Timothy Denison's answer File a motion to reopen the estate, get reappointed, then claim the unclaimed money, show equal division amongst heirs, have them sign off on it, then file a supplemental final settlement.
Timothy Denison's answer If she was in Her right mind when she signed it, the signatures are valid, misspelled or not. However, the undue influence claim will have to be determined in a will contest action. Check with her physician, who will be in the best position to tell you whether she was capable of signing a will when she signed it.
Timothy Denison's answer Consult a competent bankruptcy attorney. More info is needed, but from your narrative above, it sounds like your dad could file bankruptcy and keep his property while discharging his debt.
Timothy Denison's answer IF you have a copy of the will, you can open probate on it. It may have not been a favorable will for her, so the will disappeared. More investigation is necessary to determine the proper course of conduct.
Timothy Denison's answer Yes. If any debts are owed by the decedent, notice should be given to the creditor. However, if the estate size is $7,500 or less, it may be possible to dispense with the administration of the estate.
Timothy Denison's answer Possibly. The language of the will would determine who inherits in that situation. If the will says per stripes, then your moms share would pass to you and your siblings, if any. If the will says per capita, then your mom’s share would be divided between her siblings and you and your siblings would not inherit your moms share. Have a local estate planning attorney look into it for you.
Timothy Denison's answer Depending on what the new will says, the new wife may take under the new will. Once they married, it became a whole new ballgame. Once she marriedto him, she is entitled to at least 1/2 of the realty and 1/3of the personalty. If she gets that under the new will, fine. If she doesn't, she can reject the will and take 1/2 and 1/3 as if he had died interstate. Your mom and sisters need to consult an attorney immediately to see if they need to contest his new will.
Randall R. Saxton's answer In most states, there are laws that say children who aren't mentioned in a will can petition for a portion of their parents’ estates to prevent accidental disinheritance. Because of these laws, a testator should specifically mention a child they want to disinherit.
Ben F Meek III's answer If you want to keep the house in the family, you'll have to keep the mortgage paid or pay it off. In order to pass title from your father, you'll most likely have to complete a probate proceeding. Most states have summary or abbreviated proceedings for small estates -- less time consuming and less expensive than standard probate. If your father had cash or other property from which to pay the mortgage, you may need to resort to that through the probate process to apply to the mortgage loan....
Kenneth V Zichi's answer If the gift was made without conditions then it is the gift taker's property from that point forward and he can do with it whatever he wants, including giving it to someone else regardless of how the original gift giver feels about that.
Any 'conditions' (eg -0- this is for YOU only and you can't give or sell it to anyone else) would need to be in writing, and done at the time of the gift and be accepted as conditions by the person the gift was given to.
Kenneth V Zichi's answer There ARE ways to insure this happens as you've described. It will not be possible with a 'simple' gift however. Your MOTHER (assuming she owns the house as her sole property) should consult with a local estate planning lawyer to determine what combination of ladybird deed, trust and/or will needs to be used and how it can best protect her during her lifetime, and also pass the property to those she wants to receive it after her passing. I'm not sure what KY law allows so it is VITAL that you...
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