First, the power of attorney has no effect after the principal dies.
Under the laws of intestate succession in Indiana if a person dies without a will and is survived by children but no spouse, then the children inherit in equal shares. You should hire a local probate attorney to help...Read more »
A lawyer in possession of the original will is usually obligated to lodge it with the local probate court when he learns that the decedent has passed. If the lawyer only has a copy of the will, usually he will only provide the copy to the executor named in the will, absent a court order.
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... Read more »
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.
This is an example of do-it-yourself estate planning gone wrong. Grandmother should have had her estate plan prepared by an attorney, and clearly she did not. You see, the problem is that the distribution of a 401k at the plan participant's death is governed by beneficiary designation, not...Read more »
Mother passed away without a will. No surviving spouse. Three adult children. All heirs agree to keep house in all three names. There are no significant debts and no mortgage. Would a small estate affidavit suffice to get the deed transferred?
Yes, if the house is only worth $30K, then you can transfer via Small Estate Affidavit. I recommend verifying the value by a 3rd party such as the assessed value provided by the County for property tax purposes or hire an appraiser.
If you have additional questions, feel free to contact...Read more »
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?
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.... Read more »
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...Read more »
Actually, yes, the executor can keep other family members, including beneficiaries, out. It is the executor's DUTY to marshall and safeguard estate assets. When the executor fails in this duty, assets tend to grow legs and disappear.
In a way you can, yes, but it is not easy. It would entail hiring an attorney to file an action for "partition", which usually ends up as a court-ordered sale of the home with the proceeds split among the co-owner/heirs. If one of the heirs wants to be the buyer, she is welcome to submit a bid.
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.
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...Read more »
If all of your assets are in both of your names, you most likely do not have to probate anything. If there are other assets that were not jointly titled and left over you may want to look to probate alternatives like a small estate affidavit to transfer them into your name. Consult with a local...Read more »
Even though everyone is in agreement, in order to transfer property from your mother to you and your siblings you will need to hire a probate attorney to open and assist in administering your mother's estate.
When the estate is opened a personal representative is appointed who has...Read more »
If he is mentally competent to execute a power of attorney, check with the hospital. Sometimes they are able to assist with a basic POA. You could also contact an estate planning or elder law attorney. Some are willing to go to hospitals or nursing facilities to have the documents executed. If...Read more »
As a matter of law you have a duty to 'spread the will of record' or 'file the will without administration.' What this means is that you go to the court and file the will with the court but do NOT probate the will. No administration is put in place, no executor is appointed, no...Read more »
My grandfather was survived by a spouse, three children and I am the only surviving grandchild. Although my grandfather and I were close, I am estranged from his new spouse. I am also estranged from my father. I have checked with both Lake County and Porter County Courthouses (both where he lived... Read more »
There are several possible explanations for why you haven't been contacted about an inheritance. Here are some examples: Granddad left a Will but made no specific provision for you; Granddad left a will but had no property requiring probate (e.g. he owned all of his real estate as a joint...Read more »
My fiancé has been on probation (in Cass County) for almost three years for a statutory rape charge. Due to this he is a registered sex offender. In late November he was arrested on a Failure to Register charge from Grant County and subsequently violated on his probation in Cass. We really... Read more »
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.