Get free answers to your Estate Planning legal questions from lawyers in your area.
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
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... View More
answered on Jul 24, 2018
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.... View 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... View More
answered on Jul 23, 2018
Find another probate attorney in your area to review where you are at in the probate estate. He or she should be able to direct you.
answered on Jul 11, 2018
'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,... View More
Do I use a survivorship form?
answered on Jun 5, 2018
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... View More
answered on Apr 23, 2018
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.
answered on Apr 23, 2018
No, you do not. In fact, your power of attorney terminates at the time of her death. The court will have to appoint a personal representative for the estate.
Do i need an attorney? If so what kind of attorney?
answered on Apr 17, 2018
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.
Not filed probate yet. Stepfather' s lawyer said he cannot file with a copy of the will. How can I force the stepdaughter (my stepsister) to start probate? I have no idea if I am a beneficiary in the will and no way of finding out because lawyer can't tell me what is in the will and step... View More
answered on Apr 12, 2018
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... View More
answered on Apr 6, 2018
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.
I am trying to stay positive but also need to plan for the worst.
answered on Apr 2, 2018
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... View More
I was going to question moms competency legally so she had my POA revoked. Can this be done legally? Durable POA signed by dad but he was already incompetent to sign legal documents.
answered on Mar 20, 2018
Yes. Power of Attorneys are freely revocable by the principal. Your mother is able to revoke at any time.
My father wants to sell the house we grew up in and buy his companion a condo are we entitled to my mothers 1/2
answered on Mar 12, 2018
It's possible. If the house was owned jointly with rights of survivorship between the two spouses (as homes often are), when one spouse passes away the other spouse gets the entirety of the property automatically. It also passes outside of the probate estate. Therefore it is possible that your... View More
answered on Feb 1, 2018
The person should use a form that is accepted in IN if you will be exercising the power in IN. The person should check with an IN attorney if there are any restrictions of an out of state resident holding POA. The person should notify banks or other institutions that you have been appointed, and... View More
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