It is difficult for me to understand your question the way you have written it, but if I understand you, it's an interesting question that may need to be resolved by a judge. It sounds like the personal representative is relying on the three year statute of limitations to limit back payments...View More
You'll need to reopen the estate to correct the other titles or sell the properties. In DC, that won't be very complex since the death was under the post-1995 rules, but having a lawyer would be helpful.
Common law spousal rights may give rise to a claim to a share of the estate, but it does not change title to real estate, so the Estate can sell the real estate and collect the sales proceeds into an estate account for eventual distribution to the heirs/legatees. in order to claim a share of the...View More
Most of the estate's value is the equity on the condo (cca 150 000 dollars. The home value is cca 520 000). According to that, my son's 1/3 should be 50 000 dollars. I am currently unemployed, but I have enough assets to keep paying the mortgage for some time until I hopefully find the... View More
By opening a probate estate, you can transfer or sell anything in your late husband's estate. What I don't understand is how you would be solving your economic problem by re-titling the home to your four-year old son. Once re-titled to him fully, it might be much more difficult to sell it...View More
Nobody can “put” himself and herself on a deed without the signature of at least one legal owners. It sounds like it is possible that you and your siblings inherited the house as tenants and common and then one of them either deeded his or her share to his or her child or is simply allowing...View More
My Aunt passed away 4 years ago in Washington D.C. She was not married, nor did she have children. Her Estate has not been probated because she did not have a Will. She does have several bank accounts with a large amount of money. All other family is out of state, and we realize the complications... View More
No. Some family member or other interested party must petition to open an estate and be appointed Personal Representative, and all other heirs at law notified of the proceedings. The petitioner need not be a DC resident, but could retain local counsel to act as agent and guide them through the...View More
The matter will present some factual issues, but that's all just evidentiary. If he lived in DC, you can do the probate there, and it will be easier and cheaper if it can be filed as an abbreviated unsupervised probate.
Only need to sell stock and apartment reps will doing everything lawyer will only call to say what’s needed to be done to follow law, file paper work with court and write up a letter to beneficiary’s. Well I knew this lawyer was a trying to get ever penny he can, I have not contacted courts... View More
Lawyers in DC are not permitted to charge a percentage— any percentage— in private unless it is a commission on sale of property. If all that is required is a petition for probate, unsupervised, with proper releases all around, it shouldn’t be more than a few thousand, and you get to review...View More
At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to...View More
It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.
Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need...View More
No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of...View More
I have asked the personal representative on several occasions for an update on my mother's estate and have received no information. I want to submit my questions to the probate office of Superior Court of DC, is there a form to complete with the questions or can I just submit them in a Word format?
I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery... View More
If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it...View More
The certificate is a form that you prepare. Whether you are eligible to waive bond, and whether you qualify for bond are complex questions depending on whether or not there is a Will, whether the Will waives bond, and/or whether the Interested Persons each signs a proper waiver of bond or you...View More
I don't understand your question, but I can tell you that paying the lien may give you a claim against the estate, but it doesn't give you title to the car. Title to the car will follow the terms of the Will unless other plans were made by your father before he passed. You might ask to...View More
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials,...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.