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Your current state is Ohio
How can I get more time? Mt sister and I don't believe our brother is being fair. I am severely depressed and can't manage my everyday life duties because of it.
Probate cash approved me for $30,000 with payments of $1,500 monthly. They haven't honored their part..They only deposited $5000.00 the first month and nothing since.. They're saying they won't release the remainder of my loan until I win my case. And that wasn't the agreement.
answered on Dec 24, 2024
"Probate Cash" is a trade name for a Florida lending institution that makes what it calls "Inheritance loans" to heirs when estates are tied up in the probate process.
You should first thoroughly read, and make sure you understand, your lending documents.
If... View More
I filed a petition, pro per. Before it was considered, I mistakenly filed an Amended Petition with new information not detailed in the first petition. The court dismissed the Amended Petition with prejudice. Can I revert to the first filed petition?
answered on Dec 22, 2024
In California civil procedure, an Amended Petition generally supersedes and replaces the original petition entirely. When you file an amended pleading, it completely takes the place of the original filing, and the original petition becomes legally void.
Since your Amended Petition was... View More
The 403b is a traditional 403b that my aunt left me as the sole beneficiary. I plan on taking drawdowns over the 10 year time frame. I understand I will have to pay income tax each year, but am I required to reimburse the estate the 15% inheritance tax? It is considered a non-probate asset.
answered on Dec 22, 2024
You seem to be a well-informed person.
You give short shrift to underlying, probably important, facts, however.
For instance, does the aunt's Will pass the 403b interest to you?
Such obligations are usually contractual, between the decedent and the purchaser (aunt?),... View More
answered on Dec 22, 2024
The will should have the signatures of witnesses and of a notary public. You can ask those people what they recall. The notary may have a journal in which the details of the notarization might be recorded. If you want to dispute the will in court, your attorney may well want to take depositions... View More
She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA
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answered on Dec 23, 2024
If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More
I have first hand knowledge and pictures of xx time living with xx. I also have copies of all her documents, including marriage license, if that would help her case. They were married in a civil ceremony in Morris, IL (Grundy County) on 10-17-2014, license number 32034. He sent her back to Accra,... View More
Property sale is not executed yet. Is this legal? Duke Energy had no concurrence from widow who holds life estate. Curious how that is allowed to happen? Opens the door for anyone to hijack your electric service, establish new account and shut off. Looks like perfect way for squatters to take... View More
answered on Dec 21, 2024
I’m sorry to hear of your loss. But the answer is unclear without more details.
Was step father the sole owner of the property?
Was there a will or trust or ‘ladybird deed’?
Are there other heirs?
Paying the mortgage and/or taxes doesn’t impact things much... View More
Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.
answered on Dec 20, 2024
If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.
My Sister died 3 years ago without a will, never married, no children. Her estate was never settled. Next of kin was my mother, she died 6 months ago with a will in trust. Since I am now next of kin to my sister I have become the executor to settle her estate. Is my mother’s estate entitled to a... View More
My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.
answered on Dec 19, 2024
Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More
answered on Dec 19, 2024
When the Estate is ordered closed.
My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More
answered on Dec 19, 2024
The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More
My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More
answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
I have proof the items belong to me.
answered on Dec 19, 2024
Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More
step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More
answered on Dec 18, 2024
It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More
My siblings and I believe our little sister fraudulently coherence our edlerly parents in changing their will from their original will. My father died in 2021 and my my mom died 2024. Both of them were in their 90’s when the will was changed and both not in good health. My siblings and I do not... View More
answered on Dec 18, 2024
Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.
The cars are part of the deceased individual's small estate which is registered in Maryland. However the cars are physically in Puerto Rico (PR) We have a personal representative appointed by the courts who has all the documentation for both cars. Will going to CESCO in Puerto Rico be... View More
the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.
answered on Dec 20, 2024
If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More
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