decided to sue for half of estate.My nana passed away 02/22 while in the nursing home. TennCare immediately put a lean on my uncles estate. Judge ordered all assets to be auctioned. My aunt, whom is disabled still resided in the home. How can TennCare sieze property if a disabled person... View More
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answered on Nov 9, 2024
Daughter was not an owner of the property, so TennCare Lien against Uncle had priority against any heir of his. The Estate was the place to fight the Lien. Everything is apparently over now. Probating the Estate was the mistake, as Spouse could have got a year's support, third of... View More
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answered on Nov 9, 2024
Yes if all parties agree. This happens alot without first filing a suit.
I am contesting a trust in California. I found out at a court hearing that the respondents had filed a demurrer to my petition. The next hearing is scheduled for February. I have yet to receive a copy of this demurrer, even after two requests to their attorney. The attorney claims that service was... View More
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answered on Nov 9, 2024
Go to the Court you filed the Petition and ask for a copy of the pleading.
Purchased a house 2009, parents never put a dollar towards house, now sibling out of vengeance trying to pull my house in, when my father said it was my house and did not list it in his Will, because he never considered himself a owner . This is in arkansas
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answered on Nov 8, 2024
Was the will probated? If not then it has no effect. Then the heirs at law own the property, and yes, each heir can demand a Partition in Court. You might argue your contributions entitle you to a larger share from the net proceeds of the sale. Hire am AR lawyer to search the title and... View More
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answered on Nov 8, 2024
Yes... You need a FL attorney to file suit and file the suit as a Claim Against The Estate. The Fiduciary for the Estate is a named defendant. You need witnesses as the Dead Man Statute will rule inadmissible some otherwise evidence.
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answered on Nov 8, 2024
Whoever has Letters Testamentary or Letters of Administration needs to do their job and marshal up the assets of the Estate. Otherwise they need to be removed. Court needs to approve of asset sales or distribution, at least in the final accounting.
My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More
answered on Nov 8, 2024
My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More
I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More
answered on Nov 8, 2024
Let me preface my remarks by saying what you have described is outside my area of practice.
However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The... View More
The victim is in the early stages of frontal temporal dementia and has been scammed out of over $100,000 and now in the mist of another scam and is around $100,000 but his family cannot find someone to help.
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answered on Nov 8, 2024
Family needs to call law enforcement now. Then a Conservatorship is filed. Ward needs an attorney.
My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???
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answered on Nov 6, 2024
That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.
My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More
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answered on Nov 11, 2024
If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.
I am the Personal Rep for my Mom's estate in SC, where she resided. She has a will, Probate has been opened here. She has land in Mobile county, AL, (< 12 acres) the estate is small. What do I do about the AL land? I am looking for low cost solutions. How much are your fees? I live in SC also.
answered on Nov 6, 2024
What you need is something called "Ancillary Administration," which is estate administration in a second state. Look at the Will and see if there is provision for you as personal representative to open a second estate in another state. That would make things easier. Well-prepared wills... View More
Current attorney is non-responsive with same patterns for 3 years. I need help!!
answered on Nov 6, 2024
Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More
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answered on Nov 6, 2024
What is your question? If land is in GA then post there.
My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More
answered on Nov 5, 2024
If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.
My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.
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answered on Nov 5, 2024
I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The
A of H will be the owners' source of title of record.
My late brother's children sent me a letter asking for their fair share of the estate. Do I need permission from them to sell my parent's house if I am the only remaining member of our immediate family, as my mom passed last year, and my brother in 2013?
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answered on Nov 5, 2024
You will have to follow your dad's will, and probate it. Presuming he had a will. If he had no will, then the laws of intestacy of your state will govern who gets what. You will not be able to use the POA to sell the house, a POA "dies" when the person granting it died. You will have... View More
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