I am his daughter and I live in Washington state. I never got a legal copy of the will.
At the time of my dads death the woman he was married to called me to notify me
of his death and said to me "you get something and I get all the rest."
I have no idea if the... Read more »
Call the probate court of the county where he died and the clerk will be able to tell you if there was a Will filed and a copy of the letters testimentary or letters of administration. It may take a few days to get an answer since it’s from 1989. If there is no Will probated then File an... Read more »
After my father died his siblings went to the courthouse and was allowed to sign an affidavit stating that they were his only living survivors and gave them ownership of land and property without further investigating if that was true. My mother (his wife) and I. (Daughter)was forced to move from... Read more »
Yes you do need a lawyer, and quickly. Call an attorney that specializes in probate or estate planning to help you. I don’t know what county you are in but there should be plenty to help.
And she further states if one of her 4 children is deceased at the time of her death\house being sold...that deceased child's portion goes elsewhere. mother's will is probated, (around January) the house sells on July 8…..judge grants permission by order dated July 30 for house to be... Read more »
The deceased’s share will be given to his estate and then whatever his Will states as far as distribution, then that will dictate.
My bf is currently in jail for a probation violation but no one not even the judge can tell him what the violation is. The probation was in Alabama being transferred to MS fee had been paid Jan 21st he had permission to be in MS. PO told him wait on a call and never called so he started calling... Read more »
You said probation was being transferred to MS. Until your case has officially been transferred to another state you must continue to report in Alabama. It’s probably for failure to report. But I don’t know, just guessing. The probation office in the county where he was convicted will be able... Read more »
All my father's personal belongings are in my brothers possession
Most banks have joint with right of survivorship terms. This means that if your brother was on your fathers account, at your fathers death, the money in the account belongs to your brother, and it would not be part of your fathers estate. However if there is no Will, Alabama laws of intestatacy... Read more »
Only been married 2 years. We're both in our late 60s. Live in the house I bought 30 years ago and paid off before I ever met him. I want my house left to my two adult kids so they can sell it and split the money. All his friends and family are from another state. I'm confident when... Read more »
You need a Will. In the Will you will have to leave him at least a dollar or he will be able to take a spousal share which is 50%. Go see a lawyer and make it happen. If you have a current Will that leaves the house to the kids then he will be about to take the 50%. So make sure you do this... Read more »
I'm the only one who tended to this land. And the other two siblings had nothing to do with my mom for the last couple years of her life
If she died with no will, the property passes to her children. It didn’t matter that they didn’t have anything to do with her. It goes by Alabama laws of intestacy.
Do the grandchildren take equally of his estate?
Yes. But it will need to be probated to obtain deeds to the property.
My aunt opened probate on my dad estate, he had no will in Alabama. Now she is running up expenses, such as she purchased a $4000+ headstone from the estate and had a $10K funeral. All was paid from my dad's bank acct. He wanted to a military burial. Probate was open without my brother or I... Read more »
I am sorry for your loss. You can always hire an attorney to file a petition to remove the Administrator and seek to recoup expenses. However, when an Administrator closes an estate he or she must get the consent of the heirs. If the heirs refuse to consent, the probate court will hold a final... Read more »
can i find out if she took me out of the will or if anything was left to me?
Was the Will Probated? You can call the judge of probate in your county and find out. If there is not a will then you are out of luck. And then some people choose not to probate the will because they don’t want everyone getting their stuff. Unless you have a copy of the Will you are probably... Read more »
Thousand Dollars retainer. Is there a lawyer in mobile who can just get a court order to have box opened for a fee. Thank you
I am not sure if she would be able to help, but I would recommend Stephanie Booth. Her e-mail address is sbooth@gcelderlaw.com
Good luck!
My question is about three, irreplaceable heirloom items with no monetary value, but which my father personally entrusted to me because of their immense sentimental value. When he gave them to me (several years before he passed away); my father was emphatic about his determination for me to have... Read more »
I can provide some general information about the treatment of specific devises in a Will. You will of course need to speak with an attorney to discuss the specific application of the law to your situation (as some additional facts would be helpful in providing a final answer). First, you are... Read more »
You probably have not received an answer yet because it is impossible to answer this question without reviewing the will.
my mother's husband died 7 years ago. This past month they finally settled and my mom received her settlement check. It's made out to her and her dead husband. So the bank won't let her deposit it. He wrote a will but it was never notarized. The bank told her to go to probate office... Read more »
In these situations his estate is entitled to the proceeds as well, therefore the bank needs a representative of his estate to sign off on the check. The general way to get a representative of an estate is to petition the local probate court to be named as the Executor (if there is a Will) or as... Read more »
Girlfriend passed away and Left a handwri statement saying I could stay on her property in a house until I die
The probate court would need to determine that the handwritten statement satisfies the requirements for a holographic will. You will probably need a probate attorney to help you.
My grandparents had a few hundred acres in Alabama that was left to my dad and brother in a tenants in common warranty deed. My dad seems to think (but I want to confirm) that when he passes away that his portion will automatically go to my mom, and if she passes then to me. There is no will (to... Read more »
Assuming all of the children are children of your mom and dad's marriage, when you dad dies your mother will inherit the first $50,000 of his estate and half of the rest and everything else will go to the children (all of them) in equal shares. If your mom later dies without a will her estate... Read more »
How do I claim my portion of the property? My father left a will naming me and my brother as heirs. I am not sure if my grandmother, a widow, left a will. There are two houses and land. Everything is still in my grandmother’s name. My aunt stated her heirs are me, my brother and my two... Read more »
You need to petition the probate court for letters of administration. You will have to bonded, so go to any insurance company and get bonded before applying. Then you file in the newspaper for any creditors and wait the six months to see if there are any. After that is when you can start... Read more »
By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question... Read more »
I am the Executor of my fathers estate and he was the seller in a contract for deed. The 5 year contract has come to an end and the buyers bank is requesting me to fill out a Verification of Mortgage. The buyers bank told me without the VOM the underwriter will not give the buyer the loan.... Read more »
You wrote "I've been advised by counsel." You are represented by a lawyer. Listen to her or him.
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 »
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