Jennifer Sheila Kornblum's answer You will need to go through probate as guardian of your son. The father's estate should not be used to pay his mother's personal debts. You should hire an attorney who will agree to be paid out of the estate.
Lydia Seifner's answer No, student loan debt does not transfer; the debt would be discharged. The government might claim a portion of your estate to settle the debt, but none of your family members would become responsible for the remainder.
Lydia Seifner's answer You can ask the court for an accounting of the funds the elder brother withdrew and if the funds were taken for purposes other than for caring for your parents, then he would have to pay that back to the estate. Additionally, you can ask for the profits from the timber he removed from your property, but whether you ask for it as a part of the estate or in a separate tort action, will depend on if the property has gone through probate yet.
Lydia Seifner's answer You can contest it, you'll want to talk to an estate planning attorney. Since your sister took advantage of your father's altered state of mind, you can plead coercion and get the second will thrown out.
David L. Crockett's answer Since the property is in Missouri, a Missouri attorney will need to be retained to be able to make the transfers and assist with the sale. I am only licensed to practice law in CA so I cannot advise you on specifics of Missouri law. Most likely the Missouri attorney will need to file a probate court lawsuit (petition) to get an executor or administrator appointed to deal with the estates. There may need to be separate probate proceedings for each sister. That will depend upon how the deeds...
Lydia Seifner's answer If your dad co-owned the property or is the executor of her estate; then yes, he can. However, if you were paying rent, or had a rental agreement, then he needs to give you 30 days notice.
Lydia Seifner's answer If the property is purchased while Party A is still alive, then the TOD loses effect with the transfer of ownership. Upon Party A's death, the child who bought the property becomes the sole owner and has the sole responsibility of the mortgage.
Lydia Seifner's answer If your mother had a will, she can give her property and assets to anyone she chooses. If your mother died without a will, you and your brother are entitled to equal shares of her estate. Talk to an estate planning attorney local to you about contesting the will.
Peter H. Westby's answer You have raised many issues that need investigation. I strongly recommend that you consult with a probate attorney. Once your attorney knows all of the facts, he can advise you as to what must be done to enforce your legal rights as a surviving spouse.
Lydia Seifner's answer As the beneficiary of your brother's estate, his widow has the ability to contest the will on behalf of her late husband. Just because she has the ability to contest doesn't mean she will. Talk to an estate planning attorney local to you.
Lydia Seifner's answer Did your father die before or after your grandmother? If your father died before your grandmother, then you (and any siblings you might have) are entitled to his portion of your grandmother's estate. If he died after your grandmother, then it was his place to seek his portion of his inheritance, and depending on how long ago all of this was, may have forfeited the right to seek the inheritance portion from your aunt. Talk to an estate planning attorney close to you to make sure you are within...
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