Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
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answered on Nov 6, 2024
What is your question? The POA terminated at the principal's death.
I would like to buy the property from my uncle but need to know what to do to get my mother's name off of the deed or how to move forward
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answered on Nov 8, 2024
If you mother was unmarried, and you are her only child, then you can file an affidavit for transfer and record of real estate inherited. This will transfer her interest to you. Here is a model ford for cuyahoga. You will need a county specific form for wherever the property is located.... View More 
The person that was able to remove the funds from the estate account was even written out of the will of her father, the decedent.
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answered on Nov 4, 2024
Who owned the bank account? Family member may have been on the signature card. Ask bank and tell them you are going to the Sheriff. Maybe they will show you the card if authority existed. If not, bank will also be worried about next of kin suing it for negligence, conversion, etc.
All persons named on the existing todd will be together on an extended flight. Iwant to add a contingent person who will never be with us on such a trip.
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answered on Nov 4, 2024
Only the owners with title can convey. If that owner wants to draft a new deed which includes another grantee as a remainderman, he can if its contingent. If remaindermen already have a vested interest, then all presently titled parties would have to convey such an interest. Hire a competent MN... View More
I was contacted by a private investigator concerning if I was my late father’s and I said yes, and he proceeded to tell me to contact this attorney which I did and she wanted proof birth certificates, proving that I was my father‘s daughter she says that she cannot discuss anything with me... View More
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answered on Nov 15, 2024
While a surviving spouse property petition can transfer assets quickly after death, the transfer isn't always final if there are trust or inheritance issues that weren't properly addressed.
Your situation sounds complex since it involves multiple layers - your grandparents'... View More
Which I was then he told contact attorney as I did she asked me to show proof of who I was and my relationship to my late father then she tells me to get a hold of thi attorney which we will not return my phone calls or my emails, but then I find the court papers filed my dad was once the... View More
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answered on Nov 15, 2024
You should absolutely consult with a different attorney since the current one isn't responding to you. When a private investigator is trying to locate heirs, it often means there are assets or inheritance matters that need to be resolved.
Based on what you've described, with your... View More
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answered on Nov 15, 2024
If you choose not to move forward with probate in California, several important consequences could arise, particularly if the estate includes assets that require probate to transfer ownership.
Without probate, you may face difficulties accessing or transferring certain assets like real... View More
Real property is being transferred through probate. We are planning to file:
-the Order for Final Distribution (which would be considered a receipt)
-a Grant Deed (this is also needed to officially change the title correct?)
With the county recorder office.
Can we... View More
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answered on Nov 15, 2024
In California probate cases, you actually need an Executor's Deed rather than a Grant Deed to transfer real property - this is the proper legal instrument for transferring property through probate.
The Order for Final Distribution provides the legal authority for the transfer, but the... View More
No house or vehicles. Just furniture, life insurance worth $60,000, bank account approx $3,000, liabilities approx $3,000. I am one of three executors in South Africa, Ireland, and the US respectively. One of us will be travelling to the US at whenever seems the best time.
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answered on Nov 1, 2024
My condolences on the passing of your friend or family member. One of the primary purposes of creating a revocable living trust is that the trustmaker can dispose of assets upon his/her death and avoid probate. In order to successfully by pass probate, (1) the trust must have been valid and (2)... View More
reviewed Local Rule 7132 A, B and C. (A) NOTICE MAILED to REAL PROPERTY ADDRESSES references using DE-310 to Determine Succession to Real Property, line (8) GROSS VALUE has limitations not to exceed $184,500, ours is at $400,000, or using SPOUSAL or DOMESTIC PARTNER PROPERTY references DE-221, we... View More
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answered on Nov 15, 2024
Based on your situation with a real property value of $400,000, you cannot use form DE-310 (Petition to Determine Succession to Real Property) since it's specifically for properties valued at $184,500 or less. This limitation is strict and cannot be circumvented by leaving the value blank.... View More
I have title in his name, and papers from court. How do I get it back?
Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More
answered on Nov 2, 2024
If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.
We are in escrow and the ‘seller’ (and sellers agent and title) did not disclose that the house was under a trust and the ‘seller’ was not listed. He had a certificate of trust which Title and his realtor knew was not valid. They still executed our offer and allowed him to sign as a... View More
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answered on Oct 31, 2024
Hire a competent CA attorney to search the title and sue the grantors for breach of warranty of title.
I’m named in my mother’s trust as successor trustee along with siblings. Is this the correct procedure. If not how to correct.
answered on Oct 30, 2024
No, that is not the correct procedure. Among other things, the real estate should be titled in the trust. There are a lot of legal issues in your question including there may be too many people named as Successor Trustees (depending on the number of siblings.) Your mother really needs to see an... View More
I have requested all docs and information from estate attorney, that I hired, and still no response after 6 days. I see a hearing scheduled for tomorrow with no knowledge of purpose and see filings to judge from another heir that has no attorney.
answered on Oct 31, 2024
You should be getting every single document that is filed ongoing from your probate attorney if you are the named Personal Representative in the Probate Case approved as such by the judge. If you are not being updated and getting documents there is indeed a problem, this is the job of your probate... View More
Back in 2014 my dad became terminally ill. He transferred his home to me and he became the life estate. I am the successor on the mortgage. I’m listed as the owner on the deed. There is no will or estate. I been paying the mortgage since his death. I sold the house this September. There is an... View More
For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More
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answered on Oct 31, 2024
When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More
He has 3 other children who are full siblings to my mother. This is in Brooklyn NY, NYC.
Uncle says life insurance payout is on hold because they need my mother's death certificate.
Uncles not forthcoming with information and seem to be trying to get death certificate without me knowing.
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answered on Nov 8, 2024
Sorry to hear about your loss. Generally the first beneficiary would be entitled to the proceeds. Since she died after, it is possible that her estate can make the claim. See if she had a Will. If so, that may dictate what happens to the distribution of the benefits and who would be the personal... View More
Hi there. My parents disinherited me a decade ago for divorcing my very abusive ex. They are strict Catholics and don't believe in divorce, regardless of the situation. They let me know that they have left everything to my son. I am the only child and my son is the only grandchild. My question... View More
answered on Oct 30, 2024
Here's the rule: everyone has the right to do whatever they want with their own assets unless they have a debt or contract requiring them to pay someone. That means you can do whatever you want with your own money -- and so can all parents. It's THEIR assets. Legally, if they want to... View More
The AFFIDAVIT OF EXEMPTION FROM DOCUMENTARY TRANSFER TAX form is straightforward and lists "property that is being conveyed by an Executor in accordance with an estate" as an option to check off.
However, for the deed, would the proper R&T code be 11930? This property is being... View More
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answered on Oct 29, 2024
Yes, code 11930 is typically appropriate for transferring property through probate when an executor is handling an estate with a will. This code helps ensure the transfer is recognized as exempt from documentary transfer tax under the R&T Code. Make sure to accurately complete the Affidavit of... View More
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