You can hire a probate attorney and get yourself appointed as executor of your mother's estate. You will then have the power of the probate court behind you to demand the return of all of your mother's things so that they can be properly distributed according to the terms of her will or, if she...Read more »
The process of retitling assets of a person after he or she passes is called probate. A probate attorney can help walk you through how to do this. Personalized advice cannot be given in this forum. A consultation with a probate attorney is necessary because the process depends a great deal on...Read more »
You have not provided enough information to answer your question. First we need to know who is supposed to inherit the house. Did your uncle have a will? If yes, who is named in the will to receive the house? If no will, did your uncle leave behind a surviving spouse or children of his own?...Read more »
Of course that is illegal if she owned the house and her will left a right of occupancy to your dad but he will have to go to court to prove that all up. Your dad should hire a probate attorney in his area right away.
Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born... Read more »
In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no
Mother passed away suddenly her husband is keeping her Living Will from the family he doesn’t want to follow her last wishes in the Will I’m supposed to receive her house I don’t know how to get it from him? I know he wants to stay there even with other property he owns. He won’t give me... Read more »
My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »
You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.
My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.
This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.
HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around
A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.
My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »
When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.
The laws in NC state that if someone dies...Read more »
He has been separated from his wife for over a year. No seperation papers were ever filed. She is in a court mandated drug rehab facility and has been there over a year. He has been living with us because of his financial problems. He had a car which was co-signed by his mother. Other than the... Read more »
Only his estate is liable for his bills, not you, except for any bills that you personally guaranteed in writing but you would remember doing that. You don’t HAVE to probate his estate. Failure to probate might leave some things in his name unclaimed and after many years they will be turned over...Read more »
There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to...Read more »
More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the...Read more »
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives...Read more »
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