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Your current state is Ohio
As the executor of an estate, can I write myself a check from the estate account to reimburse for probate expenses, even though there is no specific mention of reimbursement in the estate documents or court orders?
answered on Mar 28, 2025
Whether the estate underwent probate with a will or without one ("intestate") determines this. Most wills have a provision that allows reimbursement for court expenses and reasonable fees. Explicit statements of this provision are not uncommon. To be safe, you'll need the... View More 
I have signed three powers of attorney for each of my children using a standardized form that was notarized. One was signed several years ago, and one was more recent. I no longer feel comfortable with the person I granted this authority to. There is no specific type of power of attorney involved.... View More
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answered on Mar 27, 2025
I do not think it is possible to have three concurrent attorney in facts. In any event, all you need to do is revoke them. Tell each child the POA is revoked and send a notarized revocation to each child and any third parties that you think have been notified of the three POAs. If real... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
I'm named as a beneficiary on my father's ladybird deed, along with my sister. The deed has been recorded. My father has recently passed away, and the property is neither occupied nor leased. There are no outstanding debts or taxes, and no restrictions or conditions on the deed. What... View More
answered on Mar 26, 2025
First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 26, 2025
I am sorry to hear about your mother's health struggles related to her stroke and hope she will recover and improve soon. Transferring a property can be problematic, this is especially true if it concerns a Florida Protected Homestead as special rules, laws and protections apply to it. Also,... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 26, 2025
I'm deeply sorry to hear about your mother's stroke, and I sincerely hope she's making a good recovery. Given her health and the ongoing mortgage payments, it's essential to carefully consider the legal and financial aspects of managing her property.
In Florida, several... View More
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?
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answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a... View More
I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More
answered on Mar 24, 2025
Have you considered the effect of losing the income tax benefit of stepped up basis before worrying about the exemption code for the recordation tax? You really need to consult a lawyer or, at least, a CPA, to determine whether you are exempt from all taxes. You might be, but your focus on a... View More
I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More
answered on Mar 24, 2025
Deeds in Maryland usually trigger state transfer, recordation and county transfer taxes. The Maryland Annotated Code, Tax Property article, section 12-108 lists exemptions from state transfer tax. Exemptions from recordation tax are listed in 13-207. County transfer tax exemptions vary... View More
I am transferring a parcel of land located in Howard County, Maryland, from my 87-year-old mother to myself and my son. I was informed that exemption codes should be included in this process. Since there are no liens or mortgages on the property, can you guide me on finding the appropriate... View More
answered on Mar 25, 2025
I agree with the other two answers. I am adding this additional response so that you can undertand some of the tax consequences and reconsider what you are doing so as to avoid those extra taxes.
When a person sells their property during their lifetime, they may realize a capital gain,... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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answered on Mar 23, 2025
You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More
I was overseas when my husband, who held power of attorney, transferred all our assets into his name, divorced me without any notice, and I was not served with any legal documents. The events occurred in Galveston, Texas. How can I challenge the divorce and the transfer of assets, and what are my... View More
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answered on Mar 23, 2025
The attorney-in-fact under the POA is a fiduciary for his principal (you). Conveyances of the principal's assets to the agent, by the agent, are presumptively fraudulent. He could rebut the presumption, and it may have come under the divorce proceeding. Hire a TX attorney to file suit... View More
Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
I am looking for guidance on inheritance matters in Texas. There are three cousins who are next in line for an estate. Two brothers who were originally in line for the estate have passed away. One of the deceased brothers had a wife who has also passed away and has two surviving children. The other... View More
answered on Mar 20, 2025
You should consult with a probate attorney who practices in the county where the decedent died. An intestate (without a will) probate can be opened in the County. The rightful heirs will be determined, and the administrator will distribute the proceeds.
If the two brothers have passed,... View More
My husband passed away and a piece of land in his succession has this statement on this piece of property. I am his survivor and inherit his estate do I get this piece of land
answered on Mar 19, 2025
More information is needed here and specifically, perhaps a review of the document itself because unless someone reviews it, one is really just guessing as to what is actually intended. It may be the donation is to husband and wife but that's simply an uneducated guess if one does not have... View More
Following my parents' divorce, it was stipulated in the divorce papers that I would receive a 1/4 interest in anything my father received from the Harber estate. My father, who had inherited a trust alongside his sister, has since passed away, as has his wife. I have the divorce paperwork, but... View More
answered on Mar 19, 2025
You should probate your father's Will. In accordance with the divorce decree, he should have left you the 1/4 interest you are entitled to in his Will. If you cannot locate your father's Will, you can still probate your father's estate as one of his heirs at law and argue that you... View More
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