Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to...Read more »
The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do...Read more »
Normally the interest of your deceased siblings would pass to their children. However, in order to verify that, I would have to review the will and make sure it didn't specify a method for determining the heirs.
The settlement came in my name but went through bankruptcy court to pay both our debts. The rest comes to me. But has both our names on it. Husband had no assets of value. Never opened probate estate I just pay his bills as they came in. Now what do I do
It sounds like the check came from the bankruptcy trustee. Contact the trustee and ask to re-issue the check in your name only. Be prepared to submit the certificate of death for the Trustee's due diligence.
The ownership depends on the language located in the deed, the language in any wills, and the order in which your family members passed. Without all that information, a lawyer will not be able to give you specific answers to your questions.
The estate constitutes a house and a business. The deceased wanted her brother to live in the house until he decided not to and own the business. However, this wish was never legalized in a revised will. So, based on a 2009 will, all assets are divided amongst the 4 siblings, who are not all on... Read more »
Do I have any rights to my grandma's estate? Everything was left to her 3 kids with the intention of them including the 3 grandchildren. 2 of the grandchildren are underage so they are automatically included with their respective parent. I'm the only adult grandchild and my parent has not... Read more »
My grandmother passed away and will states everything divided between her 3 children. One is my father who died before she did, so I know I inherit his third. My aunt is asking for me to pay her back outside of the inheritance for groceries and household goods and transportation she paid for over... Read more »
The answer to your question depends on who you are, how much was in the estate at the date of death, and where you are in the process. Simply filling out the 506 is not enough. Have a consultation with a probate attorney to make sure you've done everything properly.
My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »
You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to...Read more »
My husband and I were married 21 years. During that time he had children with other women out of wedlock. What constitutes those children being legitimate to inherit from him? He isn't on either of their birth certificates. He did pay child support and signed an affidavit while legally still... Read more »
Unfortunately in this scenario, all of your husband's biological children as well as yourself are heirs. However, there are some options available to you as the spouse that may cause all of the assets to pass directly to you rather than to all of the heirs.
If there is no will and the only major asset was a primary residence owned jointly with the surviving spouse, will the surviving spouse be eligible for 100% of the real estate simply because they were jointly on title? All other assets probably worth under $20K.
of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how... Read more »
Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.
Unless the house is specifically mentioned in the will that it is to become part of the estate it does not automatically become part of the estate. The executor of the estate will likely have to join in the sale to release any potential interest the estate has but you should do everything in your...Read more »
The funds in the checking account at the time of death are part of your father's estate. Because this money was transferred after death, it becomes much harder to determine the ownership. To access the account, you will have to go through the probate process and be appointed the personal...Read more »
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