Mother passed away suddenly her husband is keeping her Living Will from the family he doesn’t want to follow her last wishes in the Will I’m supposed to receive her house I don’t know how to get it from him? I know he wants to stay there even with other property he owns. He won’t give me... Read more »
Hire a probate attorney to file petition to probate the will. The court can order your mom’s husband to turn the will over to the court.
My brother has been in court for 2 years to try to get my sister removed as Mom's guardian. He has kept me out of the process to care for my parents and my sister is against all of us. I want to enter the case to give the judge a proposal to just remove all siblings from the parents care. My... Read more »
You can file a motion to have the guardian removed and seek the appointment of a neutral guardian, or you have the right to appear at any hearing and present your testimony in support of your brothers motion.
My homeowners insurance refused to pay off my house after my husband passed away because they said it was in a grace period. It didn't get paid for that month but when he passed it was still in a grace period. Called around 7 or 8 times and they kept refusing to honor it.
This doesn't sound like a homeowners insurance but maybe life insurance. Ultimately it's a contract issue. If the default was not cured there may not be relief. However if he passed during the grace period, generally the policy should be honored.
Consult an experienced civil litigation... Read more »
All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.
You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.
HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around
A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.
Any documents that need to be submitted to the clerk have to be originals, meaning the documents have to have the original signatures.
Copies or scans will not satisfy that requirement. If they are out of state then they will also need a resident processing agent.
Its best to get... Read more »
My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »
When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.
The laws in NC state that if someone dies... Read more »
This is north Carolina btw
After payment of any debts, yes.
He has been separated from his wife for over a year. No seperation papers were ever filed. She is in a court mandated drug rehab facility and has been there over a year. He has been living with us because of his financial problems. He had a car which was co-signed by his mother. Other than the... Read more »
Only his estate is liable for his bills, not you, except for any bills that you personally guaranteed in writing but you would remember doing that. You don’t HAVE to probate his estate. Failure to probate might leave some things in his name unclaimed and after many years they will be turned over... Read more »
Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.
There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... Read more »
Yes, so long as the entire Will is handwritten by the Testator, and signed by the Testator (the one writing the Will). There is no requirement that it be signed by any witnesses.
More information is needed. Do you really mean "attorney" as in "attorney at law"? If so, then that would be highly unusual. Perhaps you mean "attorney in fact". An attorney in fact signing trust paperwork on behalf of an incapacitated principal could be perfectly legitimate, depending on the... Read 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 she... Read 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... Read more »
Our parent is terminally ill and did not want to change his will after our sibling passed last year. He just wants to be sure someone in that siblings family inherits.
It is impossible to answer your question without reviewing the will of the parent and also the will of the pre-deceased child.
I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It... Read more »
I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for child support... Read more »
Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.
The laws in each state may differ but the public... Read more »
Me and my brother own the house and property that my parents lived in. I want to sell him my half but either he can't get the money or won't pay 1/2 of appraisal value. I am the oldest of both of us and I have no desire to keep another house. If he can't buy my part, I suggested to put it up for... Read more »
You can't sell it without his signature. Actually, you can sell just your half with only your signature, but nobody will buy that. If your brother won't listen to reason, then you can force him to sell by going to court but it will be expensive and the cost will come out of both of your shares.... Read more »
Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »
Then don't let your siblings push you around and hire an attorney.
To anyone. How do we go about getting a copy of the will.
Hire an attorney to start a probate. Then you can ask the judge to order her to produce the will.
Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »
Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself - just... Read more »
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