Your current state is Virginia
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... Read more »
Can the mortgage just go to me or will it have to involve his estate. I don’t want it to as I don’t want my brother to be involved with the mortgage.
It depends, what does the deed exactly say, what does your dad's will say, is the property homestead, is it in Florida the property, is there a surviving spouse? You will want start by getting a copy of the deed and review it and precisely what it says. It is also probably helpful if you dad... Read more »
Hire a fiduciary litigator.
My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »
I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »
My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... Read more »
Very sorry for your loss and the passing of your father, please accept my condolences. You will likely need to contact an attorney in the state where this is taking place (his residence, place of probate), if the state is anything like Florida, you should be able to go online yourself possibly and... Read more »
I discussed my needs with an attorney. (interview) Five days later, I decided to hire him and I paid a $2,000 retainer.
Three months later, I received my first invoice for $5,300, of which $3,000 was for "work" before I hired him.
The interview was to be free as is... Read more »
A lawyer is always advised to get a signed agreement prior to doing work for a client. However, that fact will not mean that an attorney/client relationship didn't exist. In fact, for you to recover on any of your claims it seems to me, you would have to admit that an attorney/client... Read more »
I was wondering what all i can get out of my divorce? My husband was an extremely emotionally abusive person and there has been times in which he was physically abusive. He cost me my job by calling my boss and accusing me of having an extramarital relationship with a coworker. The home and... Read more »
The family code in California has a section which states that all community property is divided 50-50 between the parties.
My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »
Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... Read more »
Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »
The intent was for them to regain strength and return to a senior facility in Wyoming. If they die here are they subject to Arizona laws such a probate for estate? The Will was created in Wyoming with only money as assets.
Residency is a facts and circumstances test. However, a Last Will which was created in Wyoming, will generally work in Arizona, if residency has changed.
Probate will depend upon whether or not the beneficiaries have control over the assets. There are many ways to find out about... Read more »
My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »
I am sorry for your loss.
Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with... Read more »
I am her only child they have been separated my whole life
It depends on whether or not your mom had a will.
If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the... Read more »
My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home
For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »
I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »
The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »
You do not note whether the agreement is written. Everyone's memory is fallible.
Does this make it my home.what rights do I have,his family dont want me having it in anyway shape or form. Can I change locks on it n go in it so I can try to sell it asap? His family want to go in front of the clerk of court to resolve this ,what should I expect. I dont have $ to hire a... Read more »
I would have to see all the documentation on both your divorce and the title before I could tell you exactly what your interest in the house is. Take all this information to a local lawyer and have them give you an opinion.
The Clerk's Office overseeing the estate process requires this information.
My dad passed recently. My mom/his wife survives him and dad died testate and has a valid last will and testament wherein I was named Executor (I actually live out of State now). I don’t believe that will is on file at the courthouse. So two questions:
1) Assume in NC everything passes to... Read more »
Your mother can request a year's allowance with the clerk in the county they lived. This would cover the one asset and would be cheaper, you may also want to file a notice to creditors as this would allow the sale of the house in the next two years if your mother wanted to do so.
Also he did not have a will, can the still mortgaged house be rented to someone else outside the family?
If your father was unmarried at the time of his death then the house is owned by all four children and can be rented out by any of the four children. The fact that a mortgage exists does not change, any of the new owner's ability to rent out the property. The income from the property must be... Read more »
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »
In Florida can a personal representative be compensated on the value of real estate if the real estate in question was homesteaded by the Descendant at the time of death? The real estate was sold during probate.
No, Homestead is not part of the probate estate. I would further state, the probate attorney should be clearly conveying these facts and answering these questions in a timely manner.
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.
