Get free answers to your Probate legal questions from lawyers in your area.
I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.
Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2024
In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.
I live in New Hampshire and was just told by my probate lawyer that since my name is not on the home with the mortgage that I either need to pay the loan in full or get some type of financing as the Due on Sale clause will take effect. I was told by the bank that has the mortgage that I could just... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2021
Some facts are missing. There are federal laws that prohibit acceleration of home loans under certain circumstances when a borrower dies. There are not enough facts here to definitively determine whether your facts fit within those exceptions to the due on sale clause. But if the bank has no... View More
I inherited a home with a mortgage from my mom. My name is not on the house can I continue the mortgage payments as is as I am now the successor of interest or do I have to pay the whole mortgage up front before closing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021
You may keep making the mortgage payments, yes. Federal law prohibits acceleration of the loan on the grounds of the death of the decedent and transfer to a child.
You do need to notify the lender of the death of their borrower and your status as "successor in interest" so they... View More
Good afternoon, i was put on good behaviour for a violation on January 7th, 2019 and it ended on January 7th, 2020. I got arrested OUT OF STATE for an unfortunate violent crime on August 2019. It says i can annulle the violation after the period. Is that possible it will get annulled or will I need... View More
answered on Feb 8, 2021
I think I understand your question to mean you were convicted in New Hampshire for a violation on 1/7/19 with a one year good behavior period. You want to get that conviction annulled but in August of 2019 you were arrested for a different charge in New York. I assume that charge is still pending?... View More
When I was 15 i vandalized someones car.i was supposed to pay off 1400$ and do prohibition. I finished my probation successfully and moved to virginia when i turned 18 i owe 285$ left on my probation can they transfer it to adult court because they are telling me i have a bench warrent now.
answered on Jun 12, 2020
It depends. If you finished probation successfully and the case was closed it doesn't seem like there is anything that can be done. If it was left as a collections case only, they may be able to issue a warrant. I would suggest contacting the court and find out if there is a warrant and if... View More
I have recently lost my domestic partner of over 23 years. We were never formally married, but in my research into the matter I came across TITLE XLIII
DOMESTIC RELATIONS
CHAPTER 457
MARRIAGES
Proof of Marriage
Section 457:39: 457:39 Cohabitation, etc. –... View More
answered on Jun 3, 2020
Yes, the statute is valid.
This is NH's limited acknowledgement of common law marriages.
You can file in the probate court a petition for an intestate share of your partner's estate.
Moved states and need a new ID but my birth certificate has my first/middle names switched (I never caught this). All legal documents use my middle name (for 85 yrs now). DMV suggests I change entire name to match SS card exactly and then apply for new birth certificate. But will state put my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2020
You have a few options here. The first option is to do nothing. It is quite common for an individual to "go by" his or her middle name or a nickname his or her entire life. Just accept the new id with your name as shown on your birth certificate. Your friends can still address you by... View More
My wife had dementia when she cancelled her disability policy
answered on Dec 27, 2019
A New Hampshire attorney could advise best on this, as insurance coverage is generally governed by state specific-elements. But your question remains open for two weeks. The problem with such a legally broad term is that it could be defined in more than one way, depending on the statute and... View More
answered on Apr 4, 2018
She may have a legal interest in his share of the property. Is there a Will?
My Nephew and I recently inherited the house I get 75% and my nephew 25 we were living in the house when my parents passed away he has not paid anything am I legally allowed to kick him out
answered on Nov 28, 2017
If you BOTH own the house, then no, you probably can't evict him. You MAY be able to partition the house, and sell if he won't buy you out, but the details of what you can and cannot do are far too complex to get into in a forum like this. You need to both
1) Complete the probate... View More
answered on Apr 26, 2017
This isn't really a matter of 'opinion' ... if there are assets that are in your father's name alone at the time he died, then probate is necessary. If a LAWSUIT in which the estate had an interest is ripe (wrongful death, etc.) then probate is necessary.
If there are... View More
paperwork in the county where he lived. Is there any reason I should also hire an attorney?
answered on Jan 20, 2017
There are MANY requirements when filing probate from handling final tax returns, to filing a 1041 (if necessary) and insuring all the appropriate publication notices and creditor notices are filed etc.
EACH STATE has different requirements, and unless you are familiar with them you'll... View More
We have been married 28 years and between us have 8 children all grown and 13 grandchildren. all we have is the equity in our home and no will. Will all 8 of the children share the remaining assets : step children and biological. we have no biological children together. I have 5 he has 3.
answered on Jun 8, 2016
Here's some more information about dying "intestate" (without a will).
http://lawyersnh.com/estate-plan-death-without-will/
I highly recommend you talk to an attorney in person. You have a unique situation and there's a chance your estate will not be distributed in a manner you intend.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
