My wife is named as an executor in her late mother's will. She has done nothing in an executor capacity since her mother's death (and no one else has either) and she wants to resign as executor. Is there a form you can prepare to do this and how much would it cost?
An attorney would need some more information and clarification before being able to provide you with a firm answer For example, it depends on whether the estate has been opened. If opened, then she would need to file a resignation with the court and a settlement for her time as executor (which... Read more »
I just know she didn't have an ligamate will and that my brother is selling her stuff
If your mother did not have a will then, no, your brother would not get everything.
Click "Find A Lawyer" above and look for a probate attorney in your area and make an appointment. A probate attorney can help you start a intestate administration. If there does happen to be a will, that... Read more »
I could not get the information on the above line. His wife could do as she pleased with her half. She hates me so I am concerned. With dad on his morphine deathbed, she had the executor changed and I was told she could do that because once dad died it went to her. Do we have to wait until she dies... Read more »
I hate to tell you this, but based upon the facts as you have related them, it is entirely possible that you will inherit nothing if your dad left everything to his wife in his will, because now his widow can do anything she wants with your dad's estate. If he left anything to you in his will,... Read more »
I moved out of my home to care for them in 2015. I continue to live in the house while the will is being probated. I want to know who pays the mortgage, insurance, home owners association fee, lawn care, termite bond, pest control, and utility bill during this time. I live in Alabama. Thank... Read more »
I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... Read more »
We now need to sell some of the inherited land that is still in Mom's name. How do we go about probating the will after so very long?
Hire a local probate attorney. Seriously. This is not a do it yourself project.
How much money the lawyer put into his personal account? He said it was what the accident insurance paid but we never seen proof of how much
Your question bridges four categories and it would be best for an attorney who is knowledgeable in Estate/Probate matters to address the estate-related aspect of it. As for the personal injury-based aspect of your question, it shouldn't be a problem for an attorney who represented a plaintiff in an... Read more »
House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?
I dont believe her and she says its Alabama law no matter what?
If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »
What is your question?
She signed a power of attorney to my sister before she died.
You really need to speak with an experienced real estate and/or probate attorney who can help you through the process.
If your mother passed without leaving a Will, or "died intestate", her property will pass to her heirs at law. But if there has been no probate and no one else's name is on... Read more »
Sold for 500k. He passed away and probate is still open . I know there is a 10yr limitation , however if I was home and wasnt advise about sale someone said I could file motion in probate for half of the sale price. Because a POA suppose to benefit the principle and since I was home I should have... Read more »
It does sound like you need to take court action and quickly, but this is not something that you can handle on your own. You really need to seek out an experienced probate and real estate attorney to help you with this matter. It will help the attorney if you first visit the probate court and... Read more »
That's going to depend on several more factors, including who is living and deceased, and what the language of the conveyance actually says. You need to take your deed to an experienced real estate attorney who can tell you what everyone's rights and obligations are according to the deed.
You are asking about an involuntary commitment proceeding. I would recommend you call your local probate court and see if they have a form on hand. In my home county of Jefferson any individual can complete the appropriate form at the probate court office. Just to clarify you will want to call... Read more »
Mother lived & died in AL. Owning several real properties.
Will drawn up 30 days before death. (Not an Ancillary will!)
Brother mad Executor & got all property in AL. After liquidation all AL Property he now says he owns & lives on mother's land in TN. because he pays property taxes... Read more »
To address your concerns would require a review of facts not present in your narrative. Take a copy of your mother’s will to a Tennessee probate attorney for review. We will also need to pull a copy of the Tennessee deed.
We had been together for 3 years she been living with me the whole time rent free I'm wondering what my rights are
Unfortunately you have no right to inherit, and if the nonpayment of rent was by mutual agreement you can’t make a claim for rent either. This is why everyone needs an estate plan and should update it when they get engaged, married, divorced, bear children, etc.
The tax deed was held for 20 years. Upon doing the title work, it was discovered that the deed was purchased from the state of AL after the owner died with heirs. The deed-holder possessed the house as a rental. He did not contact the heirs and they did not reach-out to him. The closing attorney is... Read more »
Yes, and it can fluctuate under the facts of the particular case. You should speak to an attorney experienced in both Estates and Real Estate Tax Sales.
We spoke to the funeral director and they said the physician had not signed the certificate and they were waiting on that.
Who should I call about this situation? My father had bills that are not accumulating late fees and etc and I dont know what to do.
You should talk to an attorney and learn if it is necessary for you to open an estate for your father. You, and any of your father's other "heirs at law" (children and spouse) are not responsible for bills that he alone owes. However, those who are owed that money may have a claim against any... Read more »
My mother passed away and did not have a will. My stepdad is now saying I can not have her belongings because he is upset we don’t like his girlfriend. Can my niece who is 18 and lives on the property give me permission to get them?
If your niece is not an owner and doesn't have a written lease, then probably not. She is probably just a guest and guests do not have the right to invite other guests.
I claimed homestead at time of death and have been paying property tax and upkeep
The house is probably not your house and never has been. It probably belongs to your dad’s estate now, and the executor of the house is tasked with selling it in order to pay the debts of the decedent and distribute the remainder of his estate to the heirs according to your dad’s will or if he... Read more »
But when parents pass the executor dont give sibling anything and sells parents titled property. What can other sibling do in regards to parents wishes. Parents said there was a will but has not been filed with probate. What can sibling do to get their part of inheritance.
This is what happens when people engage in do-it-yourself estate planning. Your parents may not have understood this, but a power of attorney is automatically revoked at death and, also, it is an unusual power of attorney that DIRECTS an agent to do anything in particular. Without a will or a... Read more »
Who can then instigate the process to actually move forward and probate the will ?
Depositing a will usually means delivering it to the probate court where it will be kept. It is generally deposited along with a petition to probate the will. The person named executor in the will normally starts the process. If that person is deceased, unwilling, or unable, to petition the... Read more »
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