My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?
answered on May 14, 2020
Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your... View More 
My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... View More
answered on May 5, 2020
Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... View More
My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... View More
answered on Apr 8, 2020
Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... View More
My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... View More
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answered on Mar 11, 2020
You make the will appear by hiring a probate attorney to help you file a petition to probate the will and to have your self appointed as executor. Once you are appointed, or maybe before then, you will have the power of the court to compel your aunt to produce the will.
The heir was a defendant in a series of civil suits, losing all of them and having judgments levied against her by the courts. Would it be illegal to contact the plaintiffs who were awarded the damages that there will be money allocated to the heir upon the death of the lady?
answered on Mar 3, 2020
Seek advice of an attorney. Your pan of action may be contrary to the terms of the trust. If you breach a fiduciary duty you might become liable to the heir.
How do I put the house in my name
answered on Feb 21, 2020
If your mother executed a deed in conformance with the Non-Testamentary Transfer of Property Act (commonly referred to as a Transfer on Death Deed) naming you as the beneficiary, you are required to record an affidavit of acceptance within 9 months from the date of your mother's death. If an... View More
answered on Jan 22, 2020
Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.
I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.
answered on Jan 21, 2020
Aside from a physical search you might try:
https://eapps.naic.org/life-policy-locator/#/welcome
With the bal estate value under 50k. We know and have his wishes wrote down from him but nothing legal
answered on Jan 9, 2020
If the balance is real estate, a probate must be filed. If the balance is just personal property or money then if all heirs agree to the split, split it evenly.
She's become in capicated can I do this for her
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answered on Dec 18, 2019
It makes perfect sense what she wants to do, but whether you can arrange it depends on the wording of the POA. In some states, this would be considered a "gift" and gifting authority has to be specifically stated in the POA. Use the "Find a Lawyer" button above to find an... View More
and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?
answered on Nov 11, 2019
A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.
My brother named my sister-in-law as executor of his will. Before he died, I read his will. My sister-in-law and I have had a falling out. She has not sent me a copy of the will and now is saying things different than what was in the will I saw.
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answered on Oct 29, 2019
When she lodges the will with the probate court to commence the probate of your brother's estate, you can obtain a copy of the will from the court. It will be public record at that time.
His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and... View More
answered on Oct 13, 2019
I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.
If we can help,... View More
I have been to his office 5-6 times over the last 2-3 months trying to get this information. The admin keeps saying they will call me, but they do not.
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answered on Sep 24, 2019
Fire him and hire a different lawyer.
My father passed away this last August and he and my mother have a revocable trust naming each other as Trustees and everything going to the surving spouse. We want to make sure we are doing everything legally and are wondering if you have to file the will with the District Court if they had a... View More
answered on Sep 12, 2019
Probably not unless the didn’t transfer property into the trust.
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answered on Aug 16, 2019
And attorney can help you file an action to quiet title.
answered on Aug 15, 2019
Generally, yes, a probate can be filed irregardless of how long somebody has been deceased. The question is whether such a probate would fix the title issue you have.
My grandmother has an irrevocable trust, she is the Trustor and Primary Beneficiary. My mother is the Trustee. My grandmother has over 50k in credit card debt. My mother is an authorized user on some of the credit cards but she is not a co-signer or co-owner of any of them. When they created the... View More
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answered on Aug 8, 2019
There is no way to answer your question without reviewing the trust and also investigating other facts, like what her balance sheet looked like when the trust was created. Your best bet is to invest in a consultation with an experienced probate attorney.
We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.
Can we also contest the will?
answered on Jul 23, 2019
You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.
among my two sisters and me. How long do I wait to divide to see if any bills come in. He didn't owe anything. Didn't have much
answered on Jul 12, 2019
If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... View More
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