Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.

Your real question appears to be "was my son relationship with his girl friend considered a common law marriage thus entitling her to all ot part of his estate"? This, like so many legal questions are fact specific. I suggest you find competent counsel to review your specific facts.... View More

If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.

New Jersey. If he owned property in Colorado, you will need legal help here also.

B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.

What you have transcribed here would appear to say that, however, there are structural, grammar and 'word choice' mistakes here that make me think either you have mis-transcribed something or there is a serious defect in the document that may well cause issues. It is VERY unusual for a... View More

The mortgage more than likely has a 'due on sale' clause which means you CANNOT transfer it to a trust or any other entity without paying the outstanding balance first. You may be forced to sell the property to pay off the loan unless there are other liquid assets you can tap for a... View More

You have the right to object to appointment of a conservator. However, it is up to the court to decide if you need a conservator and who that should be. You should retain an attorney to advise you .

Maybe. You will have to file a formal probate and request a hearing. It will be up to the judge to determine if the will is valid based on certain statutory requirements. If all interested persons agree to stipulate that the will is valid, the court will likely accept it.

It all depends on the language of your aunt's will. You should probably have an attorney review it and if you have rights to write a letter for you or submit a claim if necessary.

Your grandmother can revoke the PoA at any time. This is the easiest and most efficient way to resolve the problem.

A collateral (3rd party) action to challenge a PoA is possible, but is best tied to other more significant claims (e.g. fraud, misappropriation, lack of care, etc.). You will... View More

If you need to file for probate, then the probate must occur in the county (and state) of the deceased residence. You may not need to file for probate. This can happen if the estate that not in irrevocable trust is small and does not include real estate among other factors (at least in CO, CA has... View More

They do, and the expiration date is usually on the document. If you don't understand what is there, you should consult with your attorney (you DO have an attorney helping you right?) ....

-- This answer is offered for informational purposes only and does not constitute legal advice or... View More

Repeat question. See prior answer.

As a general rule, the personal representative(s) (aka executors) are responsible for the reasonable protection of the estate from waste, damage, destruction, theft, etc. While a court would have to determine that a breach of duty occurred, the personal representatives are personally liable for... View More

The attorney that drafted the Trust documents and the estate plan probably kept copies of the executed documents. You'll need to contact his firm about obtaining copies. If he was not part of a firm that survived him, contact the bar association for information about how to locate his files... View More

I am sorry to hear of your loss. If the house is in your husband's brother's name, then it was NOT given to your husband. You brother-in-law owns it, and HE controls what happens to it. It doesn't 'go' to him, he has always owned it, according to the facts you set out.... View More

Debt obligations do not terminate with death or notification of death of an account holder. The debt obligations are transferred to the estate of the deceased. Until the matter is resolved, the estate is liable for the debt and collections can (and do) occur. Likely, a probate case will need to be... View More

With a will alone, 2 years is the normal cut-off for transactions to occur. Of course there are always exceptions... If 5 years is desired, the creation of a trust can achieve the desired timing. Since the lawyer is representing your mother, you will either need to hire your own attorney to provide... View More

Spend it all before you die and leave them nothing?

That is obviously not a 'serious' answer, but ultimately, it really SHOULD BE the goal of anyone. Estate planning is about first and foremost taking care of yourself and not being a burden on your kids unnecessarily as you age.... View More