my father has me and my sister's benefices for all of his accounts
answered on Jun 30, 2022
More information is needed, however unless your 1/2 is a forced heir, then he could leave your 1/2 sister out of the will. Please contact a successions attorney in your area to specifically discuss your case.
answered on Jun 17, 2022
Generally a petition for possession is filed with the clerk of court where the decedent lived at the time of death. Sometimes and administration is required where someone is appointed to handle the business of the estate. Once the heirs are identified and the assets of the estate are identified,... Read more »
My brother is the excector of my Mom's estate and he has sold all of the household goods in order to pay his attorney to fight me in court, can he withdraw money from the estate without judge approval?
answered on May 23, 2022
Most likely yes, but a lot of it depends on the language in the Order which appointed him as executor. Also, you might be able to go to Court and context the disbursements-----contact a succession lawyer in your are and arrange a consult to specifically discuss your matter. Good luck.
My father passed away in May 2020. Among very egregious things she has not provided any information at all from the beginning till now I’ve asked numerous times and I am always told it will be soon I don’t even know what it was to begin with
answered on Apr 10, 2022
If the trustee will not voluntarily provide you the information you request and you are entitled to receive such, then you need to consult with and possibly hire an attorney to assist you in obtaining this information.
answered on Apr 5, 2022
It's a case by case basis determined by the complexity of the estate and the organization of the debts/assets. If you are on good terms with the attorney who opened the succession, then contact the attorney and ask for a timeline, as well as what needs to be completed before a disbursement... Read more »
I am currently making a will/trust who names my daughter as beneficiary of my property, however, I am unclear about a mortgaged property and how it is handled.
answered on Feb 21, 2022
There are potential income and tax consequences depending on when you make the transfer and how you accomplish this----as such, I recommend that you at a minimum, seek a consultation with an estate planning attorney to discuss your objectives and how to accomplish them---and if, after meeting with... Read more »
I'm the only girl and the baby. It was always known that I was to inherit mother's jewelry collection. My oldest brother is the exacutor of my trust and was the beneficiary of my parents estate for past 7 years. Mother died n November and dad in 2018. We are at the end of the succession... Read more »
answered on Feb 11, 2022
You need to contact an attorney who handles successions and estate matters as soon as possible to file the proper pleadings to review the pleadings filed, protect your interest and to object to the inventory your brother has likely filed, if it does not have your mother's jewelry listed.
Mom died 7 months ago. Mom had a line in her will that stated, "all donations inter vivos which I have made to any of my children are intended as extra portions and collation must not be required of any of my children." I was moms sole caretaker. My sister did nothing. Mom gave me... Read more »
answered on Feb 10, 2022
I am sorry for your loss and that there's conflict in your family at this time. But in answer to your question, based on your post and because there is conflict with you and your sister, I recommend that you consult with a succession attorney to specifically advise/represent you in connection... Read more »
answered on Jan 27, 2022
A power of attorney grants the agent/attorney in fact authority to make decisions and take actions on your behalf, as spelled out in the POA, while you are alive. It expires at death. If you want to designate who receives property when you die, then you need a will or a trust or, in some states,... Read more »
My wife recently passed away. We did not have any children but she had two children from a previous marriage. I never adopted them or anything like that and they are both in their 30's now. During the marriage I had and still have a 401k that I contribute money to. My wife is obviously no... Read more »
answered on Jan 26, 2022
With the concerns identified in your post, I would recommend that you contact an attorney knowledgeable in community property law and in probate/successions law to discuss your concerns and any other which you might think of before your meeting and how to proceed going forward.
My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »
answered on Jan 24, 2022
Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.
My wife passed away and I have 3 minor children. There was no Will and the only community property is our home. My wife and I are on both the mortgage and the title. I am considering selling the home and know I need to go through succession but my question is on the process.
There is not a... Read more »
answered on Jan 20, 2022
No matter who and how many replies you get to this, I would recommend that you contact a successions attorney in your area and have a sit down and specifically discuss your situation and determine the best way to proceed. You use the term "simple succession" which might have a specific... Read more »
answered on Jan 18, 2022
If the will is handwritten, you do not need witnesses. There are, however, other requirements that must be met in order to ensure the will is valid. It's best to speak with a succession attorney.
Husband has taken the kids and car and now living at his moms. This leaves me and the oldest son who is not biologically his but has been raising since 2, he is now 9, with no vehicle. He said he won’t let me see the kids until I get a car. He makes more money than I do and we have always shared... Read more »
answered on Jan 4, 2022
Find a cheaper place to live and leave. Hire a divorce lawyer and get a car.
Father passed away. Succession listed separate property as community property giving his wife usefruct over property. He owned it before they married. Now the rightful heirs of the property want to fix the succession.
answered on Nov 2, 2021
You need to have the paperwork amended-----again, the best way to do this correctly and efficiently is to hire a succession lawyer in your area to guide you through the process. Good luck.
The immovable asset is real estate located in California and was purchased with community funds.
answered on Oct 28, 2021
Both. You have a main probate in Louisiana and an ancillary probate in California.
My wife inherited 50% her grandfather's house in 2013 when he passed away. We weren't allowed to move in because Louisiana deemed it a family house. Her aunt has been living in the house since 2014 but is not paying property tax. We received a letter in the mail with my wife’s name and... Read more »
answered on Oct 26, 2021
At some point in time the taxes will have to be paid or you risk losing ownership of the house. Based on your post, it is not clear whether the sheriff has seized the property for a tax sale, or if someone pad the unpaid taxes and "purchased" the property---you need to contact an... Read more »
Where does a mother begin ? A firm has most recent will.
answered on Oct 20, 2021
This sounds like there may be some contested issues----if so, I recommend that you contact a successions/probate attorney in your area to ask specific questions and the attorney can also ask you specific questions so that you can get specific information about your situation. Good luck.
answered on Oct 13, 2021
I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.
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.
