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... View More

A lawyer would need to see the actual recorded deed because the way you phrase the question leads to two possible answers:

-if mom and dad quit claimed the house to the children, then NO, mom can't change the deed because the house isn't hers anymore (dad passing, then, has... View 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,... View 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... View More

Possession/safekeeping is maybe fine. But there is no simple answer with the information provided, you might need to ask again, or contact an attorney directly.

Generally, when there are two trustee's there is a 'decision tree' and process to follow, second your mother's... View More

Each state is different, but your best bet would be to contact the probate court in the county he lived in to see if they have a will on file.

Just be advised that most states' laws would allow for the majority of a person's estate to go to the spouse regardless of what a will... View More

You should contact the probate court to determine which publication is used in your area. You should then send that form to that publication (some probate courts will do it for you).

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... View More

It can't. Whether it's now or 20 years down the road when one or all of you want to sell the house, a probate estate will need to be opened to transfer the house.

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... View 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).

50 percent, with the other 50% being split among the deceased child's children equally. This is called a per stirpes distribution.

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... View 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... View More

You'll want to contact an estate planning attorney directly, preferably in the county your father passed away in.

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answered on Apr 3, 2021

This question cannot be answered without a thorough review of all of the relevant facts and the probate case file. This is a question that you should ask the attorney representing you in the probate case.

If the value of ALL vehicles is less than $60,000 and there is no probate, then the title(s) can be transferred at the secretary of state with the appropriate affidavit and death certificate.

The 'wrinkle' is that a creditor may petition to open probate to settle any deficiency,... View More

Presumably, all interested persons - including heirs - were notified and had an opportunity to be heard before entry of the order. The heir would now need to rely of the court rules to determine whether an opportunity to appeal exists. If not, the court's order stands.

You're on the right path although there is likely an easier method to use, depending on the facts of your case. If everything has been done, "closing" happens with the filing of the right paperwork and / or a hearing. What you have filed would require a hearing, but in many cases,... View More

I would check to see if the sale has been completed. Any number of things can fall through or otherwise delay closing. You should receive your portion after the final inventory and accounting has been concluded.