My grandmother recently passed away. I am now the trustee of the family trust. There are a couple of properties that didn't make it into the trust. Is there a legal procedure that can avoid probate and heggstad? My father believes this is called bequeeze or bequest.
A "bequest" is a legacy or gift handed down to someone in a will, or the act of making such a gift by will. To "bequeath" is to give personal property by will do another. They are almost synonyms of each other. Gifts made by will require probate to transfer, with some exceptions.
You do not write that you have any evidence that either of them left anything to you in a Will. Please check the records of the county probate court to see whether they had Wills naming you. If they did not leave Wills, you are not an heir to your grandmother's estate directly. You may be an...Read more »
I wish you could but you can't. You must be represented by an attorney. The attorney will file an Application to Probate a Will as a Muniment of Title together with the Will and the death certificate. You will testify in court. The judge will issue an Order. The attorney will record the Will...Read more »
I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only worth about... Read more »
Since your mom’s total gross estate is valued at more than $150,000, you’ll need to probate the entire estate, including the home and the bank account. The cost of probate is at least $10,000. You really should find a probate attorney to help you through it. The existence of a reverse...Read more »
My mother passed away last year and I was placed as the PR. I handled all her debts and creditors but, did not file the first account. Due to the delay in filing, there was a hearing (without my knowledge) and I was taken off as PR and a lawyer was placed in. He wants to sell the real estate... Read more »
The will appoints me as personal representative and states I shall have the power and authority to sell and dispose of any property that i might own at the time of my death. So then could I sell the house to pay off reverse mortgage and split the extra money with my brother?
Probate isn't required in Oregon. Probate is an option if you need the assistance of the court to order tasks needed to resolve a deceased person's estate to get done. In the case of a reverse mortgage you may or may not need probate.
The first thing you will want to do is figure out if...Read more »
My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust
You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.
My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »
When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.
The laws in NC state that if someone dies...Read more »
In reality, nobody is your son's personal representative unless and until he or she is appointed as such by a probate court. If the decedent had a will and it appointed the father as personal representative, some (not all) institutions might honor that. The landlord will probably be satisfied by...Read more »
Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »
She had no children. Her only remaining living relatives are one brother, one sister, six nieces and 3 nephews -- all adults. Also, one of her nieces is a personal injury attorney who apparently appointed herself person representative. Is there a conflict of Interest in her doing so?
In New Mexico her siblings would inherit everything.
An interested party is not disqualified from serving as a decedent's personal representative. More often than not the personal representative is an interested party. If you object to the court appointing anyone in particular as...Read more »
You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you can...Read more »
I was living in the home for 6 years and have been paying the mortgage since her death. The house is her only asset and is in probate. Have been told I have to sell it to pay off her debts. Have a lender who will give me a home equity line of credit if my name is on the deed.
No lender will recognize your authority until you are appointed as executor by the probate court. Keep in mind also that all debts (except the mortgage) eventually expire if you can fend them off long enough.
My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »
There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him...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.