Depends on whether or not someone was named in the will if there even is a will. If no one has come forward within 90 days from the death then anyone interested can serve as executor provided the clerk approves them.
Closing out estate after almost 2 years. The overall estate value is $83k with $23k going to the lawyer. Now Clerk of Court is requesting lawyer petition the court for fees. I am supposed to sign a document agreeing to this. Why am I being asked to do this? Is this normal? Is Clerk questioning the... Read more »
Some Clerks across the state require that lawyers petition to get fees paid, others view it as an issue between the executor and the lawyer. This sounds like an example of the first issue, and you have to comply with the Clerk's wishes.
My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »
It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney...Read 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...Read 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...Read more »
Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they...Read more »
My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »
so my wifes sister is now trying to sue us for 25000 dollars because she thinks shes entitled to part of the house. the house sits on a rented lot which ive paid for the last 4 years, ive also paid the taxes, paid for all upgrades including new appliances and ac unit, and paid for the upkeep. i... Read more »
Yes, your wife's sister has legal standing to sue. Whether she will prevail or not is an entirely different question, and you did not state any facts on which she might rely. The usual grounds for setting aside a deed would be fraud, misrepresentation, coercion, undue influence and/or elder...Read more »
We were living in MN and moving to NC when my husband passed away in WI, eight months ago . We didn't have a will and before we could transfer the MN vehicle's to NC he passed away. We no longer have a MN address and our permanent address is in NC. North Carolina said I need MN to tell... Read more »
You and your husband likely became domiciled in NC when you left MN. As such your need to open a probate in NC, you do this by talking to the clerk's office in the county you intended on living in. Once you accomplish this you can transfer the titles to your name. You will have to notify any...Read more »
Depends on the will or lack thereof, also you are the HCPOA but is there a durable POA also in place for your mother? You probably need to take all your documents to a local attorney and get a more tailored opinion.
Generally speaking, probate matters do not actually go to court like you may be thinking. The clerk's office will handle much of the estate and potentially the estate will hire a lawyer to assist them. What you need to do is find out who the new owner(s) of the property are and where to send...Read more »
" I hereby give, devise, and bequeath my entire estate to" does this type of language allow one to bypass listing items ( car, stocks, accounts, etc.) without the beneficiary's name on it on the AOC-505? It is my understanding that items with the beneficiary's name on them or... Read more »
I would have to review both the will and the related documents to give specific advice as to what needed to be listed. But generally speaking if the property is passing through the estate then it needs to be on the inventory.
It appears no Probate has occurred, and this might be a good candidate for such a procedure. Probate Administration is expensive and lengthy, but that is probably the only way to really resolve the situation. Hire a competent attorney and do not forget about the taxes, which might be construed...Read more »
Depends on whether or not your mother left a will and the size of her estate. If it is a small estate then talk to the local clerk and you can try and handle everything yourself, or if you would feel more comfortable, hire an attorney to assist you in the process.
His real estate property divided 50/50. There is some tractors and farm equipment that were in his possession and he has had ever since his father passed in 2011. Now my question is the brothers now claim all the farm equipment was not my step fathers but instead theirs and have threatened to call... Read more »
You may need to file Probate here if enough assets are present. Administering the Estate will allow the relatives to file Claims Against the Estate if they truly feel they own some of those items of personal property. Hire a competent attorney to talk to you about this. Criminal charges like...Read more »
Hopefully, it was filed for safekeeping at the local clerk of court's office. I would check there, they will not let you look at it until it is probated but they should be able to tell you if they are keeping one for him.
The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... Read more »
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