Get free answers to your Probate legal questions from lawyers in your area.
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.
answered on Jan 22, 2020
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.
Consult an experienced civil... View More 
All other non-real property is set via POD designations to pass equally to my two adult daughters. My goal is to avoid probate.
answered on Jan 17, 2020
You may be able to do a life estate deed. You should consult with an estate planning attorney in your area.
HerWill and all is at a lawyer office. Who can go get a copy of the will to keep her daughter from taking everything. The paperwork has it started in them that her daughter and a few others are not to be anywhere around
answered on Dec 22, 2019
A will by itself would not bar daughter from being present as the terms of the will are only in effect up upon death. A health care power of attorney would be necessary. If mom doesnt have one then its probably too late.
My mother’s sister are selling my grandma homes am I due what my mother would have gotten if she was alive
answered on Dec 16, 2019
You are entitled to any property your mother would have received had she been living. Feel free to contact me to discuss more.
My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving... View More
answered on Dec 12, 2019
When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.
The laws in NC state that if someone... View More
This is north Carolina btw
Also named in the Will are his 2 daughters. My mom was the primary beneficiary of his estate.
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answered on Dec 3, 2019
There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to... View More
If there are children what is the approach? If there are no children or co-owner what is the approach?
answered on Dec 2, 2019
If there are children or other heirs to the deceased that you know of who are willing to administer the estate or nominate you to do it, that would be ideal. Feel free to contact me for assistance.
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could... View More
answered on Dec 2, 2019
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives... View More
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answered on Nov 25, 2019
I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired.... View More
I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for... View More
answered on Nov 23, 2019
Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.
The laws in each state may differ but the public... View More
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answered on Nov 23, 2019
There is nothing you can do. The designated beneficiary gets the life insurance proceeds.
Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I... View More
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answered on Nov 13, 2019
Then don't let your siblings push you around and hire an attorney.
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answered on Nov 6, 2019
You have to pay back the executor of his estate. The executor will then distribute the repaid funds along with other estate assets to his heirs. His heirs may or may not be his siblings. It depends on whether he had a will and what other relatives survived him.
Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much... View More
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answered on Oct 29, 2019
Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself -... View More
This person has informed me that since I am not a sibling, I don't need to be kept informed or asked about anything to do with the estate. Part of the estate is being settled but there are other assets that have a legal difficulty attached to them. This person has stated we, my spouse and I,... View More
answered on Oct 29, 2019
Since this is your wife's parents it is likely that she is a beneficiary and you may not be, meaning her parents left things to her in their Wills and maybe not to you. If you are not a beneficiary you do not have to be informed of everything going on with the estate. Your wife on the other... View More
Since our mom is still living and if she becomes the executor since my brother was not married and has no kids, will the accounts I was made beneficiary over have to be disclosed in the estate?
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answered on Oct 29, 2019
If there is evidence that your brother meant for you to distribute the funds among his natural heirs, then that is what you should do. Absent evidence of such, it is presumed that your brother meant for you and you alone to have those funds, and those funds would NOT be part of your brother's... View More
Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... View More
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answered on Oct 14, 2019
Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.
My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... View More
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answered on Sep 28, 2019
Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.
probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?
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answered on Sep 24, 2019
There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then... View More
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