If one of the children passes away before the property is split and they have a lien for medical bills, do they siblings inherit that debt or the children? and Do the children inherit that siblings portion of the property?
The possible medical care Lien is against the property, not the Heir's At Law. It is not their personal obligation, but could be executed against the land or the Estate of the Decedent who incurred the medical bills. And the children will take by representation of the deceased sibling. You...Read more »
The property is heir property and the owner would sell it, but believes all heirs would need to be involved(3 total). The owner has been the only heir involved at all with this property and has paid the taxes on it for at least 11 years. This piece of property joins to mine and I’ve maintained... Read more »
Hire a competent attorney to first conduct a title search. Then he needs to determine heirship and record it with an Affidavit of Heirship. Finally get a Deed executed by all Heirs At Law over to you. They may demand some monetary consideration.
Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... Read more »
Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.
I have a family member who recently died and left a small $10k life insurance policy to a non-family member, who is not biologically related to the deceased. My family has received the death certificate, and the estate is currently in probate. My other family members are refusing to give the... Read more »
In my opinion, if she is indeed listed as the beneficiary of the life insurance policy, she has a tangible interest, and should apply for her own certified death certificate, as the insurance company will issue the benefit directly to her, and life insurance proceeds with a named beneficiary pass...Read more »
his estate. I have never seen his will or anything. She claims he has a lot of debt. She is wanting my social security # because she cashed his check for December the month he died. She states she needs that so they can take the funds out of the estate. Thank You Annette
The only way that she can legitimately be put in charge of the estate is if she already filed the paperwork with a chancery court and the court appointed her as the executrix over your father's estate.
My mother did sign it and It was notarized, but never filed anywhere. At that time I think my mother had mild dementia. Now she has severe Alzheimer's. Does my sister need an affidavit from my mother's physicians as to incompetence? Is this a legal document, seeing that she did it at... Read more »
It doesn’t need to be filed anywhere in order to be legal, but no attorney in this forum can give you an opinion regarding the legality of it without reviewing the document and engaging in a consultation regarding the circumstances of its execution. Also, whether a doctor’s opinion is needed...Read more »
Your claim is premised on the contention that the children should have inherited from their mother. That may be true, but it is not necessarily true. There are not enough facts stated in your question to determine that. Your mother might not have inherited from your grandfather at all if she did...Read more »
There is no standard, fixed price for probate and there is no standard, fixed price for creating a will. Every case is different. Some are relatively simple. Some are relatively complex. Your best bet is to make an appointment for a personal consultation with a local estate planning attorney...Read more »
There is no requirement to "file" a power of attorney with the "court". A competent adult can always change their power of attorney by creating a new power of attorney that revokes all prior powers of attorney. Notice of revocation should be given to the agents who are being...Read more »
I have an uncle that wants to leave some property to my under age son, upon my uncle’s death. He has children of his own and I don’t want it to be an issue for my son when the day comes. This is some nice real estate and a decent amount.
He can always amend his deed to make it where he and your son share an interest in the property with rights of survivorship, or he can draft a will indicating that that particular property goes to your son upon his passing.
she had a husband and us three kids she left behind . Her husband which is my step father passed away a couple months ago. I'm trying to figure out whose names it should all be in, what are the best legal steps to take . Also my step father has two other children , that are not my moms. Would... Read more »
You will need to have the executor of the estate contact the bank and show them his/her credentials in order for the bank to even allow access the account. Typically, the credentials that the bank will look for will include an order opening the estate for the deceased parent, as well as an order...Read more »
Well...yes and no. You'll need to make sure that you follow the statutory guidelines to ensure that is considered a valid will. Unfortunately, signing and having it notarized is not enough to make it valid.
First and foremost, you will need to consult with an attorney to discuss the steps to open up an estate for your parent. Additionally, because we are talking about a family home, part of the analysis will hinge on how the relevant deed is set up.
Possibly, depending on whether there is a will or your great-grandmother died intestate (without a will). You will likely need to consult an attorney to determine whether ---and to what extend--- you may have an ownership interest in the property.
The most common way to clear up title on land is to open an estate on the person who has died if you are their direct descendant with no other descendants. There are other ways, but this would likely be the most direct route.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.