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 »
For a "loan" or "gift" to count against your inheritance, there would need to be a writing from your mother stating it as such.
*This response is the opinion of the author and is intended for educational purposes only. It does not constitute legal advice, nor does it... Read more »
There is no way for anyone in this forum to know.
Its just her car. Someone please help!
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.
Her investments and money was split 50% to my aunt and other 50 split between my brothers and me . I borrowed money w a promissory agreement . They say I stole money etc. I’m a trustee they are not. But my personal situation hasn’t been the greatest . Don’t wanna lose my house . They were... Read more »
You didn't ask a question but if you want to know what you should do, I suggest you hire an attorney to represent you. This sounds like serious allegations against you.
You stated that the family is "trying" to take you to court. I'm not sure what that means. If they... Read more »
My wife's name is not on the deed and I need to know if she retains ownership automatically by right of survivorship or does it have to be probated since her name wasn't on the deed prior to being married ?
Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.
Does she get every thing or does my brother and I get it.We are the only siblings left
Without a will, (an assuming she was not married), your sister's children get everything.
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.
house and car. My sister wont tell me about the will and her son is telling me I'm rude for asking, I suffer from PTSD and don't want a fight. Do I need to pursue this? Or just let them have everything? (Mom has a beautiful home full of gorgeous antiques. There are things Mom was gonna... Read more »
Unless your mother had a will stating that your sister gets everything, then you and your sister have equal rights to her property. Talk to an estate planning attorney ASAP.
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.
for at least 12 years of our marriage. His children saw him very few times in all those years and never participated in his care. They took him from a re-hab he was in Nov. 25, 2018, and I never heard from them or him again. I had help trying to find him. AND on Feb. 8th the sheriff told me he... Read more »
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.
My grandmother passed away and of her 2 children (my dad and my aunt) my aunt took everything. Now my father is also deceased and i am the next of kin. Do I have a place to try and get the other half of what was left from my grandmother when she passed?
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... Read more »
Sorry to hear you are having to deal with this. What your aunt did was illegal, assuming she is not legally entitled to the items. If she will not cooperate with you and return the items so that they can be distributed pursuant to the will, I recommend that you contact an attorney for legal... Read more »
i feel if i live with my boyfriend i have more opportunities to get a job and live on my own there fore i am an adult in mo i should have the right to move.
As a legal adult who has not been declared legally incapacitated you can live where-ever you want.
Assuming you can financially manage that living situation. AND assuming it is OK with your probation order.
Without seeing the probation orders it is impossible to say for sure, as... Read more »
What happens if none of the siblings go to probate court hearing
Just 'not showing up' for a court hearing is a recipe to allow the court to find against you for no reason since there is no defense raised! Don't do that. Seek local legal representation to determine what you SHOULD do instead.
Don't 'just ignore it' -- it... Read more »
She had no assets except for the clothes on her back. Her only debt are the hospital bills that insurance did not pay. Does an affidavit for collection of small estate still need to be filed? If so, who is required to file and what are the consequences of not filing? I am her father and have no... Read more »
A small estate affidavit's purpose is to make it easier to obtain property of a decedent that died without much. If there are no assets you want or need to collect, there is little reason to use a small estate affidavit. Her debts are not your obligation unless you separately guaranteed or... Read more »
In order for me to cash out the CD's I need a letter of Administration before I can do this. I was told by Fort Bend County Clerk that I need a lawyer to process the papers for me. Can you tell me how this works. I do not need representation right I just need the papers to file with the... Read more »
No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this... Read more »
my mother passed in 2006 and my dad remarried in 2012. He just passed May 2017, unfortunately his Will is from 1983 and every account and life insurance has my deceased mother as the beneficiary. Does this mean she is going to get everything.
You need to consult with a probate attorney in the state and county where your father lived at the time of his passing. Most every state has its own rules about spouse's shares of estates and what happens if someone doesn't update a will after a remarriage. The nature of how property was... Read more »
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