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...Read more »
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.
I am an only child, my father is not married and has a will. Both our names are on the deed to his house (money still owed on his home), I am designated beneficiary on his life insurance. As well as beneficiary upon death on his bank accounts. His bank accounts are fairly large, over $100,000. I... Read more »
The real issue is creditors, since you are an only child. Are you on the mortgage, then that doesn't need to be probated. The life insurance does not need to be probated. The bank accounts are a different issue. It depends. What you really want on the bank accounts is to be the person on a POD...Read more »
My brother and I are the sole beneficiaries and executors of his will. We have no disputes in the matter. His investment accounts are set to be distributed to us upon receipt of death certificate based on the arrangements he previously made. My brother and I are authorized users on his bank account... Read more »
I the trust was terminated in 2012, the trustee should have transferred the real property by deed back to the grantor or to the beneficiaries depending why the trust was terminated. Not sure what the contested issue is? Sounds more like a claim for quiet title. Give us a call and we'll try to...Read more »
Without more information it is hard to answer this question. Depending on the will there may be some risk, but the marriage should provide protection for the marital property and marital home. If you would like a closer look at it, please feel free to call Boeheim Freeman Law, and we can dig a...Read more »
She was their caretaker for several years by herself before their passing 5 years ago. My mother has remained in the home as this is her residence since she gave up her own home to care for them and avoid sending them to nursing homes. Before my grandparents became ill beyond having a sound mind,... Read more »
It sounds like your brother is trying to exert undue influence over your mother. There are a couple of things you can do. The best option would be to get yourself appointed as her guardian. Next best would be to get at least a couple of doctors to write statements of incapacity, so that you can...Read more »
Consult with a local attorney about contesting her will on the basis of undue influence or lack of capacity or both. If you can prove she had severe dementia at the time the will was made you ought to succeed.
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 attempting to drain... Read more »
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.
I live in Oklahoma. I own (or might own - who knows?) an undivided interest in mineral rights in Texas. I consider them worthless. Let's suppose that I manage to avoid probate through the use of beneficiary forms, TOD's, and POD's for financial accounts and TOD Deed for my house and cars, for... Read more »
She started suffering from dementia several years ago. She left her entire estate to her caregiver.Do I have any recourse? I don't know if she had a will, if so would it be valid? Can a caregiver be a beneficiary in this instance? Thank you in advance
My 1st cousin is who has title to the house has been dead 27 years. I am trying to get title in my name so i can pass it on to my granddaughter when I die to keep it in the family. What is the best way to get a clear title?
Hire a local probate attorney to probate your cousin's will or, if he or she did not have a will, to probate his or her estate as an intestate estate. This does not guaranty that you will get title, however. You will get title only if you were your cousin's sole heir when he or she passed. I...Read more »
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 »
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.