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Your current state is Ohio
A Medicaid Recovery Claim was filed approximately 6 months ago against my mothers estate. The claim was DEFICIENTLY FILED AND SERVED and is also NOT VALID (the deceased has a living child that is permanently disabled). The claim has not been settled as of date nor ruled upon. How long do I have to... View More 
It was split 100 thousand each I never received mine my brother took it ?there was 3 siblings.
answered on Jan 1, 2025
What is your question?
If your brother was appointed as personal representative in a probate case, you could, obviously, sue him for your share. If your brother wasn't so appointed, you could institute a probate action, and demand that the purchaser, and/or the title insurance... View More
Neibor filed for probate .and she was granted it.so she boarded me out of my house.she would not let me take my belongings.she got rid of everything..do you think i can at least be compensated.for all the work i did to the house.she just sold it .and i don't know for sure if she gave the money... View More
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answered on Dec 31, 2024
I'm sorry you're experiencing this challenging situation. In California, probate matters can be intricate, and feeling excluded from the process is understandably upsetting.
You may have the right to contest the probate decision, especially if you believe the will wasn't... View More
hello, my father passed away about 2 years ago. he was not married and I’m his only child. he did not have much just a car that was paid in full and a bank account which i was the beneficiary from. I have the death certificate, bank information and car title.
answered on Dec 30, 2024
You may need to file for voluntary administration or petition for probate so that you may be appointed administrator or personal representative, depending on the value of the assets he left behind. Once appointed, you can then transfer title.
They die but aren’t the person that is in the will that is appointed to handle all of the deceased persons stuff can you still get a title in your name
answered on Dec 30, 2024
The cause of death is not material. If you are the closest relative, as in this case might be if your sibling had no issue (including adoptees) or living parents, you are the most eligible to probate the sibling's estate. You have no duty to do this, and you might decline if the sibling had no... View More
My grandmother passed away and had a notarized will leaving everything to me. My grandfather is in a nursing home and is aware of the will and the reasoning behind it. He agreed to deed the house to me, we had the same notary come to the nursing home with all necessary paperwork and he signed. The... View More
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answered on Dec 30, 2024
There may be grounds to set aside the Deed but you probably will not know until sued. Was GM's Will probated? If not, it means nothing. Hire a NC to search the title and determine the present estate, which will be scrutinized if you are sued. Do not hire notaries to draft deeds.
answered on Jan 9, 2025
I interpret the question as may a beneficiary to an inheritance of a house disclaim the benefit? In that instance, it is as if you did not exist in the will [at least as far as the house goes] and any other beneficiary [such as a sibling also given a share of the house] could have his share... View More
More than 2 years have passed and multiple written requests are ignored. Her attorney’s response was that I would receive an accounting at the final distribution.
Thank you, in advance, for a response.
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answered on Dec 28, 2024
Under California Probate Code Section 10950, trustees are required to provide annual accountings to beneficiaries unless the trust document specifically waives this requirement. You have the right to petition the court to compel an accounting if your written requests are being ignored.
The... View More
I am completing page 2 of PC-204 and not sure which box to check. My mother's estate is insolvent. There is not enough of money to pay everyone. I was able to pay administrative fees, funeral costs but that was it. Now she owes Medicaid (DAS) and creditors but there is not enough to pay... View More
In California
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answered on Dec 27, 2024
I'm very sorry for the loss of your father, and I hope you're taking care of yourself during this difficult time.
In California, if your parents owned property together as joint tenants with right of survivorship, you may be able to use an Affidavit of Death of Joint Tenant for... View More
My loved one is receiving hospice care and is nearing the end of her life. She told the family where her will was stored before she became incoherent. The will is in a sealed envelope.
answered on Dec 29, 2024
Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More
My sister will not execute our parents will.
answered on Dec 27, 2024
If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk.... View More
I'm named excuter of the estate.
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answered on Dec 26, 2024
Gather any evidence you have that shows you're the named executor - including copies of the will if you have them, correspondence about the will, or witnesses who can verify its contents. You should also document any concerns about how the current person obtained or is handling the will. File... View More
My aunt who I was very close to recently passed away. I have always been her beneficiary because she doesnt have kids and her spouse is already deceased. A family member took over her care when she became ill and became her POA. I believe this family member changed my aunts will and life insurance... View More
answered on Dec 26, 2024
When an estate is opened, the original will must be filed and it becomes publicly accessible. You can review the will at that time and decide whether you have a basis to challenge the signing based on what you know and can prove as to her mental capacity on the date it was signed. Also, the... View More
Given that this is a "Transfer Without Probate" decree, I shouldn’t need to set up an estate account. As I am named as the recipient for all three checks, I should be able to deposit these checks directly into my personal account but Chase Bank is making it very difficult.
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answered on Dec 26, 2024
To stop a probate proceeding with evidence of a lost Living Trust, you'll need to file an objection or motion to dismiss with the probate court immediately. Be prepared to present any documentation you have that proves the Trust's existence, such as correspondence mentioning it, draft... View More
I have a signed notarized copy of the pet trust that was apart of the living trust notarized documents
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answered on Dec 26, 2024
To obtain a death certificate in California, you'll need to be an authorized person with proper documentation. Having an unsigned copy of a will from a living trust alone isn't sufficient documentation to request a death certificate.
The notarized pet trust document, while valid... View More
Grandfather died. My grandmother was the beneficiary of his life insurance policy but predeceased him in 2016. They had 4 children which one died 9 days after him. If there's no contingent beneficiary, how will be payout be? Is the deceased child entitled to any of the money?
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answered on Dec 26, 2024
If a beneficiary of a life insurance policy predeceases the policyholder and there is no contingent beneficiary, the policy will be payable to the estate of the policyholder. If your grandfather had a Will, distribution will be made pursuant to that. The Will will have to be probated if that has... View More
I am the beneficiary as well as the administrator of a will the daughter of the deceased was disinherited because she had nothing to do with her father ever until the house was up for sale her lawyers asked my lawyers for the ashes of the deceased because I had mentioned that she hadn't even... View More
answered on Dec 25, 2024
I'm so sorry you're having concerns with your attorney's billing practices. First, read through the agreement you signed with your attorney - most likely, you agreed to pay the attorney for all his or her time, and that would include responding to another party's requests or... View More
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