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My aunt died 12 years ago and the attorney refuses to file the will. Yet, he continues to represent the property she left behind.
answered on Jul 20, 2011
The personal representative (not necessarily the attorney who drafted the will) has a duty to promptly file the will and open the estate. This is usually within a few months after death. A copy of the petition and will must be mailed to all interested persons. It may take several years to wrap up... View More 
He has made a will but it seems that upon his death this will was not transmitted to the authority by whoever was entrusted with it.
The will was probably enacted 03.03.2011 (!) . Who is now the legal heir now: the one person --> wife of my cousin ) according to the original will ?
answered on Jul 20, 2011
The question is not clear as written. Obviously a will written 20 years after someone's death is not valid. Every will in this state must be witnessed by two witnesses who see the Testator sign which helps ensure that a document presented by an heir was actually written by the deceased. If... View More
answered on Jul 20, 2011
It depends and a person can set it up either way in their will. Check the will to see whether the beneficiaries were listed to inherit "per capita" or "per stirpes." Per stirpes means that if an heir died before receiving their potion, their kids inherit their share. Note that... View More
answered on Jul 20, 2011
At the outset you should check the will to see whether the estate pays death taxes or whether the beneficiary bears the burden. Next realize that there are multiple levels of possible taxes and various taxes may apply depending on the size of the state and relationship between the deceased and the... View More
Husband; then, he dies; does the Step son have the right to sell the home and all it's possessions? There was an heirloom promised to be given to the living sister? The Step son never said a word to the living sister. Not even that his father had passed on.
answered on Jul 20, 2011
Quite possibly yes. The answer depends on how the property was titled and what the will of the last spouse to die said. If the property passed outright to a spouse, at their death their estate would get it and pass it according to the will (or if there was no will by intestate succession to their... View More
How are the assets distributed between a spouse and a child from a former marriage?
answered on Jun 25, 2011
The answer depends on what family members survive and whether the child is a minor or not. If the child is over eighteen, the spouse gets the first $15,000 as a "spousal allowance" and the rest is divided in half between the spouse and child(ren). This post offers general legal... View More
Does my dad have any legal rights to the property if recorded under trustee name of his sister? What about rights to family items, property, money, etc... Being a son, will he get called to the will reading even if he is not a beneficiary named in the will?
answered on Jun 25, 2011
If someone died with a will, that will governs what happens to the property in their estate. This includes anything titled in the persons name when they died (whether real estate, furnishings, cash, etc.) When an estate is opened in this state, the personal representative must file the will and... View More
answered on Jun 20, 2011
When a person dies without a will their estate passes by "intestate succession" and the law specifies who will inherit. Who inherits and in what percentage depends on who survives the deceased -- parents, spouse, children, etc. The law also allows for a modest spousal / family... View More
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