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... Read 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....Read more »
She is keeping his current house and still going on with the $200,000 house they were having built. The land was in his name. I was his only child. She is getting all of the money, the houses, vehicles, everything. All I wanted was a few of his shirts, all of the hunting rifles, shotguns, bows,... Read more »
Since your father had no will, if the estate is divided according to intestate succession, his spouse will receive the first $30,000.00 of personal property, one-half (1/2) of the remaining personal property and one-half (1/2) all real estate. You as the only child will receive one-half (1/2) of...Read more »
He wants to leave the house to his kids but stipulate that I can stay in the home after his death if I so chose. Can they force me out? I would rather refinance so the home is in both of our names and to give me security.
He will need to either title the property to himself, with you having a life estate, or state in his Will that you can remain in the house until you die. Otherwise "yes" you can be forced out, with proper notice. If you are on the loan, you should be on the title, but that doesn't...Read more »
My father passed away and I am his executor and sole heir; my siblings were not granted anything in his will. He died at home, and the police gave his keys to my brother who lives next door. Immediately afterwards, my brother took my dad's truck and put it on his own property. The police... Read more »
The police won't get involved, as they do not want to be in the middle of interpreting civil documents, unless that civil document is a Court Order. As executor, you have a duty to collect all property and then distribute it. If he won't return the property, or buy it for a fair market...Read more »
My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a... Read more »
Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death...Read more »
He is now residing in the house on an acre of land. My question is what am I entitled to as her biological son? He has two daughters from a separate marriage who live half way across the country. I believe the home is in both their names. Any information would be appreciated. I want to know my... Read more »
To find the answer to your question, you'll need to find out if she had a Will. If she had a Will, it will dictate what happens to everything she owned. As to the house, this will depend on her Will, and possibly how the house is titled. If it is titled as...Read more »
If your father didn't have a will, then you, his other children (if any), and his spouse (if any) would be a beneficiary of his estate, so you would own the property and have access to it. You would need to open an estate to show the transfer of title to the property (there is a relatively...Read more »
You didn't have to leave (and likely should not have unless there was physical danger) you could have attempted to force him out by filing a Divorce from Bed and Board. That is likely still an option so you should consult with a local family law attorney ASAP. And BTW your spouse is likely...Read more »
You can hire a probate attorney and get yourself appointed as executor of your mother's estate. You will then have the power of the probate court behind you to demand the return of all of your mother's things so that they can be properly distributed according to the terms of her will or,...Read more »
The process of retitling assets of a person after he or she passes is called probate. A probate attorney can help walk you through how to do this. Personalized advice cannot be given in this forum. A consultation with a probate attorney is necessary because the process depends a great deal on...Read more »
You have not provided enough information to answer your question. First we need to know who is supposed to inherit the house. Did your uncle have a will? If yes, who is named in the will to receive the house? If no will, did your uncle leave behind a surviving spouse or children of his own?...Read more »
If the home is in his name alone then it is going to pass to his heirs after the probate process is completed. That means it is going to go to his blood line according to the NC intestate statute. In this case it will go to his/their children but if they are under 18 then their mom will most...Read more »
Siblings grew up together in one household since birth however one sibling was born out of wedlock (infidelity on the maternal side yet raised by the father as his own). Both parents are dead now (mother died first, father died recently hence the succession) without any wills. Does the sibling born... Read more »
In North Carolina, there is no distinction between half and whole siblings. NCGS § 29-3. Certain distinctions as to intestate succession abolished. In the determination of those persons who take upon intestate succession there is no
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.... 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.
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.