If this involved real property in which the "probate estate" had an interest, then you should have either consented or been notified. Locate an attorney in the county where the probate occurred to check out your options.
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... Read more »
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.
IF YOU FILED THE PROBATE AND WAS APPOINTED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE, you should be able to access the bank funds to make the payments. Talk to the bank again or better yet have your attorney talk to them.
everything she acquired before as well as after their now belongs marriage to him simply because he was her husband at the time of her death. Even things that were acquired while she and my father were married, as well as things that belonged to my grandmother that were given to me when she died... Read more »
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.
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...Read more »
My father passed. I am/was his POA so was removed from acct. I am Trustee for myParents trust. My mother is surviving and I’m her POA as well. Since he had pour over will do I need to go through probate? All other funds in Trust except my mother’s surviving SS bene (I am Rep Payee) and... Read more »
If his account wasn't in the trust, no joint owner or Payable on Death Beneficiary, then you will probably be required to probate the estate. It sounds like a summary probate would be appropriate in this situation.
I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »
I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,...Read more »
If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the...Read more »
Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in... Read more »
Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.
Your question is missing some context here, such as whether there is an active probate.
Although your situation may be different, most individual who create a Last Will and Testament name their children as the primary beneficiaries. There is typically a clause that addresses the situation...Read more »
Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your...Read more »
best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence on the... Read more »
The will gave the property to 3 heirs one heir sold their portion of the property via quit claim deed. The buyer at that time sold the whole property to a new buyer with a Joint Tenancy Warranty Deed. I recently found my Grandfather's will and it is going through probate.
The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... Read more »
He was told by judge that paternity needs to be done at his cost. It's been 8 months since hearing. The parents are not married and the mother was married to another man at time of conception. The mother's husband was not on child's birth certificate and does not claim child but the other man does... Read more »
Dad passed away without leaving a will. Mom/ widowed wife is still alive. we live in okc but the land is in antlers ok. we know that a neighbor has rebuilt his fence on our land, hence taking land away from us.... im guessing encroachment or homesteading???... its only 10 acres but i am needing to... Read more »
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