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answered on Feb 12, 2020
There is no law that requires you to do it yourself, but you will probably quickly find that it is more complicated than you thought, and it is much easier and less expensive in the long run to start it out correctly with an attorney's assistance than hire an attorney later to fix mistakes.
She got his truck and gave his trailer to our aunt ..
answered on Dec 14, 2019
You may have a claim against the personal representative of the estate if they did not distribute property according to the will or state law if there was no will. You should reach out to an attorney in your area to see what your options are.
There is a will leaving his estate to his (3) sons. My father promised that I would be taken care of after my grandfather's death; however, since my grandfather's death he's had a change of mind.
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answered on Nov 19, 2019
If you have any evidence of that promise you can make a claim against the estate. You should hire an attorney right away to assist you. There are deadlines for doing this and they are short and strict.
Does house have to go through probate or can the wife just transfer ownership to her son?
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answered on Nov 15, 2019
It depends on how title was held by husband and wife. If they held as tenants in common then, no, the husband's share needs to be probated. If it was held as joint tenants with right of survivorship or tenants by the entirety then, yes, wife is now the sole owner.
However, before... View More 
agreement to sell before putting the house on the market?
answered on Nov 9, 2019
The personal representative of your fathers estate is the person has the authority to sell the house if it is still in probate. If it has been transferred to the children already it depends on what the deed says.
The property the house sits on is 2 acres. One is my biological fathers that I bought from my grandparents. Due to my father not being able to have any estate through SC. So it was in the deed to the house. Due to my grandparents staying I could stay there after there passing. For taking car of... View More
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answered on Nov 9, 2019
Hire a probate litigation attorney to file a claim for you in the probate for breach of contract. Do not delay. There are very short deadlines for this. It is possible that the deadline has passed, but you won’t know without consulting with an attorney
My grandfather passed away last July. His daughter came in after he passed away. After I aged out of foster care. My grandparents took me in to finish high school. I tooK care of him and my grandmother before passing in 2014 since 2011. As still took care of him until his passing. I joined the... View More
answered on Nov 9, 2019
Unfortunately unless there is a will stating that you may stay in the house the personal representative of the estate has the authority to force you to move out of the home and distribute it according to the will or statute if there is no will.
His wife didn't contact me when he became ill. I came across his obituary online. She ran it in the local paper
the day of his funeral. It was listed as private. Thats how i found out he died. I went to probate and got a copy of his will
It was dated in 1999, it is not his... View More
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answered on Sep 27, 2019
You need to QUICKLY hire a will contest attorney to represent your interests in the probate. Do not delay. There are very tight deadlines. If you wait too long you will lose all rights to contest the will.
He has never been married. My brother and I were not raised together we have different mothers. He is 11 years older than me. Alot of my father family don't know me. My brother was the only child mentioned in the obituary. Can I claim any of his estate?
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answered on Sep 25, 2019
The answer to your question depends a lot on whether or not your father had a will and, if he did, what is says. If he did not have a will then, yes, you can claim part of his estate, but you can't wait forever to do it. Hire a probate attorney in the area where your father had lived to see... View More
In my case death was 7-7-19, but will was not presented to Probate and case not opened until 8-27-2019.
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answered on Sep 23, 2019
Date of death.
The testator is in a nursing home and lives in Louisiana
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answered on Sep 11, 2019
There is no way for you to know without reading the will yourself. Otherwise, you will not know until the will is admitted to probate after the testator passes.
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answered on Aug 25, 2019
I am guessing she is deceased and you are the sole heir? First you need to get the house re-titled into your name. You do that by hiring a local probate attorney.
The estate has been distributed out, but the land was needing to be deeded in his name, which was a major part of his third. Well, the estate has closed, but he never received his deed before it closed. He has tried to contact the executor, but she says she’s no longer the PA and he can contact... View More
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answered on Aug 10, 2019
Your husband should hire his own probate attorney to review the probate file and advise him
national standard life ins co. like to know if I can collect from them?
answered on Jun 30, 2019
No lawyer on this website can possibly tell you whether you can collect on 48 year old insurance policies; perhaps the insurance company would be a better place to start?
My father was diagnosed with Parkinson's Dementia and his will was changed 2 years ago. We was not in a sound mind and I feel she persauded him.
answered on Jun 5, 2019
If South Carolina is the appropriate jurisdiction in which to probate your Father's Estate, you need to talk to a local attorney immediately. While I cannot comment on your specific situation given the amount of unknown information, it is possible to have Wills or Codicils set aside due to... View More
My sister passed away after my mother the will said to her six children.
Thank you
answered on Apr 17, 2019
It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.
She didn't have a will and he wants it solely in his name, does he need to go through probate court and get a lawyer? Or is this something he can do himself. only surviving daughter isn't wanting the property
answered on Jan 10, 2019
He may not need to do anything. It depends on how they held title. If the Deed provides that dad and sister owned the property as "joint tenants with right of survivorship", then he became the sole owner by law when she died. There would be nothing to probate and no need to change... View More
answered on Dec 28, 2018
Probably not. Most states have "small estate affidavits" (these documents go by many names) that permit the heirs to swear under oath as to the death of their ancestor (with a copy of the death certificate), the identity and location of the heirs, and other information. Banks, title... View More
answered on Sep 24, 2018
Yes, you can definitely refuse to be the representative of your father's estate. No one can force you to take on this responsibility. The job entails a great number of responsibilities, where you can be held liable if not completed correctly.
If you decline the job or resign after... View More
Dad passed away last year and mom is living in the house they both paid for. There is no mortgage or lien against the home. All of my siblings received a form for quitclaim deed. What is quitclaim and why would we receive this? Does the house my mom and dad paid for not belong to her? What... View More
answered on Mar 23, 2018
Without seeing the deed; it is likely that the house would belong to the mother alone. You should consult an attorney to determine your rights before you sign anything.
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