You need to schedule a personal consultation with a probate attorney right away just in case it’s not too late to intervene in the case. If you have sat back and let it happen it might be too late but you won’t know for certain until you have explored all angles with a probate litigation attorney.
Sister are the survivors. His dad and sister want nothing to do with the house so every one wants to put it in my husband's name. However, she left no will no beneficiary, nothing. What do we do from here?
Hire a competent attorney to search the title. You will probably need an Affidavit of Heirship, and a Quit Claim Deed for the other Heirs to convey their interests over to your Husband. He will need to immediately start paying taxes, and any mortgages.
He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... Read more »
Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests....Read more »
No will. Only grandfathers name and name of ex wife on deed. No other assets. I’ve been here for one year caring for him 24/7 off of a $200 per month allowance from aunt whom at the time had a joint bank account with my grandfather. My question is:
Without a will, you will have no legal right to the home when your grandfather passes. If he is competent and wants you to have it after he dies, he can sign a Beneficiary Deed that will leave it to you. Unfortunately, your care for him and improvements to the house will not earn you the right to...Read more »
If you owe rent you should pay it. Just make sure you have proof of payment, like a receipt or canceled check. If you know which attorney is handling the probate you should contact him or her to find out who to pay.
My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »
Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.
This is so sad because, had your mother or, even...Read more »
Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »
I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential...Read more »
Bil left me 2/3 of the estate, and I know the home I have shared with him for 7 years will have to be sold. His brother is in charge and has given me a week to get out of the home. I have established residency here and this is the only home I have. There is a Will, and I was Bill's sole... Read more »
First of all, I am sorry for your loss. Your partner’s will is going to control how his estate is distributed, despite all the care you game him. If you are on title to the house, you have more rights than if it was solely in Bill’s name. If you are not on title you have to be given at least 30...Read more »
There is no law that says that you must utilize the services of an attorney to prepare and file an affidavit of heirship. However, if you do not know how to do this yourself, an attorney can be extremely helpful in preparing and filing the documents for you. More importantly, however, an attorney...Read more »
my uncle died in 2017. at the time i was incarcerated in the missouri state prison system. Over the phone i was informed by a family member that my uncle willed me an inheritance. The family member refused to tell me how much money i was entitled to. To avoid being heavily taxed due to the... Read more »
My mother wasn't in her right mind ever since her stroke. My sister moved in with her to help take care of her. While there she manipulated our mother by placing herself as the POA and executor of her will.(never filed in court)She then had our mother put her name on everything including the... Read more »
It sounds like you are saying that the power of attorney that your sister used to transfer everything to herself was obtained through the use of undue influence and, in any event, your mother did not have sufficient mental capacity when she signed it. Those are grounds to have all of those...Read more »
My fiance has 3 sisters. One of them manipulated their mother to have everything put in her name. Now she is playing the executor of a Will that was never filed in court. She has been dividing some of their mother's money 4 ways. The problem is she has moved into their mother's house... Read more »
If your fiance thinks he might have enough evidence to convince a court that the sister in possession of the house obtained titled by fraud, misrepresentation, duress or undue influence, he might be able to get the deeds and other transfers to the sister set aside and the property restored to his...Read more »
mom put my sisters name on checking account and title to condo so my sister had total control of all her assets. My mom has given me $12,000 about 4 years ago to buy a car. Never was discussed as a loan. After my moms death my sister decided that was a loan and she deducted that $12k from my share... Read more »
Most states have "small estate" affidavits or affidavits of heirship that permit heirs to transfer car titles, obtain cash from banks or insurance companies, etc., as long as the heir will swear under oath as to certain facts such as: names and addresses of all of the decedent's...Read more »
My sister is my mother's power of attorney we had a two-family house I live downstairs she lived upstairs we both helped take care of my mother she ran my mom's credit card up to $27,000 and wouldn't pay it so they sued my mother I told the family about it and she evicted me and my... Read more »
You could hire a lawyer to contact your sister, threaten to sue if necessary, and seek to get you access. It will cost you money to hire an attorney but if you really have $40k worth of property there, you'll do so.
Seller stated new roof complete new roof 5 years ago Roof has got rotten spots in the plywood bathroom floors got rotten spots in the plywood around the toilet and the tub seller's installed ceramic tiles over to cover it up painted the ceiling is kills Staind blocker and smell blocker I like... Read more »
As the petitioner, you are correct that you will have the burden of proving sellers knew about these conditions. This can be shown in many ways: repairs done, older photographs, statements by neighbors, etc. The burden is by a preponderance of the evidence, so more likely true than not.
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