Get free answers to your Probate legal questions from lawyers in your area.
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... View More
answered on Feb 14, 2018
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?
answered on Feb 1, 2018
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... View More
answered on Jan 27, 2018
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... View 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.
answered on Jan 24, 2018
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... View More
What happens if none of the siblings go to probate court hearing
answered on Dec 13, 2017
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... View 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... View More
answered on Jul 29, 2017
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... View 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... View More
answered on Jul 26, 2017
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... View 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.
answered on May 22, 2017
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... View More
on disability, live in CO, I do not understand the laws and process,I need a lawyer who will work with me on a low income scale or part of settlement,There is a lot of foul play happening with 3 other younger siblings, and I was told we had a trust set up in our names, when I called for... View More
answered on May 16, 2017
You will need to repost this question in the MO section of Justia. This is the Colorado section and a Colorado attorney cannot represent or provide advice in a state that they do not licensed to practice.
A property is inherited equally by 3 adult siblings. One does. Does the portion owned by the deceased pass on to the 2 remain sibling or to the family of the deceased?
answered on Apr 24, 2017
If it isn't owned as joint tenants then it passes pursuant to your sibling's probated will, or if no will, then pursuant to the Missouri laws of intestacy.
answered on Mar 28, 2017
The short answer is 'yes'. There MAY be ways to shorten the process though depending on the value of the property so it is wise to hire a local probate attorney both to insure that this is done correctly, and also to insure there isn't some better option available. I have seen MANY... View More
answered on Mar 21, 2017
It could be either place. If you file the primary probate in Missouri, you'll do an ancillary probate in Pennsylvania, or vice versa. Small estate procedures may also be available in one or both states. Contact experienced probate counsel in both states for a more definite prognosis.... View More
answered on Mar 10, 2017
It depends on how your sister in law structures the bequest. As a beneficiary to a financial account? No it doesn't go through probate. As a 'gift' in a will, then yes it does. There are pros and cons to each method (as well as many OTHER methods to do this) so your sister in law... View More
Was wondering if I can do anything about it, have copy of trust if that would help , really just don't want this extended family member to get away with it, since she wasn't named in any part of it, and I thought no matter what the outcome isn't it illegal to not notify a beneficiary ?
answered on Feb 16, 2017
Too many questions unanswered here. Was the trust an inter-vivos trust or a testamentary trust? Was it formed during the Trustor's life? Or was it formed after his death under the terms of his will? When did the Trustee begin serving? The extended family member -- was he/she a Trustee of... View More
My boyfriends mother just passed, and she had a jeep in just her name that wasn't TOD'd or willed to anyone. No debts are owed on this vehicle besides a title loan, which will be paid as soon as possible. Do they absolutely have to use probate for this jeep, or can her husband come to... View More
answered on Sep 15, 2015
Many states have "small estate" procedures by which probate can be abbreviated or avoided altogether by the execution and possibly filing of an affidavit. Check the probate rules and statutes for your state. The clerk of court or the DMV may also be able to advise you if you call them.
Also she died in April and the will has not been filed so we are over the 30 days as we were not aware of that time frame. Can we still have it filed and who can file it?
answered on Jul 27, 2014
If the house was properly titled to mom and son as joint tenants, the house won't need to be probated. Check with a Missouri probate or real estate attorney to see if it was properly titled as joint tenants and have the lawyer draft an affidavit of death of joint tenant or other document to... View More
answered on Aug 17, 2011
You will need an attorney to proceed with the determination. The petitioner must appear and affirm the statements made in the original petition and whatever other facts the Court deems necessary.
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