If he owned the property he must have a deed. I assume you mean he does not have a will. Was he married at the time of his death? An estate action must be filed for intestate succession to determine the inheritence rights. Depending upon where he died, someone need to file the papers there and in...Read more »
My father was declared brain dead on Jan 9th, and passed away on Jan 24th. His girlfriend has made 2 withdrawals using ATM, one of which weeks after death. The DA said that it's not illegal if he gave her permission; but, how can he give permission if dead? They are not married. He died intestate,... Read more »
If you are working together, I would do the Executor's deed but just to your sister. Memorialize your deal. It is important to do it right. Real estate title is really critical to get right. When you sell or refinance, there may be no way to cheaply correct errors.
As I am executor of my brother's estate, my mother asked to have the estate's only property partitioned. My mother and sister-in-law are both beneficiaries and they aren't getting along. The property is pre-marital property that was in my brother's name only and he willed the house to both his... Read more »
In this situation, as you describe it, your responsibility as an Executor is to transfer the property to your mother and sister-in-law and that is it. Let either one of them sue the other for partition since they are having the dispute.
In case where someone died intestate with no spouse, no descendants at all, and no surviving siblings, parents, or grandparents, my understanding is that the next distributees to be considered are "issue of grandparents".
If one child of the grandparents is still living, and another child... Read more »
“6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them...Read more »
From what you describe it does not appear that an estate proceeding was started or you would have been given notice. You can go to the Surrogates Court in the county where she lived to check. You may be able to force the house to be sold as a beneficiary. Let me know if you need further help.
Your mom can sue him for breach of fiduciary duty, self dealing and fraud and void the transactions. However, I would need to know more to properly advise you. In any case, you and your mom should speak with an attorney.
Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »
Mother had $78K credit card debt with $48K to one bank. Daughter has lived in home and was supported by mother for 15+ years. Daughter has no job and no assets. Can the bank force her to sell the home and become homeless? Daughter is not underage or disabled.
My Aunt Margie died in 2015. She had three siblings; Tommy, Richie and John. Tommy was my dad and he passed in 2009. My Uncle Richie passed away in 2007 and also has two children. My Uncle John is still alive and my family and I don't speak to him. I was told by a friend that I should be entitled... Read more »
It depends if there was a will or not. And, if the money passed by a beneficiary designation or is in the estate. If an estate proceeding is opened, you should get notice. Or, you can call the clerk and see if one was filed.
My estranged uncle is petitioning to become the administrators of, first, his mother's estate (my step-grandmother), and then, second, his father's estate (my biological grandfather), essentially double dipping. My uncle had two sisters (my mother and aunt, both deceased). My mother had two... Read more »
My grandfather died in 1994. He had three children (two daughters with his first wife, my grandmother, and one son with his second wife, my step-grandmother). Both wives have died. Both daughters have died. My mother had two children (both alive). My aunt had three children (two alive). My... Read more »
It does appear that you might be an intestate heir because your mother (grandfather's daughter) has died. Therefore, you have an interest in the estate. Therefore, you have standing to petition to be appointed personal representative of your grandfather's estate. Do not delay. If your uncle has...Read more »
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