She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021
If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.
If no will or papers.
Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.
States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... Read more »
The simple answer is no. You should consult with an attorney who specializes in asset protection if that is your highest priority.
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »
Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust
A revocable living trust created by you will not protect the assets in it from your spouse in the event of divorce.
They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.
The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... Read more »
Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary
It really depends on how his mother's will was worded. It is not possible to answer that question without reviewing the mother's will.
With respect to the life insurance, yes, most likely those life insurance proceeds will go to the named beneficiary's estate, given that... Read more »
Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.
I had a will drawn up in the State of WA a couple of years ago leaving everything to my one and only daughter. I don't own any property except a car. I moved to Santa Fe this past May.
As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.
My daughter is 90 days behind on paying me $200 a month on my inheratence from my fathers death . Can I force her to pay my estate any monies owed to me
You've asked this questions several times in slightly different ways. You need to see a local attorney! There is no way to suggest the 'best' way to address this in an email forum!
--This answer is offered for information only and does not create an attorney/client... Read more »
This is money from an inheritance from my father to me. At the rate of $200 per month for life. My daughter is currently 3 months behind. I want that money to go to my residual estate if still behind at my death
You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees... Read more »
Can mortgagee inspect property? Advanced notice or can they be legally denied?
Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to... Read more »
His only asset is his home that is in disrepair and hoarding situation. The family has already invested $40k in repair and still not done. Can the family receive its compensation prior to credit collectors?
There may be a family allowance available for Dad's immediate family under the right circumstances. Typically that takes priority over general creditors. You need to contact a probate attorney in your Dad's area about your specific situation. Many offer free initial consultations. Good luck.
I am 53 an only child and I believe she manipulated my father into changing his entire estate into her name. He had a revocable living trust. Can I reverse this, they did not advise the attorney at the time that he had dementia. The attorney said he appeared to be in his right mind. Which his mind... Read more »
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
The statutes require that it be filed prior to the transferor's death.
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