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Your current state is Ohio
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.
If the California... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More
I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More
answered on Oct 18, 2024
Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More
I am moving in a few weeks.
answered on Oct 17, 2024
I would recommend hiring a very competent attorney that you trust to pay taxes and maintain the properties. Do not hire a crook. It may be advisable to hire two people. You will also need someone else such as a relative to check on the properties and report back to you. Estate Planning may... View More
answered on Oct 17, 2024
Yes, you could - subject to some caveats - move assets to a trust after taking a loan on the asset. By taking a loan on the asset, I'm guessing you mean you've borrowed money that is secured by a lien on the asset.
The most common situation where this comes up is where a person... View More
I want to just file one POA that covers everything including Healthcare decisions
answered on Oct 15, 2024
Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More
answered on Oct 14, 2024
That depends? Is there a will? If so what does it say? If there is no will, it depends on where you live and what the law of intestacy dictates in your law. The fact that you stated "only living child" might imply that there are other children that predeceased, it might also mean there... View More
I have two siblings and my sister died owning land. I want to sell it.
answered on Oct 13, 2024
Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More
I have two siblings and my sister died owning land. I want to sell it.
answered on Oct 14, 2024
Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More
I have two siblings and my sister died owning land. I want to sell it.
answered on Oct 14, 2024
I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her... View More
answered on Oct 12, 2024
If no estate was opened, your wife did not receive Letters Testamentary and therefore cannot act on behalf on behalf of the estate, which includes signing a deed.
Your wife, assuming she is the named Executrix in the Will must submit the Will for probate in order to receive Letters... View More
answered on Oct 11, 2024
First your mother will have to get the house in her name alone. Depending on the wording of the deed, that may require probate or an affidavit. Then your mother can do her estate planning. A will does not avoid probate, but there are other ways. A trust avoids probate. She should schedule a... View More
The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok
answered on Oct 11, 2024
Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More
The?
Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.
answered on Oct 10, 2024
The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More
My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?
answered on Oct 8, 2024
I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More
His uncle owns property that connects with ours we would like to purchase that property but not sure since the power of attorney. My husband and his uncle are the only remaining people in his family so there are no other heirs.. we do not want the nursing home to make us sell it which is why we... View More
answered on Oct 7, 2024
The question presents potential issues of self-dealing in derogation of fiduciary duties and credit fraud, elder abuse, and even potential Medicaid fraud. But, the funny part is one of the first lessons I learned in practice from my mentor’s mentor: If nobody is going to object, there are many... View More
My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More
answered on Oct 7, 2024
Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More
I know the power of attorney doesn't give him that right.
answered on Oct 7, 2024
Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate... View More
answered on Oct 8, 2024
If you're asking whether attorneys could present more than one legal theory (pleading in the alternative), that is generally permissible, subject to the rules of civil procedure of the jurisdiction. Federal Rules of Civil Procedure allow it. If you're asking if someone could present... View More
answered on Oct 4, 2024
People can write whatever they want and give the document to the court clerk, who will accept it so long as it is in the right format. But, after that point, the judge and any opposing party will read it. If the information that the witness changed is material (meaning it matters from a legal... View More
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