If you cannot convince the Bank to transfer funds with an Affidavit of Heirship/ Next of Kin, then it may not be worth the time and money to get the funds. Call a WI attorney about a possible summary probate or Affidavit, but it may be best to forget about those funds. Banks keep...View More
Stock Certificates do not have a beneficiary. The owner(s) name is listed. If stock lists another owner other that Father, then that person owns some interest, probably the entire stock. It is doubtful that Father died owning that stock, so it is an asset passing outside of the Estate.
My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... View More
You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.
My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... View More
Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of...View More
After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an...View More
Hello I am sorry to hear about your father. If he has no Will or Trust, then the house and any of his other assets subject to probate would pass according to the laws of intestacy. If you are the only living child, you may be an heir, but if there are other children, or a surviving spouse, then...View More
A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you...View More
Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... View More
Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via...View More
Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?
That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of...View More
Hello, if you want the property to pass to the surviving spouse non-probate upon the death of the first spouse, you can title the property as "John Smith and Jane Smith, husband and wife as survivorship marital property" for example. "survivorship marital property" is the key...View More
Hello, if it is a Pour Over Will it sounds like it was designed to be used with a trust. So first I would examine all of the assets and see if there are any that have not already been titled in the name of the trust. All assets that were placed inside the trust do not need to go through probate, as...View More
She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... View More
The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what...View More
I often advise clients not to add their children to the title of their home, because it can inadvertently expose the parent to creditor claims of the child through divorce, bankruptcy or a lawsuit. However, for you, if your Dad adds you to the title to the home, you would immediately become liable...View More
I am sorry for your loss. If your daughter-in-law named your son as the primary beneficiary, then he would receive the proceeds if he survived her. If she named a contingent beneficiary, then that person would receive the assets if your son did not outlive the survival period outlined in the...View More
There is no one answer to this question. Whether you have the ability to end the easement, is going to depend on a variety of factors, including the original language in the document in which the easement was granted. I suggest reviewing the deed with the easement language in it with a qualified...View More
Power of Attorney documents were drafted for my father, with my sister and I listed as primary and alternate agents. I was living out of state when they were drafted, and didn't sign them, but everyone else did. Also, my address and phone number listed in the documents are not current.
Hello, I cannot be certain without examining the document completely, but it sounds like you are talking about the line on the document where sometimes the Agent signs to acknowledge that they have been named as Agent (usually somewhere after the principal's signature). I know at my office it...View More
This is a very interesting question. While it might be possible for her to leave a bequest to your trust, for tax reasons, it might not be desirable. I think you should examine carefully what type of assets she wants to leave to the trust, and the language of your own trust with an experienced...View More
If/when your husband passes away you can work with an attorney to complete a disclaimer, and if your children are the next named beneficiaires in the Will or Trust it would go to them. If your husband is still alive, you could have him alter his estate planning documents now to accomplish this...View More
I have my dad's Will. It names me and both my brothers as the homeowner's in the event of his death. My brother's want to quit claim deed their share to me since I live in the house and need to get it in my name to get homeowner's insurance on it. I was told it has to go through... View More
I am sorry to hear about your father's passing. I would suggest either saving up the money to hire an attorney to help you get the house through probate, or attempting to open the probate process on your own. If the real estate has value (presumably it does since you want to get the house into...View More
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