Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
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 
and I need help brother in law (non-relative) is trying to steal our family home of 61 years?
answered on Dec 18, 2024
Since your sister is now deceased, the probate court may be able to reverse the fraud assuming ample paperwork is submitted to establish the fraud. Call me or another seasoned probate and real estate attorney for a consultation and to gather more information so this can be sorted out.
Sold father's house while in probate and was expecting net proceeds to be paid to to my father's estate. Closing attorney is planning to hold net proceeds until 8 months probate period is over. I do not agree. What can make them release net proceeds to the estate.
Signature is suspect., Time line does not fit the situation.
I am the husband of the deceased.
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answered on Jan 6, 2025
In Alabama, the deadline to file a will contest in probate court is typically six months from the date the will is admitted to probate. The first question you must ask is whether a petition to admit the will to probate has been filed. Also important is whether you know of any other versions of a... View More
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answered on Dec 18, 2024
This situation raises significant legal concerns beyond just the SECURE Act. Since your wife lived in Nevada, that state's laws regarding fiduciary duty and financial exploitation would apply to the financial advisor's actions.
Moving $500,000 without proper authorization could... View More
My mother’s lawyer updated her trust but only provided her with a draft copy. After several requests the lawyer failed to provide an official document for her to get notarized and my mother passed still waiting for the document to arrive. Now we are left with a trust from 2013 that my mom’s... View More
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answered on Dec 16, 2024
Your situation touches on a complex legal issue where the documented wishes don't match the known intent. Generally, California courts require trusts to be properly executed and notarized to be valid, with very limited exceptions.
However, there might be hope in your case through the... View More
My adopted father passed and supposedly he didn't leave any of his estate to his kids. I question the legitimately of there claim. I'm not sure what to do.
answered on Dec 16, 2024
You should check the court file for the probate of your father's estate and get a copy of his Will. The only way to not leave any of his estate to his children would be if he had a Will that didn't leave anything to his children. Usually, when a testator makes such a decision, the Will... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
It was in the closing paperwork. My attorney told me to look it up online. He hasn't been any help. The paperwork never even stated how much I was supposed to get.
answered on Dec 15, 2024
Life insurance is not typvally distributed by a will. It has named beneficiaries. If you are not named as a beneficiary in the insurance policy, you are not receiving anything from it directly.
1.uncle died no will, never married and no children, no living siblings, at the time of passing next of kin would have been his dad,my grandpa. The probate court has never been petitioned. My grandfather lied to police that he was executor. My grandfather and his girlfriend helped themselves to the... View More
answered on Dec 14, 2024
An executor has to get letters of office from the court to take action on the uncle's estate. If there was no probate, there were no letters of office. That means nobody legally relied on any allegations grandpa made. No bank or court would have relied on such assertions. So the uncle must... View More
How can I have the other owner name removed off property if they do not help with any expenses for the property or put the home in a trust?
answered on Dec 14, 2024
You likely cannot, unless they willingly sign a new deed and agree to a new deed giving you more or all of the rights related to the property you are stuck with them short of selling, refinancing and one party buying the other out or a forced partition (forced sale), you should try to reach some... View More
I’m a beneficiary of a Will. Another beneficiary is also the executor. Even through formal administration, he kept the accounting from the court and the probate lawyer. The executor took the entire state and ran with it. That may we froze the estate assets or what were left of them. The new... View More
answered on Dec 13, 2024
No, a probate would need to be opened or re-opened and all matters formally addressed through the probate and or per the previous petitions and signed orders that followed. Generally, if the probate was closed it would need to be opened again, you will need to speak with and or secure a Florida... View More
In Tennessee, 23yr marriage Surviving Spouse 16 yr debt free primary residence, Chancery Court/probate matter, refuses to except Survivorship rights, and Homestead rights
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answered on Dec 13, 2024
Is the surviving spouse a surviving tenant by the entirety? If not, he probably owns only a 1/3 interest. Does he have a lawyer? Surviving Spouse must assert rights timely. Timely Appeal may be appropriate. He needs an attorney to advise and act.
I inherited the property as equally shared between my mom (decedent's sister), my sibling, and I. From prior research, I thought we would have to "assume" the mortgage, but now I see that we could be "successors of interest"? Would we be able to stay as... View More
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answered on Dec 13, 2024
IF THIS IS A HOME, pursuant to the Garn-St. Germain Act, the lender cannot call the loan due solely because the borrower died and relatives now own the home. But the lender can foreclose if the payments are past due.
Pursuant to other federal regulations, none of the inheritors must... View More
Does this backup even further to her husband who predeceased her.
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answered on Jan 10, 2025
I'm very sorry to hear about the loss of your mother and stepfather. Such tax matters can be complex during an already difficult time.
Connecticut's use tax liability generally extends to the person who made the purchases and failed to pay the required taxes. As an executor,... View More
The lawyer changed the will after the fact that my aunt‘s boyfriend had died he changed it saying that my aunt only had a life estate which wasn’t true so now the family ran me out of the house and is receiving my mail and changing the beneficiary documents or changing the names on certain... View More
answered on Dec 13, 2024
If you object to the probate of the Will or appointment of the personal representative in an informal probate case, you must file a petition stating your objection with the court. A hearing will be scheduled regarding your objection, and you will be required to give notice of the hearing to the... View More
I was a passenger and accident with uninsured, unlicensed driver. She had warrant and had broke arm. I I lost consciousness for split second and came to in seviere pain but went untreated to spend time with her before she went to jail. That night my shoulder neck and back hurt so bad I needed help... View More
answered on Dec 19, 2024
An Ohio attorney could advise best, but your question remains open for over a week. I'm sorry about your accident and the pain and distress your injuries have caused. A local attorney should advise on the matter of pursuing such personal assets - but it could also be worth trying to set up a... View More
And school taxes that are behind, the house is still caught in probate court and i cannot make a payment plan since it isnt in my name, and i cannot afford to pay it all upfront. How do i stop the house from going into foreclosure?
answered on Dec 11, 2024
I'm sorry for your loss and the challenges you're facing. If probate is delaying your ability to act, consider filing a motion requesting the court to grant temporary authority to address urgent matters, like paying property taxes. An attorney can assist with this.
Possibly, you... View More
I had been the caregiver of an 82yo man who recently passed away for 2 years. I lived in his house with my family (husband & 2 kinds) rent-free. In exchange, I care for him 24/7. I was in-charge even on everything including taking him to all his doctors appointments, contacting the doctors... View More
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answered on Dec 11, 2024
No, you should not withdraw money from the deceased person's accounts, even with a previous POA, as this could be considered financial elder abuse or theft under California law. Your Power of Attorney automatically terminated upon his death, which means you no longer have legal authority to... View More
My aunt passed away recently. Not rushing for the money, just have been told so many different things/answers. Will her estate be distributed between living siblings only or will funds be distributed to deceased siblings via their children, as well? Everything is in California, There is no trust,... View More
answered on Dec 10, 2024
Lawyers would need a lot more information before they could answer to your question. For example:
* Did your aunt live in California? [Laws are different in different states.]
* Did your aunt have a Trust?
* Did she have a Will?
* What is the dollar... View More
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