It is VERY unlikely to cause issues. Usually there is something else in the will that will clarify any 'ambiguities' (e.g. "My Wife Jane Joe", and "my children John Joe Jr and Billie Jo Joe-Harris" are identified in the will) which would make the identity of the... View More

You are - likely - the next of kin and entitled to half of your dad's estate. Grandma may try - and could be named personal representative.

Is this grandson your son? If so, then no, you don't need to include him. If he is the child of a sibling that is deceased, then yes, you do need to account for him. If he is the only grandson, he would inherit whatever his mom or dad (your sibling) would have received. If you had just one... View More

I understand you weren't the custodial parent, but are you the legal parent to this child? If so, you are on the hook for court fees as much as the other parent.

This is the way the court looks at it: if a minor needs juvenile assistance, the parents - not the tax payers - should fund... View More

Any interested person (including you, or your father) can petition the Probate Court to modify or terminate the conservatorship or guardianship, on account of changed circumstances and that the continued guardianship/conservatorship is no longer necessary for your father's protection. More... View More

There are certain requirements a landlord must follow before eviction, including serving the tenant with a notice to quit, and then filing an eviction suit and getting a writ of eviction. It sounds like this process may not have been followed in your case. It would be best for you to consult with a... View More

Unless there is an active court case, timeframes are moving targets. What are you requesting? I think it's reasonable to assume that opposing counsel is not going to respond. The questions you should be asking your attorney is what the next step is, and is it worth it (financially) to proceed.

Usually, when a house is sold appliances are listed separately as personal property, and they are transferred using a bill of sale or an assignment of property. This is in contrast to the real estate, which is transferred using a deed. Your settlement statement at the closing should include values... View More

Fair market value would be the sale price that you could get by selling the same items to a third party in an arm's length sale. For example, on Craigslist, Facebook marketplace, garage sale, yard sale, etc. OR, you could also think of it as the price you would have to pay to buy an equivalent... View More

You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.

No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the... View More

The short answer to your first questions is yes, if she is mentally competent she can sign powers of attorney no matter what the state of her physical health is.

The much better answer to all these questions is she should not be making these decisions without the involvement of a local... View More

First question to ask is whether this is an issue. In other words, is the personal representative contesting the surviving partner's claim in the property? If not, then there's not much of an issue; the court is not interested in sifting through items of personal property. If there is an... View More

Beneficiary of what document? Will? Trust? Bank Account?

If the former two, you have the right to request that of the Trustee/Personal Representative

If the later, you should be dealing directly with the bank, and you don't need an 'accounting' so much as you need to... View More

There is a SCAO form that you can access that you would need to complete and file with the probate court.

A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.

Since there is no 'one repository' of 529 plans you won't find 'one place' to look for the information you seek other than your relative who has the information.

Short of that (and mending fences with family is RARELY a bad idea for non-legal reasons -- so DO... View More

What does the Order granting guardianship say about visitation/parenting time?

Is it at the discretion of the parties? If so then you need to petition the Court that granted the guardianship to allow for parenting time/visitation if your mother won't cooperate.

If the order... View More

You could file for guardianship/conservatorship over your father. Then, if the court believes your father is in need of legal protection and the past conveyance was not in your father's best interest because of duress or undue influence, the court could set aside the transfer. To do any of... View More

That is probably correct but there is a lot more to it than that and the probate process is very technical.

I’d urge you to consult with a local probate attorney to insure you follow the process properly and avoid problems.

— this is offered for information only and does not... View More