Get free answers to your Probate legal questions from lawyers in your area.
His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.
answered on May 17, 2021
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... View 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... View More
answered on May 7, 2021
It will save your heirs some money if you do so. If there is no beneficiary, all of the assets in the IRA will be subject to the audit fees from the Clerk's Office.
Car is registered in Florida. I have the title. I keep reading about probate? But there is no estate.
answered on May 5, 2021
You would have to probate in FL, and while there may be some lawyers on here that can practice in NC and FL you will have better luck posting in the FL section.
with out a lawyer she has nothing of value in her home. I want to buy the house for rental. and at this time I do not have money for a lawyer
answered on May 3, 2021
For small estates, it is very common for the clerks to assist the administrator with getting everything filed. Talk to the local clerk's office and see if you can open the estate.
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... View More
answered on Apr 29, 2021
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... View 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... View More
answered on Apr 22, 2021
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... View More
My question is does my brother legally control all assets and funds due to my mother having dementia?
answered on Apr 13, 2021
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.
Do I have to attend the probate court or can my lawyer represent me?
answered on Apr 9, 2021
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... View 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... View More
answered on Apr 8, 2021
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.
the property was willed to the 3 of us. however my sister has moved into home not paid rent to me or my brother, nor paid the property taxes.
She wont let myself nor my brother on property unless she is there and we still have personal items to be devided between us. She told me I have to... View More
answered on Apr 2, 2021
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... View More
answered on Apr 1, 2021
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... View More
answered on Mar 30, 2021
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... View More
I don't even know if there is a will, but I want to try to get access to it. I don't think he has a physical copy, but his 2nd wife is being irrational and won't let us look for one.
answered on Mar 22, 2021
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... View More
answered on Mar 16, 2021
If I understand this correctly, the current owners are you and your nephew. And your nephew wants to keep his portion of the land.
You really have two options, the first you have attempted, you buy out your nephew, but he has to agree to this option.
The second is that you file a... View More
Since he died before her she left all to her children. She had no children. Who stands to inherit?
answered on Mar 7, 2021
Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.
Evan Lohr
answered on Feb 26, 2021
Given the fact that you are posting this from TX, I would recommend it. Having a local attorney would probably be worth the hassle of closing the estate.
He died 2 yrs ago, they have 1 child from separate marriages and 1 child together. My mother in law insists the house we occupy is now hers as she sold the family home. My husbands grandparents and father expressed that husband would get our home which he has been in for 20yrs. Noone else has seen... View More
answered on Feb 24, 2021
I would have to review the will (if it exists), the estate file (if it exists), and other relevant documents to be able to answer your question. My advice is to hire a local attorney to review the issue and give you their opinion.
of her demise. My wife and I paid $500/mo (more than double expenses and brother did upkeep on house and cut grass for his share). He has since told us we can only have access to the basement/bathroom area and are not allowed to use the remaining 1725 sq ft, the double garage, neither storage... View More
answered on Feb 17, 2021
you need to speak to a local probate attorney, without looking at the documents such as the deed to the property and others we cannot give you specific advice on this forum.
The car title is in my Mothers name only
answered on Feb 15, 2021
You just need her old car title, the buyer may ask to see proof that you can act in her name but the letters given to you by the court should suffice. In order to properly sign it over you should sign ""Mother's Name", by "Your Name" executor of "Mother's Name" estate."
answered on Feb 10, 2021
The answer to that depends on the terms (or lack thereof) of your ex-spouse's will. He could have bequeathed his interest in the property to his new wife, in which case both you and she will own a 50% interest. If he died without a will, his interest in the property will pass pursuant to... View More
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