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 home... 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 removed and to to all...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 i... 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.
How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we are... Read more »
I'm assuming that your question goes more towards a custody modification. First and foremost, a copy of the custody order would be needed to see how custody is explained. The second thing would be for an attorney to talk with you about the standard necessary to modify custody (in which case,...Read more »
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