Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
In California, a Notary Public can notarize a grant deed, but they cannot draft the deed themselves. Notaries are authorized to verify signatures and identities, but they are not allowed to provide legal advice or draft legal documents, which includes deeds.
If the notary is also a real... View More 
Would it make a difference if she is also a real estate agent or are deeds only done by escrow companies?
answered on Jul 21, 2024
There can be a conflict of interest between the agent's role as the impartial notary and beneficiary real estate agent. This must be disclosed to all parties to the sale.
A real estate agent can fill out the blanks in a prepared deed form, but they cannot draft a deed if they are not a... View More
My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More
Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.
The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2024
Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.
answered on Jul 12, 2024
The LLC can sell the land whenever it wants to. The Company Agreement of the LLC will indicate who has authority to take action like selling its land.
Remember that the land itself is not part of your mother's probate estate. It is owned by the LLC. Company Agreements typically... View More
Her lawyer buried us in paper work now lawyers want 5k /10k retainer we are on fix income we are not showing up in court my mom has Alzheimer's I have a Dr letter for her I don't want to go to court with out a lawyer can not afford one not fair bottom line can I be held in content of... View More
answered on Jul 12, 2024
If your brother had children, his estate will pass to those children or their descendants. If not, your brother's estate will pass to his parents, which would include your mom if she was also his mom.
Your brother's ex cannot inherit anything from your brother's estate... View More
Bank account left to me and my sister. I found out recently through the Florida Treasure Hunt that there are $300 in funds left to my father from a foreclosure of a home from about 15 years ago. Problem is, my sister had(s) power of attorney so her name is attached as owner of the funds. However, I... View More
answered on Jul 11, 2024
The power of attorney doesn't make her the owner of the money; but it's probably the reason she is named as the "owner". You should be able to get your share of the money through what is called "Disposition without administration", pursuant to Florida Statute 735.304.
answered on Jul 11, 2024
You and her two daughters should be able to sell the home when probate is complete. The administrator of your wife's estate may also be able to sell it with a court order and distribute the proceeds to you and the two daughters.
the attorney handling the case wants phone records from 2 years ago. i am not associated with any parties on this case. i don't understand why or how i got involved.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2024
That is a subpoena duces tucem and it is Court issued. If you do not wish to comply, then hire a lawyer to file a motion to quash. Obviously you are not a party to the suit, but your records are wanted by one of the parties to use in Court.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 9, 2024
Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.
Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2024
Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.
Dollar writes specifically and intentionally leave him none of my worldly good except for one silver dollar. Is he entitled to anything else if she did not put the term residue in the will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2024
If Will is not probated, it means nothing. If filed for probate, then hire an attorney to examine Will and see if the Testatrix died partially testate or bequeathed and devised everything. If everything is given at death, then there is no need for a residuary estate clause.
My dad passed away over two years ago and no one has told me the outcome of the probate case but that my brother, the representative, gave my niece is vehicle. He also had another. He had 2 ATVs, many, many tools. An expensive grill. Two garden tillers. The day before he passed my sister and... View More
answered on Jul 5, 2024
I suggest you first visit the court's website to access the court records if no one has told you anything regarding the outcome of a probate case and it's been over 2 years. Then you may decide to go to the courthouse (in person) to view documents not viewable on line. If it was a small... View More
My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?
answered on Jul 2, 2024
On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:
"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:
1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.
2. Consult an... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2024
You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.
The code of Alabama states as follows as to your comments:
"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON... View More
ca. probate administrator froze ERISA account that was distributed to spouse with no court order and no notification, the administrator already contacted the ERISA qualified account administrator vying for beneficiary status and Fidelity investments denied her and gave me the account saying i was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
This is a complex legal situation involving ERISA (Employee Retirement Income Security Act) accounts, probate law, and potential conflicts between beneficiary designations and intestate succession. Let me break down the key points and provide some guidance:
1. ERISA Account Beneficiary... View More
I am the administrator of my father’s estate in California. I need to liquidate some assets in order to ensure the estate is solvent. An example of an asset I have are some rare vinyl LPs. Can my notice announce my intention to sell, and my intended asking price even if I don’t have a buyer... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
Based on the information provided, here's a concise response to your question:
In California, as an administrator with Full Authority, you can generally send a Notice of Proposed Action (NOPA) for the sale of tangible personal property before finding a buyer.
Key points:... View More
Mother had an estate trust
Mother also had a life insurance policy that was hid from me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
This is a complex situation with several legal issues to consider. Here's a concise overview:
1. Power of Attorney (POA):
- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.
- If he used the... View 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.
