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...View 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...View 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...View 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...View 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...View 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... View 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...View 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... View More
What happens when my mother passes away with a bank account and a house but no will but also has one of her son's on the bank account and the house what will the other 2 sons get or how do we go about getting something and not all go to one son because his name is also on it
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
No, it is not legal for them to do that. You should consult with a probate attorney in your area to look into setting up an estate for your late grandmother and probate the will if you believe that the grandchildren are owed under the will.
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
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
My husband’s father, a resident of Elkhart City, passed away in May. He did not leave any paperwork designating an executor/administrator/personal representative to his estate; although he did have a will.
My husband has three siblings (all are adults). All four of them are in agreement... View More
After her appointment as Personal Representative, your husband's sister will typically file an Inventory with the Court, which is public record. As Personal Representative she should provide copies of the inventory, asset info, etc... to beneficiaries. However if the estate is unsupervised,...View More
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
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
Dad contacted the estate attorney stating he wished to gift grandpas house to me during probate, the lawyer advised to wait. Dad passed leaving me as the executor of the estate, and my brother 50/50 hairs, and the court made me the executor of grandpa's estate. My brother knows dad wanted to... View More
First, I am sorry to hear about your grandfather and father passing away. Yes, your brother is able to disclaim his interest in the real estate, however does your brother have children? If the Will states that your father's estate goes to his grandchildren if his sons predecease him, then...View More
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