Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn 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

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

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... View 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.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn 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

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.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn 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

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.

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

Her parents, if living, then siblings. Contact me at 919-348-9211 if I can help.

Evan Lohr

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.

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.

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.

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."

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

You will need to initiate an estate administration to pass title. Feel free to let me know if I can help.

Evan Lohr

Moving does not invalidate the Will, and the addresses were to help determine who the beneficiaries are, in the event they are not known (i.e., there are 6 "Todd Smith's" that it could be - it would be the one that lived at that address at the time the Will was executed). So long as... View More

You could file as a creditor to his estate estate, and claim that he was holding it in trust for you, pro-rated to take into account the amount you contributed.

Depends on whether he had a Will, how many children he has, and how much debt he has. If he died without a Will, and the house is not needed to pay any of his debt, and he had more than one child, then you own 1/3 and the kids own the other 2/3.