My dad passed first, then my aunt a few years later. They never transfered the deed after probate and neither had a will. She had no children or spouse. My dad was divorced with 4 children. We are at a loss as to how to deed the house in one or all of our names. We are in Indiana.
This is likely a 'multistep' process -- was Grandmother's estate probated? But the deed was never given during the probate? You will need to reopen the estate and get the deed from Grandmother's name to the appropriate parties. Likely that deed will need to be 'tenants in common' which means that...Read more »
We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?
The answer is yes and no. In some counties you can file without an attorney. In others, they require that you are represented by an attorney, especially in an estate without a will. Check the local county probate rules where the deceased lived or contact the probate clerk in that county.
First off, you should consult with a probate or estate planning attorney in your area for legal advice. These situations should always be thoroughly reviewed by a probate or estate planning attorney, otherwise costly mistakes can be made.
Second, if your husband passes away without a will,...Read more »
Disclaiming and inheritance is not the same as renouncing your position as an executor or a trustee. You can disclaim a part or whole of an inheritance. You can refuse to serve as the executor and choose to stay on as trustee. It is not an all or nothing situation.
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...Read more »
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...Read more »
My husband passed away going on 7 weeks now and In his will he left me the executor of the estate and left it up to me to choose what to do with everything. He was a family physician and I have already taken care of his practice and have sold it. But he left myself and my 2 children with a lot of... Read more »
My father had a last will n testament made up before he passed but didn't make it long enough to go have notorized he had me his daughter as his executor, I've waited the 45 days after his passing have a notorized small estate affidavit but don't know what I need to do next to be his legal executor... Read more »
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.
My mom lived with my grandma, who recently died, for decades. The house was placed in a trust that is supposed to be divided between her and her siblings evenly. Her siblings now want to sell the home and are trying to kick her out immediately. I just want to know what her rights are.
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...Read more »
I opened an account with a medallion signature as directed by the bank. When I called the bank asking where to funds were, I was notified by the bank officer that my one cousin who is the trustee has put the transfer on hold because of a quarrel he is having with his brothers. My uncle’s... Read more »
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....Read more »
This has been going on since 2013, he has not done anything for the last two years, I have most of the documents . Some of the paperwork I do not have answers to, because he never followed through. I have called him and he has said, we need to get together, but nothing ever came about it. I don't... Read more »
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...Read more »
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.
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