Get free answers to your Estate Planning legal questions from lawyers in your area.
Dad died and his financial planner hands to my stepmother a stock certificate that is still in my paternal grandmothers name. My father had set up a trust and began Funding it - he did not name a beneficiary. She and I learned this together at the office of his planner. My stepmother then says he... View More 
answered on Sep 18, 2020
If the stock remains in the grandmother's name then the stock would be subject to the administration of her estate, not your father's. That being said, if her estate leaves the property to your father, then his estate would come into play. You would need to investigate the administration... View More
94 year old father wants to quitclaim deed his house to his 3 children to avoid probate. His hands don't work anymore and so his son has power of atty so he can sign for his dad. Can the son sign the quitclaim for his dad if the son is listed as one of the buyers? Do the children have to pay... View More
answered on Aug 28, 2020
That transaction might not be the best if the property has increased in value. By using a "Transfer on Death Deed" the father will obtain his objective of transferring the home to children outside of probate. Also, if he will need a nursing home but cannot afford it, the transaction... View More
Is this legal
answered on Aug 19, 2020
No, as his spouse, you are the next of kin. Ask her to give it back, or you will file a police report. Good luck.
answered on Aug 5, 2020
Yes. The estate administrator has a duty to protect the estate's assets from things like embezzlement. If he fails to do so, he may be held personally liable in certain circumstances.
My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... View More
answered on Jul 9, 2020
Great question:
The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right... View More
I have two children who aren't very financially savvy so I'm reluctant to drop a fairly large sum of cash on them at one time. I would like to set up an investment account and pay some out over a 10 year period with a full liquidation and distribution at the end of the 10 years.
answered on Jul 5, 2020
Absolutely. This is one of the major benefits of a trust. It allows you to control your assets even after death. You can set it up to pay out however you’d like.
The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... View More
answered on Jun 9, 2020
If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... View More
My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... View More
answered on Jun 3, 2020
This might help:
Title 58. Probate Procedure
Chapter 2 - Probate of Wills
General Provisions
Section 24 - Production of Will May be Compelled by the Court
Cite as: O.S. §, __ __
If it be alleged in the petition that the will is in the possession of a... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
