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I have not received any of the money, and although the account was only under my dads name my sister cashed it and is claiming the money is my moms to take care of her. Am I entitled to any of it?
answered on Oct 5, 2017
It really depends on the details of the case. You should speak with a lawyer and bring bank statements. It is possible you are entitled to it and it is also possible you are not. This is one of those situations where the registration and beneficiary of the account mean everything. You do have a... View More
He was widower with no children, no surviving siblings - but his will clearly denoted which nieces/nephews benefit (he left nothing to two of us - as was his right). But it is raising old family trauma to be sent probate notices and the will details. I've been suicidal as result (I have PTSD).... View More
answered on Oct 5, 2017
In Connecticut certain family members are required notice parties. That means by law they are required to let you know about the documents filed in probate court. If you write a letter to the probate court and your families attorney explaining that you do not want to receive any further notices... View More
What happens to a property in an incident of my fathers death? The property is under his name but up to this day everything (including lumpsome foenpaykent & monthly mortgage) had been paid for by me in cash (no paper trail/receipts). I am not sure if he has a will and he is also remarried.... View More
answered on Oct 5, 2017
It is important that you speak with an attorney regarding this matter. There are three main issues that you should consider.
1. Any assets that passed via a beneficiary or were jointly held will pass directly to you or whoever is listed regardless of what his will or intestate law that... View More
Mom passed February 2016 no will courts appointed her. Courts has not received anything from her in a year I told her lawyer, her and I sent a letter to the courts she pays me out she can get the house. House is in Connecticut I'm in Florida
answered on Jul 30, 2017
To get proper advice you need to repost your question under the Connecticut as that is where the probate is located. This Connecticut law controls the situation.
I had quit claimed the deed to the two family house I owned in CT to my mom who lived in NY and she mortgaged it in her name. I had lived on one floor and rented the other to cover the mortgage as I always did, with leases in my name and checks paid to me that I transferred to her acct to pay the... View More
answered on Jul 12, 2017
This is a complicated situation. First, it does not seem that you have a valid lease with the tenants. If your mom is the owner of the property (by law the QCD transferred it to her so you no longer own it), then the lease would have to be between your mom and the tenants. Second, since you do not... View More
answered on Jul 12, 2017
Generally no. Once the final accounting is submitted to the court, the court will notify all beneficiaries that they have a right to a hearing to appeal or contest the approval of the final account. If no one asks for a hearing or disputes the final account, the court will approval. If the court... View More
I'm not beneficiary but I am his son. Is probate court nessisary?
answered on Jul 12, 2017
Having access to an account is much different than being a joint owner on the account. So, this bit of information would need to be clarified before you can get an accurate answer to your question. Additionally it would need to be known if he had any other assets in his estate at the date of his... View More
and there may not be enough money to cover bills in estate
answered on Jul 12, 2017
There is not enough information provided here to give an accurate answer, I apologize for that. If someone dies owning a vehicle solely in their name and they have not designated a beneficiary of the car on the back of the registration, then Probate needs to be opened to transfer ownership of the... View More
Mother had to wait for my step-fathers death cert, since it was pending toxicology report, to enter Probate. But then writers mother died 6 weeks later while Probate wasn't started for stepfather yet. Now, who starts the Probate process? The biological son of the mother is the Executor of... View More
answered on Jul 12, 2017
Executor (son) should file to open mom's estate. Since my has now died, the back-up Executor for dad's estate should file to open his estate. If there is no back up then the Executor of Mom's estate could make the filing as well. However, this may require more information to give a... View More
signed a piece of paper a number of years ago saying I had no claim to the property. Thought it was in case we ever got divorced. My husband had no will. We had three children together that are all grown.
answered on Jul 12, 2017
If he owned the property joint with rights of survivorship with his sisters, then upon his death his share of the property would pass automatically to the sisters. If they had joint but separate interests in the property then his estate would have the right to his share of the property. I would... View More
answered on Apr 15, 2017
IF there is property in dad's name alone then yes, the ONLY way to transfer the property to mom's name is by probate. If ALL the assets owned at the time of death were joint with rights of survivorship, or had named beneficiaries (like life insurance etc.) the there will probably NOT be a... View More
My mother died, I was deemed executrix of estate when no will as found. At that time, I discovered for 25+ years, she put me on property title as half owner since 1988. So, However, the will was ultimately found and I was deemed sole beneficiary of his property and assets. I filed the... View More
answered on Mar 18, 2017
You've scrambled pronouns around so it is hard to determine who you are talking about with 'his' property ... both you and your mother are female, right? If Probate is still open and property not yet distributed, it is simply a matter of having the new will 'admitted' for... View More
My father passed away with no will and his assets would likely go to me as next of kin. Would I automatically receive the house itself or would it be sold so that the credit card bills could be paid? Leaving me only with what was left over? He had no cash in his estate. Or could the... View More
answered on Mar 4, 2017
I am sorry to hear of you loss.
It is ALWAYS a good idea to try to negotiate a debt like Credit Cards down, but ultimately you will only inherit the NET value of the estate, whatever that might be. If YOU pay off the credit card debts, you could preserve the house, but there are lots of... View More
CT divorced, non-custodial father w/ 2.5 year divorce decree in effect (which does not address this issue or anything proximate to it, yet does explicitly details visitation agreement/schedule and joint legal custody). all children reside with ex-wife and new husband. ex wants to allow twin minor... View More
answered on Jan 19, 2017
If your ex-wife is '"assisting" your minor daughters with petitioning the local probate court to change their last names, she would have to prove, beyond a preponderance of the evidence, that the name change is in the child's best interest. Technically they would need to apply... View More
My dad left my sisters and I a will stating us as his sole heirs. My aunt was executor of estates in the will. She told my sister when she went to visit in Puerto Rico that she rented the house and restaurant in Jayuya, Puerto Rico and put the money in the bank account he left us to pay for the... View More
answered on Jan 19, 2017
You need to consult a Puerto Rico attorney if that is where your father's estate is being probated (wrapped up in the court). This is a very specific situation that would need to be handled by someone who is in Puerto Rico.
Can she put her father's inheritance in her bank account instead of mine?
answered on Jan 19, 2017
I am sorry, but your question is not very clear. I don't know of any legal rules regarding a beneficiary of an estate needing to have a fiance or husband in order to received said inheritance. I'm also unsure why there is a question about the money going into her bank account versus... View More
answered on Jan 19, 2017
Yes. This petition can be made with the local probate court in the jurisdiction where your father died. If your father had no specific instructions as to who should handle his remains, the probate court would hear your plea and determine if a change should be made. You may want to consult a probate... View More
answered on Jan 19, 2017
Your PI attorney should be able to assist and guide you with this. It looks as though your question got cut-off, but I believe the Connecticut Uniform Transfer to Minors Act applies here and either you need to be made custodian or be appointed by the Probate court as guardian of the estate of the... View More
do I also need POA now that she is 91 and failing? Mom lives with me, but too ill to keep at home much longer.
answered on Jan 19, 2017
This is a good question! It seems as though you are named as her health care agent, which means you are able to make health care decisions, end of life decisions, consent to surgery etc. If your mom doesn't have a Durable Power of Attorney instrument naming you as her Power of Attorney for... View More
there is no probate everything else was joint - boat only thing not
answered on Jan 19, 2017
Probate would need to be opened in order to change title of the boat to the wife. I would recommend consulting a probate attorney or contacting the local probate court to see if they can guide you if you'd like to try to do it on your own. Good luck!
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