Terry Lynn Garrett's answer The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)
See a family law attorney about establishing paternity and obtaining child support before death.
Ben F Meek III's answer There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other reasonable notice to the creditor prior to the deadline, the claim may now be barred. If the creditor was not notified, they may still be able to assert their claim. This limitation is rooted in the US...
Anthony Marvin Avery's answer Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...
Peter H. Westby's answer Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.
Answered on Dec 17, 2018
Vincent J. Bernabei's answer You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.
John B. Palley's answer As I understand the facts probate court is required. However, a spousal property petition should work. I would need the specific details to know for sure. For example, was down-payment and all mortgage payments from "community property" sources, did she have a will, was there a pre-nup, etc.... Feel free to call or drop me an email with the specifics and I'll see if I can guide you. I do probate court work throughout California. -John
Richard Winblad's answer Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.
Terrence H Thorgaard's answer No, depending on what kind of probate case you are doing it probably will take a lot longer than that. But in general you don't have to be present in Florida to " go through probate".
Elaine Shay's answer Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your choice and inquire as to their best estimates as to the expected amount of fees based upon your circumstances.
Richard Samuel Price's answer You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did she own real estate when she passed? Bring your information to an attorney in your area for a full consultation.
Robert W. Hughes Jr.'s answer YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.
Answered on Dec 14, 2018
Joseph Jaap's answer When someone dies without a will, these things often happen, and can be very difficult to stop. Probate does not happen automatically. Somebody has to file it with the probate court. Any family member can file with the probate court to be appointed as administrator of the estate. The administrator can then change the locks on the house and exclude others from entering. The administrator then prepares an inventory of all the assets and debts, including the mortgage, and files it with the...
Trent Harris' answer I’m sorry to hear this is happening in your family. The disposition of remains is a right reserved to the next of kin under Michigan law. Since your mom and dad appear to have been divorced, your mom did not have rights to dictate the disposition of your father’s remains or keep them. The right to make those decisions belongs to your father’s children - you and your brother. If you and your brother can not agree what to do with the remains, you could file a petition with the probate court...
To codicil or not to codicil, that is the question.
In order to make changes to a will, you have two options. You can make a new will revoking the old will, or you can write an amendment, called a codicil, to change only the portions you wish. Creating a new will, and revoking and destroying the new will, is probably the better practice unless you are working with an attorney. Primarily because an improperly drafted codicil may end up with provisions conflicting with...
From what you describe, something does not sound right. In some instances a trust or estate will "pass though" tax liability to the beneficiary but only where that liability is connected to a distribution. For example, if a trust makes a distribution to a beneficiary that consists of income and capital gains earned by the trust, it may pass the tax liability to the beneficiary. This is done because the beneficiary, as a general rule, has a lower tax rate than the trust....
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