So what you're saying is, your mom gifted the property to you. The property became yours upon completion of the gift, ie when it was delivered to you. Now, your sister is detaining the property against your rights and not allowing you to have it.

You could sue your sister for claim... View More

I'm sorry to hear of you loss and I'm even sorrier you mom did not seek legal help before placing your brother's name on the deed.

Unfortunately, what your mom "wanted" is not as important as what she did legally. LEGALLY, it appears, she put your brother's... View More

Trusts are generally private documents that do not require public filing like a will or disclosure in probate. A will may reference a trust and disclose its existence. You may also search public records for property that is commonly put in a trust, like a home, that would require a deed listing... View More

A person in possession of a deceased person's will has a legal duty to forward the will to the Probate Court in the county where the deceased person last lived. You could check with the Probate Court and see if a will is on file. Also, if you are a designated beneficiary under a trust, you... View More

If you have a lawyer, he will be in a much better position to answer this. The point of the letter from the court is that the appointed personal representative has NOT got everything under control and has failed to complete the probate appropriately. Whether or not that will cause YOU an issue is... View More

The will is valid. The question is whether there is any property owned by your deceased stepdad that requires probating. If all your stepdad's property was jointly owned with your mom with survivorship rights, then the property would pass to your mom automatically and the will may not need to... View More

To the extent the ESTATE has a lawsuit, if you are validly excluded from the will, you too have no claim. If YOU personally also have a cause of action that may not be the case. To know for sure however, it would require an actual consultation with a local attorney to review all the facts and... View More

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answered on Feb 20, 2020

Your uncle cannot sell the condo, and neither can you, without either a power of attorney from your father or court-ordered conservatorship over your father. Being named as executor in a will is not sufficient authority while your father is alive.

That said, it sounds like the issue... View More

The money belongs to your father in law's estate. How the money goes from there depends on whether he had a will or other estate planning done, or if he died intestate. For further information, consult with a probate attorney in your area.

Possibly. When real estate is involved, it will either need to be probated or dealt with using a petition and order for assignment. The procedure used by your lawyer may not have been the correct one to use. But to be sure, you should get a consult with a probate attorney in your area who can... View More

The 2 brothers who do agree should sign renunciations of their right to seek appointment of personal representative, and in the renunciations they have the right to nominate you instead. You would file an application or petition to be appointed personal representative, with notice to all interested... View More

You asked this elsewhere, but let me reiterate:

1) if your current bank won't work with you, go to a different one!

2) GENERALLY speaking, there are exceptions to conservatorship for assets worth less than US$5000 which this is.

3) Similarly a trust or some other... View More

A court appointed conservatorship is a lot of effort for CAD$5,000. I would work with the bank to see if there is another option and point out that you are the child's parent. An easier option might be something like a UTMA.

No. A creditor of the LLC or of your father has no standing to go after proceeds of a life insurance policy. The creditor's remedy, if the creditor has one, is to file a claim against the LLC. If your father personally guaranteed the debt or was found personally liable to the creditor in an... View More

An estate is required to file a retuen any year it has $600 or more in income.

The property sale is reportable. It'll depend on the gain on sale whether it's taxable. It sounds like the estate sold the property 6 years after date of death so you'll likely have some gain on... View More

You do not need letters of authority. That is for a probate estate. If the bank account was already owned by the trust, then what you likely need is a signed acceptance of successor trustee, showing that you have taken over as trustee and accept your obligations as trustee of the trust. The exact... View More

You may have tenant rights as a renter, meaning though that you could be asked to move out with 30 days' notice. Unless all heirs are in agreement that you should get the house, you don't have much legal standing for that. The verbal agreement to gift you the house may not mean much... View More

Yes, you need to file a proof of service that everyone was served with your filing requesting the court appoint you as personal representative. If no one objects to you intent to be appointed the court should then issue your letters of authority.

Don L. Rosenberg

Attorney and... View More

The old estate is not destroyed. It has been closed. If there is an after-discovered asset then yes, you may need to reopen the estate. For example, if the insurance company will only make out a check payable to the deceased person "John Doe", or "Estate of John Doe", then will... View More

There are two kinds of contempt, civil and criminal contempt. Civil contempt is imprisonment that lasts until someone does something, or stops doing something, that they have the power to do and have been instructed to do by the court. There really isn't a time limit on that - it's as... View More