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Your current state is Ohio
Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?
answered on Oct 24, 2024
There should be no difficulties if you are the Estate PR for probate, the attorney works for you and the estate, if the attorney is not responsive you as the named PR, then it is likely that you should and need to get rid of the estate attorney, their duty is to represent you as the PR, if they are... View More 
My Great Grandmother gave my Grandmother up for adoption and ended up adopting a child later on. that adopted child did not know about the existence of her sister, my grandma, and she left her estate inherited from my great grandma to a friend. Do I have any potential claim to the estate as a... View More
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answered on Oct 23, 2024
I doubt you are an heir nor next of kin. You might search the land records wherever any of those ancestors lived and died. If the adoption was ordered, then your grandmother had no relationship to the great grandmother. SOLs probably prevent any ejectment claims, but partition might lie if... View More
My father passed away at a Florida assisted living facility while still a legal resident of Louisiana (filed state taxes and has property in Louisiana). His widow has now removed my sisters and I from the original community property will using a Florida attorney. She is attempting to liquidate... View More
answered on Oct 23, 2024
You need to hire an attorney or attorneys who are familiar with both Louisiana and Florida successions/probate laws. Your immediate action is essential to being able to protect your family's rights. Your question is much too complicated and involved for a forum such as this. Good luck.
I cosigned for a house with my daughter-n-law. They have cut off all communication and making late or no payments at all that is affecting my credit. I hired a lawyer 8 months ago. And he doesn't communicate with me without yelling at me. And I still have no court date set. How long after now... View More
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answered on Oct 23, 2024
The Partition Sale may not work because lack of equity. Your lawyer needs to make an estimate of this. If it is not economically feasible then it will be dismissed. Your lawyer can move the Court for a trial date, and it is usually a simple trial. You are trying to get an order for sale for... View More
I want to acquire the property from my uncle, who holds the deed, but there's a mountain of back taxes and I don't know how to find out whether an additional loan was taken out on the property. Where do I start? What should I be asking, and to whom?
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answered on Oct 23, 2024
Start by collecting all documents related to the property, including the deed your uncle holds. Visit the local county assessor’s office or their website to review property tax records and identify any outstanding taxes or liens. This will give you a clear picture of the financial obligations... View More
Their grandparents left the property beneficiaries to my 3 children ( one passed in 2021) and their other granddaughter both passed Leaving their aunt as trustee she forged a reschedule leaving property to herself and the other granddaughter Her mother had dementia The notary was a relative... View More
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answered on Oct 22, 2024
I'm sorry to hear about the difficulties you're facing with the trust and your aunt's actions. It’s important to address potential forgery and any undue influence, especially if your grandmother had dementia when the documents were signed.
Your children may have grounds to... View More
I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
Can I ask him for a list?
answered on Oct 22, 2024
Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.
In the state of Alabama the unclaimed property that was my deceased fathers would go to me and my brother and I've already turned in the documents needed for the claim of the unclaimed property and yet the redundancy is ridiculous of having to turn the same paperwork in multiple times and then... View More
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answered on Oct 23, 2024
I understand how frustrating it can be to go through the same paperwork multiple times, especially during such a difficult time. In Alabama, both you and your brother are considered separate claimants to your father's unclaimed property. This means each of you must individually verify your... View More
My dad passed away without a will. He had purchased a house in San Diego County before marrying his wife (my mom), so it's a separate real property. Our residency is in Los Angeles County. My brother and I disclaimed interest in the San Diego property so that it will fully transfer to our mom.... View More
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answered on Oct 21, 2024
When filing a disclaimer of interest in Los Angeles County, you should ensure that the court handling the probate case receives the necessary documents. Since you’ve already filed the disclaimers with the San Diego County Recorder’s Office, including copies with your mom’s Spousal Property... View More
My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More
answered on Oct 22, 2024
A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More
she told me that I gave her enough proof and that she would be directing me to another attorney that a trust of a trust that my dad was the beneficiary. so I’ve emailed and called this attorney multiple times and have not gotten anywhere. Talk to a person that works for his office one time and... View More
answered on Oct 31, 2024
I do not practice in Estate Planning, but your question came up in the Arbitration/Mediation category, one of the selected tags. As a general note for ANY type of matter, it could be advisable to learn more before disclosing personal information if you've simply been contacted out of the blue.... View More
Can I file my civil action per CCP 366.2 even though I'm unable to name the personal representative as a defendant?
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answered on Oct 21, 2024
You can initiate your civil action under California Civil Procedure Code 366.2 even if a personal representative hasn’t been appointed yet. Start by filing your claim with the probate court handling the landlord’s estate. This ensures your lawsuit is recorded and will be addressed once a... View More
I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga
answered on Oct 22, 2024
It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.
If the California... View More
I need to know what forms to file
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answered on Oct 21, 2024
Make sure the witnesses to the Will's execution are subpoenaed for trial.
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answered on Oct 21, 2024
Where is your attorney? He needs to object to the sale, which is probably to pay his and his attorney's fees. You should have already claimed a year's support and other items, but it is too late now. Obviously you do not know what to do. Hire a competent TN attorney now.
A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More
answered on Oct 22, 2024
To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More
Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More
answered on Oct 22, 2024
You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More
Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More
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answered on Oct 21, 2024
Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.
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