my wish is that the home stays mortgage free permantly
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answered on Sep 23, 2019
Yes, there is a way using a testamentary trust or revocable living trust. This is not a do-it-yourself project. You should hire a very experienced estate planning attorney to assist you with this.
My name is posted online as the second owner and in the recorders office. My quickclaim was recorded and I have a reciept. What is needed to change myself to the primary owner? My family says a probate is needed, but online I read survivorship. Also my mother was ill and used alias names as she... View More 
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answered on Sep 21, 2019
It is not possible to answer your question without reviewing the deed and obtaining additional information. Your best bet is to contact a local real estate attorney and schedule a personal consultation.
testator is wife, named executor is second husband. wife's children from first marriage want to see the will BEFORE the wife dies; named executor refuses. do the children have any recourse if the wife was of sound mind when the will was made, OTHER THAN asking her?
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answered on Aug 19, 2019
No. Wills are private and amendable until the testator dies. I know that is frustrating, but there is nothing you can do to FORCE anyone to show you the will before the testator dies.
Dad and 2nd wife bought a house in Indiana and it is in both names. There was a will. She was named as executor with my sister and her daughter named as seconds. The will stated that she could stay in the house until she dies and then it was to be divided between my father's and her kids.... View More
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answered on Aug 14, 2019
You need to hire an attorney right away to review the will and the final order of distribution in the probate and possibly the order permitting the sale. It is possible she is doing wrong, but it is also possible she has decided not to stay in the house and is selling it now and the proceeds will... View More
This is in pennsylvania...They had no kids together but Mom has 4 children surviving. He is selling the property are we etitled to a portion as there was no will left.
answered on Jul 9, 2019
I do not have a license to practice law in PA only in IN, so with that said this may not apply to the laws in PA, but based on your question and situation if she did not leave a will then he is the one entitled to the property as her surviving spouse.
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.
answered on Jun 19, 2019
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... View 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?
answered on May 21, 2019
You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.
My brother and I are the only heirs and the estate is solvent. We would both petition for Personal Representative. It is a simple estate and wanted unsupervised .
answered on May 14, 2019
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.
We have been married for 6 years. The house and all vehicles are in both my husbands and my name. What would happen to our assets if he passed without a will?
answered on Feb 7, 2019
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,... View More
If you disclaim inheritance, do you forfeit your position as an executor and as a trustee?
answered on Jan 21, 2019
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.
I desperately want to know about the Dad I never knew. The internet is not helpful. Am I entitled to any info or possibly something of my Dads? Do I have to file something?
answered on Jan 14, 2019
I can relate as I found my biological father through a combination of DNA and paper trail research long after he had deceased.
Unfortunately, those in our situation have no legal rights as heirs or children without initiating steps to solidify our status as a child of the father we found.... View More
answered on Dec 4, 2018
Yes. There is nothing that prevents a single individual to act in all of these different capacities at once.
Our mother was her beneficiary and she is deceased. I had to pay for her furneral out of my pocket because they would not wait for insurance. How do I get paid back my out of pocket expenses?
She also had medical and credit card bill, that over exceed her assets.
answered on Nov 7, 2018
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... View More
The will instructed another to send the money to the individual caring for her cats, that's me. I did not receive the money. How do I proceed?
answered on Nov 7, 2018
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... View 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... View More
answered on Sep 25, 2018
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.
answered on Aug 27, 2018
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.
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... View More
answered on Aug 15, 2018
Wills in Indiana do not have to be notarized. They do require two witnesses to be in the presence of the testator as they sign.
A small estate affidavit does not appoint you to be the executor of the estate. It is used to claim property that you are entitled to as an heir without the need... View More
bank account shows more then when passed
no copy of sale of house to heirs
payment made to mortgage that representative said would not happen
answered on Aug 15, 2018
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.
ed herself her interest in her property does that sever the ros and make it tenants in common leaving her interest to her hiers all the paperwork is filed and recorded in 2003
answered on Aug 7, 2018
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... View More
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.
answered on Jul 30, 2018
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... View More
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