Alexander Florian Steciuch's answer You should consult with a probate attorney for at least a consultation. He or she can best direct you after reviewing the entirety of the facts and situation that you are in. There may be non-probate methods available to you to claim what assets there are, including the insurance policy, especially if the estate is insolvent.
Alexander Florian Steciuch's answer If there is a probate estate opened and still open, you contact the personal representative of the estate asking for your distribution. If the personal representative does not respond or denies you, you retain counsel and have him or her petition the court to force the personal representative to respond. It's best to retain counsel and if that is not economically feasible for you, at least schedule a consultation to obtain legal advice after reviewing all of the facts, information and...
Alexander Florian Steciuch's answer Since you have already met with an attorney you should be asking your attorney these questions. Depending on what type of estate you have opened, your answer may vary.
Alexander Florian Steciuch's answer Easiest way is to ask the executor for a copy of the will. You can also look to see if the will has been deposited with the local court in the county of your mother's domicile or residence.
Alexander Florian Steciuch's answer No one is going to be able to give you a solid answer without reviewing all of the available evidence. You should schedule a time to sit down with a probate litigation attorney with all the evidence you have and he or she can give you that recommendation.
Alexander Florian Steciuch's answer Joint tenants with rights of survivorship can have those rights severed if the property is transferred in part, such as if a person deeds their interest in the property as tenants in common.
You should sit down with a real estate attorney or a probate attorney as soon as possible to review all the necessary and relevant documents to obtain legal advice specific to your situation and possibly retain legal counsel.
Alexander Florian Steciuch's answer I am sorry for your loss. If your mother was living with your grandmother and your mother refuses to leave the property, she will have to be evicted. That means going to the local courthouse, filing with the appropriate court and getting a court date to obtain a court order granting the trustee possession of the property.
Alexander Florian Steciuch's answer No one is going to be able to give you an adequate answer here. You need to consult with an attorney experienced with trusts and trust litigation to review the trust terms and get the full account of what is occurring. If there is a quarrel with the other beneficiaries there could be litigation. Consult with a trust litigation attorney ASAP.
Alexander Florian Steciuch's answer 'Retirement money' in this context could mean any number of accounts or investments. It is difficult to answer your question with limited information.
In general, anything with a beneficiary designation passes outside of a person's estate. This can include IRAs, pensions, life insurance, brokerage accounts, and annuities. However this is not an exhaustive list. If you want to get a more definite answer sit down with an estate planning attorney.
Ben F Meek III's answer It depends on how the property is titled. If you and your husband are reflected on the Deed as "Joint Tenants With Right of Survivorship" you are now the sole owner and an affidavit of termination of Joint tenancy (or your state's equivalent) is probably all that is needed. If your husband was the sole owner (or if the two of you were Co-tenants or Tenants-in-Common), you'll probably have to begin probate proceedings to pass the property's title to you. (You''ll have to figure out how to...
Betsy Walits' answer You don’t. Having bank accounts separated is also irrelevant unless by agreement. Therefore, you can protect yourself by agreement only, no other method is foolproof. I would hire an attorney who would negotiate this with your spouse or wait until you have time to negotiate after filing.
Alexander Florian Steciuch's answer No one can determine if you need an attorney to go through his estate if it is unknown what might be in it. If you do need a lawyer you are looking for a probate attorney and that probate attorney would be one based in Arizona, presumably because that is where your brother was domiciled.
William J Webster's answer In general you need the original Will to open and estate, however in certain circumstances you can open an estate w/ a copy of the Will. In this case, if someone has the original Will and fails to produce it or it's in the "lock box" at the bank, etc... You can open an estate with a copy and then compel the party to produce the original Will.
If the daughter is the Personal Rep and will eventually be the attorney's future client for the estate, he or she may be reluctant to take any...
Alexander Florian Steciuch's answer Assuming you own the house outright by yourself and that there are no other joint owners with rights of survivorship, yes. You can accomplish this by a transfer on death deed, by dictating it be done through your will or other testamentary instrument like a trust.
Alexander Florian Steciuch's answer If you are not on the lease you could be facing an eviction after your father passes away. Even if your father's home is your residence, if you are not on the lease the landlord has every right to move to evict you immediately.
This does not have to be the case though. The landlord could work with you to sign you on to your father's current lease, or execute a new lease with you after your father's passing. This is not something that you should wait on.
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.