My mother passed and did not have a WILL, we got her half and my father is still alive. We want to donate her half to my father. WE heard this was the best thing to do in case he wants to do anything. He owns a home and property and vehicles etc.
my father gave me permission to stay at his home while awaiting my home to be ready. During that time he passed away. I am not the beneficiary, my son is. My son is not the executor a lady is who took care of him. Can she evict me while I am waiting on my house to be ready.
I am sorry to say but yes, she probably can, and she probably has a duty to do so. The executor is charged with collecting all property in the estate and securing and maintaining it. Without a written lease, you don't have much of a leg to stand on to stay. You might try negotiating a short term...Read more »
There are four living children, two dead full siblings and one dead sibling belonging to father. Dead siblings have children. Mom left a will leaving the house to me and the living siblings are fine with that. We don't have money for lawyers, so how do we handle this? I am in Alabama but my... Read more »
The will states that we sell the trailer and lot and split it 5 ways. They all signed the succession but the lawyer quit before I signed it. So it’s still not in our names and I’ve lived here for 2 yrs and just want to stay til we sell it.
The executor has the duty to marshall and protect estate assets for the benefit of all beneficiaries. He or she is just doing his or her job. It will also be easier to sell and will sell for more if it has already been vacated, which is in the best interest of all beneficiaries. You could be held...Read more »
My will was drawn up by an attorney in Indiana. We also had it notarized by two witnesses. The witnesses were the notary and attorney. I've read in Louisiana the notary cannot be a witness. Is this also true on a will that was prepared in another state?
Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?
I got picked up for an outstanding warrant for some probation when i was16, im now 21 & whenever I went to court the judge revoked probation and gave me credit for time served plus he dropped the charges. But my probation officer came and told him that I had never done anything i was supposed to as... Read more »
Grandfathers will left house to two kids and grandchild. Probate never opened after grandfather died. Grandmother just died with no will. Now probate will be opened for both grandfather and grandmother.
Does the grandchild have a claim to the home or since everything went to grandmother... Read more »
Grandchild should have claim to home given Grandfather's Will, if it is a valid Will. If Grandma had no Will, her half interest goes to her children, and to the children of any children that predeceased her. Hope that helps clarify. A succession will have to be opened to legally update the...Read more »
My mother made a WILL in 1992, She passed in may 2019 after a long battle with Alzheimer's , we found out her husband changed her Will in 2016, Leaving most of her estate to her husband and his sister if he passed, leaving her daughter only her car. My mother would never leave her husbands sister... Read more »
Contesting the will is a different question, but CC 1521 simply means that someone named in the will has to be alive for at least 6 months after your mother's death to be eligible to receive the legacy left to them.
My mom and her husband had Wills made up in 1992, my mom was diagnosed with Alzheimer's in 2012. Her husband tried to change the Will after a family argument. Now they have both passed within 3 months of each other. Her lawyer won't give me a copy of her WILL because of conflict of interest. The... Read more »
If all you have written is true, you have a good chance of having the 2012 will set aside on the basis of lack of capacity. Hire a will contest attorney to help you. This is not a do it yourself project. And do not delay. If you wait to long you could find that it is too late.
With homes on them to my husband and his only sibling. My Father in laws brother owned a very small percentage of the property and homes also. He signed his portion over to my husband and his siblings very soon after my father in law passed away. My husband and his sister owned them for a couple of... Read more »
Title insurance companies are uber conservative. Any time a married person conveys property they want sign off from the spouse. It is easier than doing the due diligence to confirm that the property is indeed his separate property and that his wife has no marital or community interest or right of...Read more »
The non adopted stepchild has been reported to state authorities for neglect, exploitation of my elder family member whom died with the case still open. Death was 3 months ago. We the family a still waiting on answers from EPS, but afraid this stepchild has not only contributed to his death, but... Read more »
These wrongs have remedies but you need to hire an attorney without delay to pursue them. Yes, as far as the bank is concerned the stepchild can drain the account. But a court can stop that. You must act quickly.
You have not provided enough information to answer your question. I am guessing, though, that you all inherited the property. Yes, the executor can kick you out. The executor has a duty to safeguard all estate assets and prepare them for sale when that is the ultimate plan of disposition.
Your recitation of the facts does not contain sufficient information. A probate attorney would need to know whether the great grandparent had a will and what the will said, and if the great grandparent did not have a will, who the surviving heirs were at the time that she died.
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