What paperwork do you need? You'll likely need to open a probate estate, which would give you legal authority to gather paperwork and other things.

It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.

Have you checked the state treasury office for unclaimed property? Without a death certificate, you will need to prove she died, which is not easy. Have you thought about hiring a private investigator?

You will likely need to file a petition and order in the court that granted you guardianship.

You will need to file an Application for Probate along with the Will nominating you as Personal Representative. The Will must first be admitted and you must be appointed and receive Letters of Authority before you are authorized to transact any business on behalf of your mother's estate.

Membership interest in an LLC is considered a person's personal property, which upon someone's death, would go according to the terms of any will or intestacy. Unless the will says otherwise, the wife would likely receive.

If the ward has passed away, the guardianship is set to end. Who was to do the investigation? If nothing was found, or even if it was, there may not be an obligation to have informed you of the results.

With the ward now deceased, an estate may need to be opened. The term "interested... View More

Independently, each thing you mentioned probably doesn't amount to much; collectively, perhaps there's more. But if you are questioning the guardian's capacity to act for the ward's best interest, there's a high standard to meet with more specific factors.

‘Convey’ and ‘sell’ are synonymous.

You ARE selling if the estate is conveying the property but the implications go WAY beyond that.

Trying to do this without legal representation is asking for problems down the road. Gave you considered tax issues? What about capital... View More

It depends on the restrictions included on the Personal Representative's Letter of Authority. If it contains a restriction against conveying, selling, transferring property which is standard in Wayne County Probate Court, then prior court approval is required before the PR can execute a... View More

There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.

We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.

You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and... View More

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... View More

Not necessarily. Are the loans liens on the home? Did you also sign for those loans?

Is this a guardianship or conservatorship? A probate estate would not be opened until someone dies. In all cases, there is no "paperwork" you can file to become an interested person. You either are an interested person or not, and that is determined by statute and court rule. Generally,... View More

You're in a tough spot. If his family is unwilling to tell you where he is, you could try going to the probate court to look at the record. But even with that, his family could legally tell the facility not to let you see him. Whether they would do that or not, we can't tell.... View More

The short answer to your direct question is 'yes'. Property with named beneficiaries does not pass through probate and is instead transferred directly to the beneficiary with the provisions in place by the asset holder (usually a request and a certified copy of the death certificate) to... View More

Best thing to do would be to go to the probate court. There should be an accounting filed, which would list everything.

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answered on Dec 15, 2021

Whatever he does, he shouldn’t transfer the money to your sister. That would be considered in uncompensated transfer and would generate a penalty period And he will not have the funds to pay through that period of ineligibility. The easiest solution is to spend the money quickly on services such... View More

Beneficiary of what? If you are named as beneficiary you should be able directly with the financial institutions or probate court.

HOWEVER — without seeing the paperwork it is impossible to provide any really cogent advice and that really would be beyond the scope of a forum like this.... View More