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dad left house to my brother and I but the lady he married 30 days before he died, gave her Living Rights to the estate. She has remarried but I thought she couldn't live there if she remarried. what are my rights as owner of house? I live in NC our laws are different. Please clarify. thanks you
answered on Jun 12, 2020
A life estate lasts until the person dies. It does not matter if she remarries. But she could have exerted undue influence in getting him to change the deed, or he might not have been mentally competent, so a court might rule that the life estate is not valid. Use the Find a Lawyer tab to... View More 
Do I have any rights as his legal daughter? What steps should I take?
answered on Jun 11, 2020
Your father had the right to include or exclude anyone he wanted. And good for him to give only to children who were speaking to him! If you wanted to be treated like his daughter after his death, you should have treated him like your father when he was alive; it is too late now!
What kind of rights do I have after 18 years of marriage? He basically kidnapped her for the last 3 months of her life and I didn't even get to be with my wife in her last hours. Not only that, he is holding our truck, safe with personal paperwork, family heirlooms, tools, equipment, and our... View More
answered on Jun 10, 2020
You can file with the probate court to administer her estate. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you of your options. But don't delay, or a lot of things could go missing.
Selling house still owed to bank. Are my proceeds from that sale considered to be his estate?
answered on Jun 2, 2020
Check with the custodian of the 401K account to find out if he designated you as the beneficiary. If so, it is not part of his estate to pass through probate. Also, check the deed to your house to find out if you have survivorship rights or a transfer on death designation. If not, then the house... View More
My Father passed away and him and my mother were owners of a mobile home on land owned by my father's parents. My mother, siblings, and I have been trespassed from the property. So we can not get his belongings or any other property he owns from there left to my Mother. Can they actually do... View More
answered on May 26, 2020
It seems they already have done it to you. But whether or not what they did was legal, depends on all the facts. Use the Find a Lawyer tab to retain a local attorney to review all the facts and advise you of your options.
Just like to know if I have any options really don’t want to have to sue my sisters but I’m pretty sure they got a lot of money and I’m hurting really bad cause of the pandemic deal
answered on May 20, 2020
You might have rights, but will have to act quickly. Use the Find a Lawyer tab to retain a local probate attorney who can review all the facts of your situation, review any filings your sisters have made with the probate court, and then advise you of your options.
. We cannot get ahold of him only through secretary. He won't tell us anything about her will or what is going on. His secretary just tells us to give up house keys. There is no debt. Money was all POD. Only thing left is house and car. I'm feeling like there should have been someone else... View More
answered on May 18, 2020
First off, I don't fully know the situation with your Mom's attorney and I am not trying to step on anyone's feet. However, you are not required to use the attorney who has the will to open the Estate. You can use any attorney or at least any attorney that practices in the probate... View More
I live in the state of Ohio as my parents did for all our lives. I'm now receiving checks for asbestos settlement I filed about 2 years ago for my father . The checks are issued to the estate of (his name). Is there a way just to have the checks issued to myself? My mom past 4 years ago and... View More
answered on May 12, 2020
Contact the issuer and ask if they will re-issue the check. But they probably won't. So you will have to open the estates. There is a simplified process for doing that for estates with small value. Check the probate court web site for the forms to file for relief from administration or... View More
probate, does that mean I can never see the will to see if he left me anything? He died in December and she is not talking to anyone. Originally he left everything to me and my sisters and I just want to know if I am still mentioned in the will or not.
answered on Apr 29, 2020
If everything he owned is in TOD form, then nothing would actually go through the will. So, even if he left the house to you in the will, if the deed has a TOD designation on it, then the house would follow the TOD designation and not the will.
i have an attorney but am considering firing him. i just want to know what my options are for selling the home and resolving his estate. i have been appointed the executor by the court already.
answered on Apr 29, 2020
It is not necessary to have an attorney, but if you are the executor, and make mistakes, you could be legally and financially liable. Talk with your attorney about the situation. Or use the Find a Lawyer tab to talk to other local probate attorneys.
It states that my siblings and I are to be responsible for the insurance, taxes, and a small loan on the house until his 20th birthday. He gets to live there with my sister his mother rent free. Is this legal to do? Can I be forced to pay taxes, insurance and the note for 8 years or lose my... View More
answered on Apr 24, 2020
There is no way to answer such questions without a careful review of the will, the deed to the house, and all the facts of the situation. The will must be filed with the probate court and an executor appointed to administer the estate. The executor can retain an attorney to assist with the... View More
know if I’m in the will, or if there even is a written will. My father has refused to let me see a copy of the will, so I’m assuming there is one, & has told me that there were bonds left to me from my grandparents. He has used the bonds to try to control when I come to visit him, & if... View More
answered on Apr 23, 2020
If you don't feel comfortable unless there are lawyers involved, then retain a lawyer to review the situation and advise you of your options. Use the Find a Lawyer tab to retain a local probate attorney who can check the probate records to determine if a will has been filed or if probate has... View More
His lawyer has sent her papers to sign saying she will not challenge the will. We don't know who is listed on the trust. Can she challenge the will and is she entitled to 1/2 of everything?
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answered on Apr 18, 2020
It really depends on how the will is drafted. The law in Ohio is that “a testator cannot, by any words of exclusion used in his will, disinherit one of his lawful heirs, in respect to property not disposed of by his will.” Crane v. Exrs. of Doty, 1 Ohio St. 279 (1853), syllabus. “[T]he heir... View More
Should she challenge the will and is she entitled to 1/2?
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answered on Apr 18, 2020
It really depends on how the will is drafted. The law in Ohio is that “a testator cannot, by any words of exclusion used in his will, disinherit one of his lawful heirs, in respect to property not disposed of by his will.” Crane v. Exrs. of Doty, 1 Ohio St. 279 (1853), syllabus. “[T]he heir... View More
My mother put her estate in her kids name. Some of the kids signed off their shares. Can the remaining kid sue the other for their share?
answered on Apr 7, 2020
It depends on all the facts of the situation and how your mother did that. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you.
If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in... View More
answered on Apr 6, 2020
They are referencing tangible personal property such as household items and his vehicle.
His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.
My dad passed suddenly. He had life insurance and several pensions for my mother. He had no will. His car was surrendered and the remaining wiped. His student loans forgiven. I took care of all of this. He has simple credit card debt. The house is a survivorship deed and we have a small town... View More
I am concerned that our state's dower-rights are not enough to protect me in the event of divorce or death of a spouse if my name is not on title of our new home. Should we seek consultation from a real estate attorney to get something in writing to ensure I have equal ownership of the home in... View More
answered on Mar 29, 2020
Yes, you should use the Find a Lawyer tab to retain a local estate planning attorney who can review your entire situation and advise you accordingly.
just my brother and I so will we have to split the settlement
answered on Mar 20, 2020
I'm not sure what the question is, but any settlement payable to your father's estate will need deposited into an estate account. You won't be able to open an estate checking account without first opening probate. I suggest that you require the payments be made directly to the... View More
My Aunt wants to sell the house that my Mom lives in ASAP. She wants to evict her and sell my grandmother's house. I have inquired about this and still have more questions about it. I know from my inquiry, that the will hasn't been processed in Probate Court and the house is still in my... View More
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answered on Mar 12, 2020
No title insurance company will insure such a sale from a dead person. The house needs to be retitled into the names of the lawful heirs. That retitling process is called probate.
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