If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an affidavit that has a...Read more »
I am the sole heiress, currently POA, his caregiver and will be executor. There is a mortgage and an equity loan not in my name but my parents. My mother is dead. Dad is alive by very sick. Both of their names are joint owners on the house title and the mortgage and equity loan. He has a registered... Read more »
You need to go see an attorney. You need to verify the house was joint with survivorship between your parents so it can be transferred out of your mom's name and into your father's name. If the house is not in survivorship between your parents you have a lot issues to work through. If the house...Read more »
If we file a partition lawsuit- it has been 2 years, and he refuses to start probate, and is threatening to litigate us to death. He has also said that if we start a partition- and the property goes to auction, he will have a buddy buy it out cheap and cheat us. We would like to file to become... Read more »
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.
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 »
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 »
With no will, and if she was not married at her death, then her estate will be divided equally among her 4 children. If she owned her house, her 4 children will be 4 co-owners. You do not have any greater right to the house or to live in it, than any of her other children. Each of you will own a...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 »
My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »
There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him...Read more »
The auditor lists the "taxable" value of property at 35% of the market value, because real estate taxes are based on that taxable value, not the market value. If the market value is $112K and there is an $80K mortgage, then there is $32K of equity for the heirs to share. Use the Find a Lawyer tab...Read more »
Everything an administrator does can be challenged by the heirs of the estate in the probate court. Use the Find a Lawyer tab and retain a local probate attorney to review the facts and advise you of your options and the legal costs of doing so.
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 »
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