Get free answers to your Probate legal questions from lawyers in your area.
She wants him to draw up papers with an attorney to prevent me from inheriting the house if he dies and although it will state that I can remain until I die, and then she wants to have the ownership revert to her. We are both on social security disability and maintain one checking account. Taxes... View More
answered on Sep 1, 2016
This is a bit complicated, if you do it the way you have outlined. The easier way to accomplish what you have described is for your sister-in-law to give a deed to you and your husband for a "life estate" only. Title to the "fee," i.e., the underlying property, remains in your... View More
There are two properties. I'm selling one and want to give other to my sister. Wanted to take of this after closing, as I'll be paying off due taxes on both properties at the time. I've run out of money and need to know what paperwork do I need to complete to do this as the executor.
answered on Aug 8, 2016
To transfer the properties, you will need to have deeds prepared. However, there is a great deal of other paperwork associated with an estate. You will need to consult a lawyer to help you through this.
Their was no will, and no one else has right to house.
answered on Jul 22, 2016
What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there... View More
One of the children has not talked to him on 15 years. He had no will can I get administrator of his estate. He has life ins 401k stocks and 2 cars
answered on Jul 19, 2016
In order to be appointed Administratrix, you will need to get the children to sign renunciation forms. You could then sell his cars. The life insurance and 401K will pass based on any beneficiary designation forms your significant other completed. If there are none, they will pass to his estate... View More
The deed was in my fathers name only. House has mortgage. He also has cars with loans. I am worried that she may remove his belongings from house as well. Do I need to create an estate and start probate? I am oldest of 3 his 3 sons. My mother was his first wife and youngest sons mother was his... View More
answered on Jul 11, 2016
Yes, you need to engage a lawyer to help you open an estate and be appointed "Administrator." The term, "Executor," applies only where there is a Will. As Administrator, you then are responsible for handling the estate and can gain access to the home and force the girlfriend... View More
9 people originally built the camp with no formal agreement of ownership, after years had passed a few had sold their shares of the camp but never had the deed changed. Now that we want to tear down and build a new one we need the deed changed and a few have passed away. What do we have to do in... View More
answered on Jun 13, 2016
Your facts are, unfortunately, not very clear. You said that nine people built a camp without agreement of ownership. I am assuming that the camp itself was a partnership, corporation or other legal entity, and that the owners of the camp may or may not have been the same people on the deed. In... View More
The insurance plan I currently have renews in July, so she would normally remain on the policy until then. However, I am soon starting a new job and will be getting new insurance. Am I obligated to pay for her insurance through the new insurance company or would she be responsible for paying for... View More
answered on Apr 11, 2014
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? Depending on the answers, the court could ask you... View More
answered on Mar 17, 2014
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no.
If you mean in some other context, I don't... View More
As one of the payments to settle estate,son living in the home when parent dies is to be paid $3500.00. After taxes are paid, there may not be enough money to pay some personal debts, executors fees and attorney fee. he was neither power of attorney or executor. my father took care of him for 15... View More
answered on Nov 1, 2013
I answered this question on another website. For the benefit of other readers, all states have a family exemption - it may be called something different in other states - in NC, for example, its a yearly allowance.
Your post as I noted, makes no sense. Attorney fees, fees paid for the... View More
answered on Oct 4, 2013
I am not sure that you necessarily have to file probate. First, who is this letter from? What is the unclaimed cash from?
Most states have escheat laws. Basically, these provide that an insurer or a bank has to hold property for a certain period. If the funds remained unclaimed for this... View More
My brother has locked me out of our father's house (where he also resides) and where all of the pertinent estate/asset documentation exists. He is a drug user and the concern is that he will try to liquidate as much as he can before anyone has the opportunity to stop him. Myself and the other... View More
answered on Sep 6, 2013
You need a probate litigation lawyer. This is going to get expensive and messy.
You do not indicate whether your father had a will or who would be the personal representative. Without that then you will have little standing.
You can compel production of the will if there is one as... View More
answered on Apr 8, 2013
Father died long ago. Why is this an issue now? His probate assets would have been divided at the time of his death between his surviving spouse and his biological or adopted children. You do not indicate what probate assets there were or how the asset were titled.
Shares of surviving... View More
answered on Apr 8, 2013
What kinds of records and documents are you talking about? Original records either were filed in the court (like deeds, wills inventory, accounting)or are returned to the client. The attorney can retain a copy for his/her files.
answered on Apr 3, 2013
Most estates can be administered in 1-2 years. Probate only means proof of a will - it doesn't take very long. Why are you "trying" to probate? It seems to me that an estate, whether there is a will or not, is submitted to the court and a personal representative appointed. Its... View More
answered on Apr 2, 2013
You do not indicate what other assets there are or whether there are other intestate heirs (I assume there is no will as you state that you are the administratratrix). If there is no will, then any assets will pass via state intestacy law to you as the surviving spouse and any biological or adopted... View More
answered on Mar 29, 2013
Probate court is not necessary for wrongful death claims. It would be for survival claims.
Wrongful death claims are those claims brought by the family of the deceased. See 42 Pa.C.S.A. § 8301 Death action
(a) General rule.--An action may be brought, under procedures prescribed by... View More
The person is in Social Sec. Disability and wants the other relative in the will to receive the remainder as she will be there to assist him in the future. He has paranoid schitzophrenic issues.
answered on Mar 22, 2013
Yes under 20 PACSA § 6201. There are certain time limits to disclaim for federal and state tax purposes. See a probate attorney.
However, your post indicates that the person who is making the will is still alive. In that case, you cannot renounce. A will only becomes operative at death... View More
answered on Mar 15, 2013
Go to legal aid then and see if you can get help. I don't understand how the "friend" can claim this. I also don't know what your mother owned at the time time of her death or how it was titled.
Does this person have possession of the items? If they are still titled in... View More
Do the 4 children equally split the 1/2 of the estate that the surviving spouse does not receive?
answered on Mar 15, 2013
If the person who died died without a will then yes, all of his or her biological or adopted children would inherit an equal intestate share.
See 20 PA.C.S.A. §§ 2102 - 2103 for calculation of the share of the surviving spouse and children.
answered on Mar 14, 2013
The same as anyone else. However, I assume that what you are really asking is whether someone who gets SSDI or SSI can receive an inheritance.
The answer is it depends on what type of benefits the beneficiary gets. If the beneficiary is on SSDI, there is no problem. SSDI or any other... View More
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