My mother passed in January. We desperately need to sell our other property, but my mother's name is the only one on the deed. My father's name is on the land contract and they were married when my mother passed. I do not know if that works in our favor.
Probate is the process that is used to change the title to property held in a decedent's name. You need to contact a probate attorney near where your mother passed to help you take care of this.
Looking for legal advice concerning my family rights. Situation as follows.
Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... Read more »
Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.
As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have rights... Read more »
My aunt passed in 2017 in NJ I live in Ohio and was the executor to the estate. She did not have any assets other than a trailer that was sold and used to pay bills. 3 years later I get a bill from the NJ treasurers for an inheritance tax of 300k plus penalty and late fees. I didn’t receive an... Read more »
You probably need to talk to an attorney. This could be a scam or a mistake. If its a mistake, then you need to make sure you take care of it before the IRS begins to collect on your assets.
Good question. Most attorneys won't do a simple will without making sure that a POA is in place for medical and non-medical needs. To have an attorney look at your situation and draft new documents will probably cost at least $500. Of course, some attorneys charge $3,000 to $5,000; so it depends... Read more »
In my will, my two children will get 95% of my estate, and the remaining 5% will go to my four grandchildren. BUT, all my annuities, bank accounts, CDs, etc are POD to my two children. So how will my grandchildren get anything at all?
You can accomplish your goals by hiring an estate planning attorney to help you create a trust-based estate plan in which you designate your percentages. Then transfer all of your accounts to your trust or, for those that can't be transferred, designate your trust as the death beneficiary. That... Read more »
My boyfriend of 15 years is dying. He wants me to receive the inheritance he's supposed to get once his grandpa passes, who is not dying anytime soon. His kids are all under age and he knows I will make sure they are taken care of.
It is highly likely that if your boyfriend predeceases his grandfather, the inheritance from his grandfather will pass to his (your boyfriend's) children. With no guardian already in place for them, a court will appoint a guardian to receive the funds. So what you want is to be appointed as their... Read more »
I think my husband's brother stole from his siblings. He never filed the death cert or probated the will. We paid for a chunk of the funeral and for his sister and her 2 kids to fly in which was supposed to be paid back to us out of the estate. They also found bars of silver in the house that... Read more »
A will merely nominates someone to be the executor. That person must file the will with the probate court and have the court appoint that person as the executor. Until that happens, there is no executor. If the person named in the will doesn't do it, then any other family member can file with... Read more »
in april 2015 a month before my uncle died 3 home health care workers liquidated assets of my Uncles house worth 700,000 dollars .. sold it for 5000000 .. They were actively disposing of his assets before he died ... My uncle had alzheimer's ..his cause of death on the death certificate says... Read more »
This is the kind of question that cannot be answered quickly and easily over this form of medium. Your uncle's heirs should call an attorney to discuss.
It depends on how advanced the condition is. In the early stages of Alzheimer’s, the individual often still has testamentary and contract capacity. In the later stages the person clearly does not.
My deceased mother will be receiving a tax refund next year which I am told will come in her own name or the name of her estate. It is the only thing that will be in her estate since she had a trust that contained everything else. Her will leaves anything not already in her trust to her trust. I... Read more »
You should wait. Depending on the size of the check, you may be able to do a Summary Release from Administration which greatly simplifies the process.
He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »
It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.
My father wrote in a letter that the property stays in the family's name my brother is trying to put it in his girlfriend's
Nobody can retitle the property without your father’s signature. If your brother has a power of attorney from your father then your brother had a fiduciary duty to honor your father’s wishes.
If your father is deceased and he had no will then it passes according to the laws of... Read more »
Five siblings, two want to fight. Not much equity in estate, just bills. No liquid assets. Values questionable of assets.
Who filed the will? You are not obligated to serve as as administrator of the estate. If you do not want to do that, then sign the waiver. There is no charge for that. Let one of the siblings deal with it. If you have questions about the probate process, use the Find a Lawyer tab to consult a... Read more »
There are several questions that need to be asked.
How much money is in that account?
Did she have any other property?
Did your grandma have a will?
If not her inheritance would be governed by the Ohio laws of intestate succession.
So the next question would... Read more »
I was just nominated guardian of an estate for my grandparent. Only one is living. I'm not truly sure what all this means. What are my complete duties and how long does this last? Limits?
Some of my family say they are going to start transferring and selling his things/home with or with out... Read more »
NOBODY has the authority to sell someone ELSE's things without a power of attorney from the owner or, as you have, appointment as guardian. You now have the authority to prevent other people from selling your grandparent's things. If they do it anyway, they are guilty of theft and conversion.... Read more »
The executor of her estate is responsible to fulfill the responsibilities of the deceased landlord. Contact the attorney for the probate estate with your questions.
Death wages... what is that?
They probably mean wages that were earned as of his date of death but not yet paid. He must have been paid via direct deposit.
My uncle had a will he did 10 years ago, my dad who was still alive then was listed in the will. My uncle passed away recently and now his siblings want my brother and I to sign our rights away . Do we have any right to inherit from the will since we are next of kin from my father , his brother.
Whether you have a right of inheritance is impossible to say without reviewing your uncle's will, but your relations apparently think you do or they wouldn't be asking you to waive them. If you have a right of inheritance, there is no law that compels you to waive it. Don't sign anything without... Read more »
My father's sister-in-law has died leaving behind property without a will that was transferred over to her after his brother (our uncle) died. My aunt has no surviving spouse, grandparents, parents, siblings, or children . My father has no surviving siblings. In this case, do nieces and nephews... Read more »
Her siblings would be next in line to inherit.
He retired from the state of Ohio. He named me the beneficiary ( his daughter). What are my rights with this. I have a brother I would split it with. Does she get all of it. Do we have any say at all with this. I know he wanted us to have this.He left her a 401K , all for his other assets , 2... Read more »
You will have to consult with a local probate attorney who can review all the facts, gather any information and documents, and then advise you. You might have to file to administer the estate, unless his wife or someone else does. Whether you or anyone but his wife receives anything, will depend... Read more »
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