Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?
It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest...View More
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete...View More
A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the...View More
The cash in joint checking (only assets left) went to husband at death but wife had surgery the day she passed so there will be some medical bills. Can I pay wife’s medical out of husband’s estate? - if not, how are they handled. There is enough cash... View More
Unfortunately, you have to probate both wills, first, all of the wife's property passed to the husband, and then all of the husband's property passed according to his will. Joint checking accounts are an asset that can be brought back into the estate even though they pass outside of the...View More
You probably have a good argument that the quitclaim deed was signed either under fraudulent circumstances or duress. Either way, you need to contact a local attorney as this is going to take a lawsuit to get fixed. Your lawyer will need to sit down and discuss all of the details to determine what...View More
The Will is normally not controlling on burial matters as the body is not normally considered part of the estate. It is possible to get a permit to exhume a body but it is not a simple process. You should contact a lawyer near where your mother is buried to get a more specific opinion as to what...View More
Being on the deed and being a borrower on the mortgage are two different things. Being on the mortgage is irrelevant but if your mom is on the deed to your house and she leaves her portion of the house to your sister in a will or dies without a will - then yes, it is possible you will sharing the...View More
I think many (if not all) of my fellow NC attorneys would be hesitant to answer this question as it seems to involve New York law. You should probably re-submit your question in the NY area of this site.
No, you can not avoid prison because of your age. You typically avoid prison by either not being convicted of something that requires prison time or convincing a Judge to be lenient when prision time is optional. As to how far they can go back, it depends on what you mean. If you mean can they...View More
My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... View More
Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want....View More
Parent is on disability and Medicade/Medicare. Currently in recovery center in Calabash, NC. Dr. in SC stated he has dementia. Facility is planning on sending him home despite diagnosis. They suggested private home health care. I have not spoke to my father sine 2016 for about 30 minutes. Before... View More
Yes, it would likely apply but only to the extent that yourself and your immediate family are provided for. In other words you are likely only gonna be responsible for 'pops' to the tune of what ever is leftover each month after you have handled your personal and family obligations. If...View More
She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... View More
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could... View More
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives...View More
A person’s primary residence isn’t considered a countable asset for Medicaid purposes if they intend to return to the home (this is a very low standard to meet) so owning it wouldn’t impact his eligibility to qualify. Any cash that he received from the sale of the home would count against his...View More
Probably not an actual crime. However, protections need to be put in place. Is there a durable power of attorney? An agent under a durable power of attorney would be able to offer some protection in this type of situation. This needs to be done before the dementia progresses.
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