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I have my dad's Will. It names me and both my brothers as the homeowner's in the event of his death. My brother's want to quit claim deed their share to me since I live in the house and need to get it in my name to get homeowner's insurance on it. I was told it has to go through... View More 
answered on Aug 5, 2020
I am sorry to hear about your father's passing. I would suggest either saving up the money to hire an attorney to help you get the house through probate, or attempting to open the probate process on your own. If the real estate has value (presumably it does since you want to get the house into... View More
I purchased a home before I meet my husband. The deed and loan are in my name only. I would like for things to just go to him so he has a home with our children.
answered on Jul 20, 2020
There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and... View More
So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.
My mom quicky brushes it away after I talk to her. She says I will get it when I'm 25. (I'm 22 now.) On the court document it says *my brothers name* on behalf of me- waived... View More
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answered on Mar 22, 2020
Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the... View More
My mom has three children. Oldest is an addict, and have warrants in another state. Second child is currently incarcerated. How can I legally become executor of my mothers estate so I can carry out her wishes?
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answered on Feb 4, 2020
File a petition to be appointed as the personal representative of her estate. Chances are nobody will object and you will be appointed.
To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... View More
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answered on Jan 12, 2020
You can do that if you all agree but keep in mind that by doing so you are converting tax free inheritance money into taxable ordinary income.
Stepmother said they were separated not legally though and has a boyfriend how can I get my grandfather's inheritance
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answered on Dec 11, 2019
You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you... View More
My brother passed away unexpectedly a few days ago. He was in the process of completing a will but did not
complete it. He has two (2) estranged children. I does have assets (condominium/car). He made it known that he wanted me to handle all of his affairs in the event of his death and... View More
answered on Dec 9, 2019
I am sorry to hear about your brother's passing. Unfortunately, if he did not complete and sign the Will before two disinterested witnesses, it will not be valid in the State of Wisconsin. Based on the facts above, it sounds likely he died "intestate" meaning his assets will pass... View More
Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... View More
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answered on Nov 20, 2019
If he had no surviving spouse or children, yes, that is quite likely. THAT is why it is important for everyone to have an estate plan. Reason #1 (out of at least a dozen reasons), is to make sure your stuff goes to who you want.
Am i still able to be revocated upon sentencing for new charges?
answered on Nov 20, 2019
If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good... View More
My mother passed away and my father is mentally disabled (he does not have a guardian, us kids have been taking care of him). The only asset she had was the house. The house is in both of their names. I am wondering if it is possible to for the estate to be divided up by us three kids and my father... View More
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answered on Sep 25, 2019
It does depend on how the deed is worded but if a probate is required and her children are all your dad's children too, then your dad will get your mother's entire estate. Then when your dad dies, if he too has no will, the children will inherit everything in equal shares.
My mother told me that I will will be receiving a parcel land and some cash and the Will
was dated also in 2015
answered on Jun 19, 2019
If there was a Will, it should have been filed with the probate office at the Courthouse in the County in which your Mother resided when she died. If a probate action was opened, it should be listed online in the Wisconsin Circuit Court Access system. You can go to their website and search using... View More
My great aunt just passed (she lived and drafted her documents in Florida). her attorney is advising using probate rather than the trust. why do this? what's the point of doing a trust then?
answered on Jun 12, 2019
If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer... View More
His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business... View More
answered on May 16, 2019
Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states... View More
answered on Apr 22, 2019
Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the... View More
I asked my aunts to buy us out or were selling our portion there making things difficult although we inherited it legally , 1 aunt is saying it's private property and that we can't sell our portion .
answered on Apr 22, 2019
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold... View More
He died in February and left no Will. He owned a home and has a checking and money market account, that we have no access to.
answered on Apr 1, 2019
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,... View More
answered on Apr 1, 2019
If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor... View More
answered on Mar 27, 2019
You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was... View More
Can daughter bury urn herself into the ground?
answered on Feb 5, 2019
I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do... View More
Total value of her personal property approx $500 & a joint checking acct with sister & self ($1500). At time of death she was in skilled nursing facility & enrolled Care Wisconsin (paid monthly amount from only income of SS) & Medicaid. Her personal property could not be used by... View More
answered on Feb 2, 2019
If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use... View More
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