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Your current state is Ohio
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More 
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
Most of it is going to the church and they do not want to negotiate with the heirs.
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answered on Nov 18, 2024
Trust challenges based on mental capacity can be complex, particularly for documents signed during Covid quarantine periods. The key factors will depend on the person's mental state at the time of signing, not just their physical location or circumstances.
To successfully challenge the... View More
Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge
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answered on Nov 19, 2024
Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.
We already lived with her for about a year because she was sick and needed our help. She was too sick at the end and she passed before she could make a quick deed. My husband also got very sick and couldn't take care of the title change yet. What does he have to do to get the deed in his name?... View More
answered on Nov 18, 2024
Yes, if the current deed (that the mom had upon death) is not held in joint tenancy or designated "transfer on death", then probate will be necessary to have it put in your husband's name. The sooner he gets started the better. The City may accept his permission once he is appointed... View More
answered on Nov 21, 2024
After filing the probate petition, you need to have all interested parties served with a copy of the petition or sign a waiver of service. After the petition has been served, the respondent has 30 days to file an objection or other response. If no objection is received, you may proceed with your... View More
The executor intends to sell his insterest in a property to a beneficiary at Current Fair Market Value. However, because the executor has not been acting (file estate taxes, pay property taxes, etc) for many, many years, the beneficiary wants to assess the damages and possible penalties before... View More
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answered on Nov 17, 2024
Your question touches on several important aspects of executor duties and potential fraud in California probate law.
The executor's failure to perform basic duties like filing estate taxes and paying property taxes for many years likely constitutes a breach of fiduciary duty, as... View More
With the court system and she didn't have a will and I'm the sole heir as I am the only surviving child of hers
answered on Nov 18, 2024
Is the deed signed, dated, and properly notarized (signed and stamped by notary public)?
If so, would anyone object to the deed's validity and claim that your mother did not actually deliver the deed to you as the new owner? Deeds need to be "signed, sealed, and delivered."
My dad stated I would be owner he he passed. My brother was the administrator and didn’t pay off the liens on the house nor distribute the estate money. The house went into foreclosure and I paid the liens off to keep the house because I was already living there with my children. I want to know... View More
answered on Nov 18, 2024
You can file a suit to partition the property by sale and offer to buy out the other two heirs' interests.
Are we allowed to live in the house while dealing with probate? If we are do we continue to pay the mortgage payment as it is? Or do we have to pay fair Market value rent for the house to remain living in it until it's sold to close out the estate?
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answered on Nov 17, 2024
If the mortgage payments do not get paid in a timely manner by someone, the lender will have the right to foreclose and all heirs lose their equity in the home.
If you and your brother are the sole heirs and the home does not need to be sold to pay your mother’s debts, you each have... View More
My father died without a will and his wife(StepMom) passed 3 years later. The Deed states that it was Joint Tenancy with Rights of Survivorship.
answered on Nov 18, 2024
When property is purchased by a married couple in NC, it is assumed they own it as Tenants by the Entirety. Based on your representations, it would appear that when your father died, the property would pass to his surviving wife. When she died, it would go to her heirs, and you would not inherit.
This took place in Florida. The hospital was very strict on no visitors, and since it was a weekend, the PR was unable to contact the lawyer. This dictated change over the phone was unable to be signed / witnessed before he died. It was just a matter of hours from the phone call to his passing. Are... View More
answered on Nov 16, 2024
Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was... View More
My mom passed 07/04/24 I'm a beneficiary along with three other siblings my sister is executor she is being very difficult to deal with I have asked her for a copy of the trust she refuse I sent her a demand letter for a copy of the trust she received it but of course ignored it she has... View More
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answered on Nov 14, 2024
I'm sorry you're facing this challenging situation. Start by formally requesting a copy of the trust and a detailed accounting of the estate in writing. Send this request via certified mail so you have a record of your efforts to communicate.
If your sister continues to withhold... View More
my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More
answered on Nov 14, 2024
Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
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answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had 30 days to get out. How do i get them out as fast as possible. They are destroying the property, they... View More
answered on Nov 14, 2024
I'm sorry to hear about your uncle passing and the freeloading tenant. I recommend hiring an attorney who may do the following: Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special... View More
My sister died recently with a lot of debt, including a trailer that may be condemned. Since becoming a PR in Arizona takes time, I want to know if I must wait to notify her creditors until it's official. My concern is that interest and late fees will increase her estate's debt.
answered on Nov 12, 2024
You may notify creditors of your sister's death now and ask them to close accounts, etc. But you will still need to publish a notice to creditors when the probate is opened. I recommend that you consult with a probate attorney before you take any action. From the information you provided,... View More
My sister died in Glendale on recently. She did not have a will. She does not have many assets, but she does have a fair amount of debt, including owing on a mobile home and lot where the trailer may be condemned (she was a hoarder and the trailer is in very bad condition).
Our mother is... View More
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answered on Nov 12, 2024
You need to file in the county in which your sister resided immediately prior to her death. If she lived in Pima County and then just happened to die while visiting Maricopa County then you could file in Pima County. But if she lived in Maricopa County when she died then you do need to file in... View More
I really need to speak to an attorney to give more details as it is lenghty and complicated.
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answered on Nov 14, 2024
Let me help point you in the right direction since time is critical with your upcoming court date.
For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone... View More
To continue the long inacting (5+yrs) executor case. Is there a person / organization I can contact to amend the probate code? In my case, I am the backup executor in the Will in case the executor is unable/unwilling to perform. The executor is an alien that has no ties to CA. In other words, no... View More
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answered on Nov 14, 2024
You raise some valid concerns about the challenges with out-of-state executors, especially in high-value California estates. For changes to the probate code, your best route would be to contact your state representatives and senators, as they can introduce legislation to modify existing laws.... View More
To continue the long inacting (5+yrs) case. I suspect the buyout contract is to allow the executor remaining in position to finish the probate. However, the decedent died 10 yrs ago, the executor filed the probate 2yrs after death. I contested the appointment because all probates outside the... View More
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answered on Nov 14, 2024
Your frustration with this lengthy probate case is completely understandable. Five years of inaction from an executor is excessive, and ten years since the death is concerning, especially given the relatively straightforward nature of the estate.
California courts generally aim to protect... View More
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