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Your current state is Ohio
In Louisiana law what age limit was a forced heir in April 1991?
Old law in 1991- Thus, after the Lauga decision, all children remained forced heirs, regardless of age or disability.
Does this law apply to a last will and testament that was written in 1991?
Or does the... View More 
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answered on Oct 29, 2024
When dealing with a last will and testament from 1991, it's important to consider when the deceased passed away. In Louisiana, the laws governing forced heirship are typically based on the statutes in effect at the time of death, not when the will was written.
Since the law changed on... View More
I called a private detective he referred me to an attorney that needed to prove that I was my dad‘s daughter. I sent her proof and then she referred me to another attorney since a client already hired her in the matter she did not enclosed any kind of information so I contacted this attorney, and... View More
answered on Oct 30, 2024
It sounds like you are a surviving heir to the estate of your aunt and may be entitled to notice of the probate proceed and potentially compensation. Due to the death of your father, this has become more complicated and involves you and your siblings, if you have any. You may be entitled to some... View More
answered on Oct 29, 2024
If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More
I have a will. My daughter is my executor. I'm leaving my home to my husband and daughter. I have a prenup. Bank accounts and IRA are POD.
answered on Oct 28, 2024
As long as all your other assets pass by beneficiary designation (i.e. POD), you could avoid a probate by drafting a trust and transferring your home to be titled in the name of the trust.
However, it would be simpler to just record a transfer on death deed for your house, if that's... View More
Far as I know he had no will. Life insurance policy had no beneficiary and bank accounts totaling 90,000 plus are currently frozen. Is my mother legally owed any of the money. Also there's another policy that has not been claimed. What happens if my mother is named a beneficiary?
We... View More
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answered on Oct 27, 2024
When there is no beneficiary named, the account will be paid to the decedent’s estate. If there is no Will, someone must apply to the Surrogate’s Court for Letters of Administration. The priority of who may apply is 1) Spouse, 2) Children, 3) Parents, 4) Siblings. The grating of Letters of... View More
I have reports from the website Ownerly in PDF form that support my claim.
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answered on Oct 28, 2024
Hire a CO attorney to search the title, determine heirship, and give his opinion as to ownership. Taxes, adverse possession, etc. may have terminated your estate interest.
My probate lawyer I told 4 months ago to file annual accounting failed to do so and the administration has wrongfully closed and lawyer is awol. What can I do? I left tons of messages.
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answered on Oct 28, 2024
Hire another MI attorney to close the Estate.
I have always lived with him but I stay in the garage. My nephew was in court with a Will saying that everything is to go to him when I am his son and there was no will at the time of death do I have any rights and is there any thing I can do to keep my home
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answered on Oct 26, 2024
You can hire an attorney to help you contest the will. There are strict time limits for will contests so you should not delay hiring a will contest attorney. If this was some time ago it might already be too late but the only way to find out is to schedule a paid consultation with an attorney to... View More
The guardian has taken her hate for me to another level. She won guardianship due to my lack of representation and now she is deleting me from all paperwork and refuses to hear me out. what kind of a lawyer do I need to bring her back to reality without her spending all of my dads money on her... View More
answered on Oct 25, 2024
I recommend that you hire an experienced attorney who practices in the area of probate, guardianships and conservatorships. Some of these firms also offer litigation services. Others do not. You need a firm with lawyers capable of litigating these issues in the event a strong letter does not... View More
by 2 beneficiaries & over $200k is missing, spent by myself and 2 other beneficiaries before decedent passed(He didn't know). (There are 5 beneficiaries total) The 2 other beneficiaries got nothing therefore their challenge. I don't have the money to put back. Can I go to prison?
NEW JERSEY
answered on Oct 25, 2024
The answer depends on the facts of your case thus more information would need to be known to answer your question. But if you didn't have a good reason for why the money is missing yes that could be a reason to be charged with a crime and possibly go to jail.
I'm asking if our side of the family would inherit anything based on CA Probate Code 6402.5 . Assuming he had no separate property at the time of his death. All the cash accounts were funded by his disability income but it was deposited into joint account and paid joint bills.
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answered on Oct 25, 2024
In this situation, California Probate Code Section 6402.5 applies to the distribution of community property if your brother had no separate property and no children. Since he passed before his wife, ownership of any jointly held community property typically transferred to her upon his death.... View More
A portion of property from original property was quite claim deeded to persons that are now dead . How to go about getting that piece of land back
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answered on Oct 25, 2024
There are too many facts missing from your narrative to answer your question in any definitive way. As to each name on the deed an attorney would need to know if the person died testate or intestate, where he or she died, whether the estate was ever probated and where, if the death was recent... View More
Real property will be transferred via probate. Executor currently has work in Oregon so we would like to know if it can be done this way for convenience. Thank you!
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answered on Oct 25, 2024
Yes, a deed can be notarized anywhere is the US (notarizing outside the US is more complicated) and then recorded in California. But California will (wrongfully in my opinion) insist on the use of the California statutory notarial affidavit. The trick is finding an out of state notary who knows how... View More
Kids are 21 & 19 and live out of state.
answered on Oct 25, 2024
The next of kin will be responsible for the body, regardless of their location.
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More
answered on Oct 24, 2024
Probate is not always necessary. For example, if the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
I recently moved from FL to GA. My will and trust name a Fl Trust Company as personal representative and trustee.
answered on Oct 28, 2024
This is a Georgia Corporate Law question. Please pose it to Georgia lawyers who practice corporate law.
Will he get gain time in PDC for those extra days/months that he sits in jail waiting to be transferred?
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answered on Oct 24, 2024
You need to repost your question under Crime in GA.
I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.
answered on Oct 24, 2024
You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More
The house was given to my mother from my grandfather and after she passed away instead of her husband or children inheritance her siblings said it was now all of there's and they filed a joint tenant affidavit but they don't live at the house I do. They haven't paid any taxes on the... View More
answered on Oct 24, 2024
If the house was properly deeded to your mother, then the house remains in her estate. If your mother did not have a Trust or pay on death Deed, then title to the property must be cleared up through the probate process in Riverside if Riverside is where your mom resided at the time she passed. I... View More
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