My father died intestate and wasn't a wealthy man. There are two beneficiaries. The other beneficiary and I agree, for now, that it is OK if I finance the amount due on the home and become the homeowner. I know that on paper this isn't a fair trade for inheritance, but if we agree on all... Read more »
My wife is named (not yet appointed executor) and her fathers belongings are tying up a fair amount of space in our home. We want probate to just be over with, and don't want it to take forever. We think he wants to contest the will or the appointment of my wife as executor. How long can he... Read more »
One year anniversary. My question would be is the one year anniversary on the date filed? Disposition date? Inventory action date? Acceptance of appointment date? When I asked him these questions he danced around the questions and said the cases was going well. Any answer to my question would be... Read more »
It is one year from the date of appointment, but that is a 'loose' standard. There are reasons it may be extended, and in the interim you should have received paperwork such as the inventory and notices, etc.
If you're not comfortable with what has happened, I'd urge you...Read more »
Yes. It's generally titled a petition for instruction. And you'd want to detail exactly what expenses you are questioning. Just note, though, that judges typically imply the ordinary meaning to terms unless expressed otherwise in their original order. In most probate estate situations,...Read more »
My condolences. I assume you are you dad's child? Did anyone ever probate your mom's estate? And was your dad and mom divorced at the time of her death? If your dad and mom were divorced when she died, then all of her stuff should have gone to you. If they were still married - even if...Read more »
The court was kind enough to name the publication - Oakland County Legal News. So far I have "Publish one time in 1.Oakland County Legal News in 2.Oakland County. Furnish #3 ??? copies to #4 ???. Furnish affidavit of publication to the probate court with copy to #5 ???. Forward statement for... Read more »
My boyfriend’s ex wife died and he has 2 daughters with her, she also has an older son from a previous marriage. Do the daughters and their father have any say in what happens to the home she owned. There was no will and the estate is going to probate.
The (minor?) daughters do but especially if there are minors it gets complicated. As the surviving parent, their father may help them, but HE has no interest in the estate or say over things in his own right.
I’d urge him to consult with a local probate attorney to review all the facts...Read more »
My father recently died and had his previous wills canceled for religious reasons but never redid them. When I went to the bank to inform them that he was deceased, they noticed that I was the beneficiary of the accounts and said that I could finance his balance due for 44K or put a full estate... Read more »
Generally the assets of a decedent must be filed and managed through probate, and it would not likely be permissible to buy the house without probate. Without a will there are statutory rules regarding allocation. This is a situation where you should speak with an attorney to avoid unintentionally...Read more »
Doubtful. Insurance is a contract. If his mom is beneficiary, that's to whom the money will go. Possible exception may be a cash value policy paid into during the legal marriage (not total time together).
Actually, quite the opposite is true: his will is now the controlling document; the power of attorney is no longer effective. You would need to see the will to see what it says about distribution. Most of the time, the will express everything go to the surviving spouse. Even if the will says...Read more »
I'm sorry to hear of your loss. Your wife's ESTATE is responsible for the medical bills she incurred, but unless you've signed something that would say otherwise YOU are not. This has several different ways it could play out, but you'd be well advised to seek the advice of a...Read more »
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