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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... View More 
answered on Sep 22, 2020
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... View More
There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests
answered on Sep 22, 2020
It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... View More
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.
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answered on Apr 20, 2020
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... View More
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answered on Dec 22, 2019
You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.
Is this a civil matter?
answered on Dec 20, 2019
The will needs to be probated in court and this matter needs to be handled with a probate attorney as soon as possible.
Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice
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answered on Sep 16, 2019
It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.
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answered on Sep 14, 2019
It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.
He was never married; no common law in New Mexico--had Girlfriend of 15+ years; he never paid a dime of child support. I am 44 yrs old in Rhode Island born out of wedlock; father abandoned my mom when she was 3 months preg. in Rhode Island (never showed up the wedding rehearsal the night before the... View More
answered on Jun 15, 2018
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological... View More
Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... View More
answered on Oct 24, 2017
It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave,... View More
All my siblings were given shares of my moms estate, but I wasn't. I am very heartbroken right now.
answered on Mar 29, 2017
I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'.... View More
There are 3 children all together. Both Older sisters live out of state and want to sell the house. I live in state I moved to care for my father and do not want to sell the house.
answered on Mar 27, 2017
Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out'... View More
I understand a notary is not needed to provide me with medical poa just her signature. What do i do if she passes before poa is established?
I am the youngest son of two.
answered on Feb 25, 2017
If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is... View 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?
answered on Feb 14, 2017
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.
Is this legal to do please help
answered on Jan 25, 2017
Probably, yes. There are legal requirements for the State to meet in order to conduct such a sale, but death of the owner or the filing of a probate proceeding usually won't stop it. If they failed to accomplish any of the prerequisites properly, you may be able to bring suit and have the... View More
answered on Jan 12, 2017
Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed... View More
My mom was going to file but had anuurism and than died , her n her ex husband had purchased a vehicle together and when she left him she had the vehicle in her possession , her last words to me and 10 other people was to not give her husband the truck and that it was to go to me of anything... View More
answered on Oct 8, 2015
It would depend, in part, on whether they were divorced, and if so what the divorce decree said about the truck. If it was awarded to her in the divorce, it belongs to her estate and (assuming she didn't leave a will) it would probably go to her children. See an attorney.
answered on Oct 17, 2013
The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.
Misspelled and incorrect names, incorrect addresses - and form. I'm certainly no expert but it appears bits and pieces were taken from the original will then used to create a "new" one. Very unprofessional looking. My deceased loved one was a business professional. End of life... View More
answered on Oct 17, 2013
The will should be contested if it has been submitted to probate. You will need evidence to show the court that the will should be voided.
answered on Oct 17, 2013
If your mother had a will the proceeds from the sale must be distributed according to the will. If there is no will and no surviving spouse then to her children equally, if the child is deceased then that share goes to that child's children equally.
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