I got a letter asking me to sign and have notarized a “Receipt, Release and Waiver” saying I received distribution from my mom’s estate. If I’m reading the legalese correctly, it also releases the executor from any liability. The letter instructs me to send this to the lawyer’s office to... Read more »
answered on Sep 26, 2022
It is standard. When you return it, say it is in escrow pending transmittal of the funds.
I am the administrator of my father's estate. My stepmother who predeceased him took out a mortgage in her name only. I cannot get any information on the loan until i get my name added to the deed. What is the quickest way for me to get this done. This information is needed urgently.
answered on Sep 21, 2022
You may be better off reposting under the "Real Estate" category. I'm sorry your question remains open for two weeks, given the urgency of the matter. It was probably overlooked under the "Government Contracts" heading. Some questions do go unanswered on this forum, but you... Read more »
I was just told by my deceased mothers financial advisor that distribution from her accounts have to be made to all beneficiaries at the same time. We are talking about an IRA and a Brokerage account both of which have designated beneficiaries named.
answered on Sep 1, 2022
This may be true. Generally speaking, brokerage firms and custodians of retirement accounts have contractual terms in the account agreement regarding the timing of distributions to named beneficiaries after the death of an account holder. Additionally, depending on state and federal law, and the... Read more »
My mom just passed 4 weeks ago. My father didn't sign the will even though he clearly wrote it. Is it a binding document and since my mom is gone also are my father's wishes valid. My mom left no final wishes in writing
answered on Aug 27, 2022
First, this is not a Family Law question. It is a wills and estates question. Having said that, a will is not notarized. It is witnessed by at least 2 witnesses and the witnesses' affidavit is notarized. Also wills are not supposed to be handwritten except in rare circumstances. So the... Read more »
He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?
He emptied her bank account. Paid taxes late making fines, harassed beneficiaries, no record of accounting may 2021 house sold 1/3 value he never has assessor come in., what can husband and daughter do now ?
answered on Aug 19, 2022
Based upon your description you may have claims against the brother for breach of his fiduciary duties as executor. To assess how best to move forward, you should give serious consideration to meeting with a local attorney to review your situation in detail and decide how to proceed.
Grandfather passed away a few months ago and gave a life estate to my aunt who lives in the home. She is also the executor of his will. I am a remainderman. Now that probate is complete, should I have received anything that says I own an interest in the home? Or it is simply passed on to me upon my... Read more »
answered on Aug 17, 2022
There should be a recorded deed with you as remainderman, and aunt with life estate. Ask the lawyer for a copy, or you need to go to the County Clerk (if Suffolk Co., which is where you posted from).
This house passed to us immediately upon the death of the Life Tenant - outside if probate. An Executor or Adminstrator has not yet been appointed by the Surrogates Court. The personal property contained within the house must eventually be distributed to the beneficiaries in the former owners will.... Read more »
answered on Aug 9, 2022
I wouldn't. The house should be secured by the fiduciary and then the personal property can be inventoried.
Jack
I am also awaiting the Surrogates Court appointment as the Voluntary Administrator of her Small Estate (I am the named Executor in her will). Its been two months - courts seem backlogged - and can provide no estimates to this appointment - so I can't distribute property to beneficiaries yet. I... Read more »
answered on Aug 9, 2022
If she has joint title with you, she gets equal access. Thus, you cannot prevent her entry. If there are personal items to secure, remove them to another location. Unless the items are titled in some way, no one can ever determine who owns what.
My son in law to inherit this property
answered on Jul 30, 2022
It looks like your question went unnoticed for almost a week under this general heading. You could repost and add "Probate" and "Estate Planning" as categories. There's no guarantee that every question is ultimately picked up here, but you might have better chances of a... Read more »
My brother died in 2020 and left his estate to unrelated individual. I would like to present certain individuals with a list of questions that they would be required to answer.
answered on Jul 25, 2022
If you have not contested the Will and the Will has been admitted to probate, you are probably unable to require them to answer questions.
If you are contesting the Will then you are able to ask certain questions and get some discovery, relating to the Will contest. If the contest is... Read more »
The house is in her name, her live-in boyfriend has a few bills in his name but not on the house.
She did NOT have a will.
The house is in semi-okay condition. It needs a lot of work. I would like to know how/when I should get the process started for putting her house on the market... Read more »
answered on Jul 2, 2022
A proceeding must be filed in Surrogate's Court to have an Administrator appointed as fiduciary of the estate. The Administrator can have the house sold and divide the proceeds.
Regarding the sale of the house, Have a free telephone consultation with counsel.
Jack
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.
Jack
The father drafted the will.
answered on Jun 17, 2022
If they are beneficiaries, then that can create a problem for each, the father more so then for the son.
If there are at least two disinterested witnesses to the Will then both father and son would receive the benefits under the Will.
Otherwise, while the Will might be valid, any... Read more »
SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights
answered on Jun 8, 2022
To best answer your question one would have to read your father's Will. For example, if your father's Will created a trust for your father's wife funded by all his assets with her getting the income for life and on her death, the assets pass to you and your siblings, then it is... Read more »
Since we live in the Caribbean no one is telling us anything. My mother would like to know what was left for her so we just want some help what we can do before his wife do as she please.
answered on May 23, 2022
Because your grandfather left a Will, it has to be probated by the court if he had assets that require probate. You as the grandson have no direct stake in the estate.
As you describe it, your mother would have to be named in the section of the probate petition naming all people with an... Read more »
THE DEED IS IN BOTH MY MOMS AND DADS. THE KIDS ARE NOT ON THE DEED. HOW DO WE PROCEED WITH THE CHANGE OF DEED WITH THE CHILDREN NAME ON IT IN CASE OF MOTHER PASSES AWAY. HOW DO WE INSURED THAT THE PROPERTY IS RIGHTFULLY OURS
answered on May 19, 2022
If the property was acquired by your parents during their marriage, it was probably owned as a “tenancy by the entirety”. That means when your father died, your mother was automatically 100% owner. There are several options to make sure it goes to the kids upon her death. She can sign a new... Read more »
claim to her share of the property?
answered on May 9, 2022
It depends on a number of things:
1. What title on the property is - if you are on title then you have a claim to at least part of the property
2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will... Read more »
Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty... Read more »
answered on May 4, 2022
If you are a joint owner it is your account as much as it was hers. No need to probate her will.
The property is owned by a three member LLC with 5%, 15%, and 85% distribution. Upon death of the member with 5%, what happens to the property? Does his wife have a say in what happens with the property? Does she get any benefits from the property? Can she make decisions on the property? If the... Read more »
answered on Apr 6, 2022
Depends on the operating agreement. If truly silent, the shares pass to the estate.
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.
