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I am looking to add myself to a property deed in Fresno, California, alongside my mother. The deed also includes my late father, who passed away in 1997 without a will. We have not consulted any legal or real estate professionals about this, and my mother's other adult children are not... View More 
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answered on Mar 25, 2025
The easiest way is to have your mother add you on to the deed. For something like this, I would go to a service like Legal Zoom or a paralegal service that can draft documents cheaply for you.
On the other hand, if you mother decides that more complicated estate planning is necessary due... View More
Can my husband, who was named in his grandfather's will to inherit land upon his mother's passing, legally sign over life estate rights to someone else before actually inheriting the land from his mother?
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answered on Mar 25, 2025
If the Will was probated then apparently he is vested with a life estate after his Mother dies. But you need a NC lawyer to examine this closely, and search the title, as the Estates, especially contingent future interests, may not be as you think. So if his Estate is as you state, he can... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
The process by which the title to all community, and separate property, if any, gets transferred to the intestate heirs (no Will) is by a succession in the Parish where your Mother lived/was domiciled. For community property, the surviving spouse receives a legal usufruct and the children receive... View More
My mother recently passed away without leaving a will. Her husband of 30 years has been driving her vehicle, which is solely in her name. How can he transfer the title to his name? My mother was also survived by her three children, of whom he is not the father, and no probate proceedings have been... View More
answered on Mar 25, 2025
My recommendation is that her husband go to a local Office of Motor Vehicles and ask what is needed. The general rule is as attorney Tournet stated----transfer via succession/probate proceeding. That said, I believe the State and Office of Motor Vehicles has a procedure for transfer without a... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
This is a tough one, but you have a couple of options. You can file a Petition for Probate and allege that your father died intestate (with no will), since you haven't seen the original will. If there is no original will, then the Court will presume that the will has been lost.... View More
My sister, who was the executor of my father's estate, has failed to register his will and did not go through probate. She has taken over a million dollars' worth of assets from my inheritance, including antiques from 8 storage units, properties, money, and the contents of a safety... View More
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answered on Mar 25, 2025
You indicated that probate has not been opened yet. You should immediately retain an attorney and open probate and seek to have yourself appointed as the administrator of the estate (alleging no will). This will enable you to gain immediate control over the estate. Once you obtain the... View More
I want to sue my brother, who is the executor of our mother's estate, to sell our mother's vacant house. Myself and my other two siblings agree to the sale, but our fourth sibling, who lived in the house, is now using estate funds to pay for utilities and expenses that will be divided... View More
answered on Mar 24, 2025
I recommend that you (and the siblings in agreement with you) consult with a probate attorney or 2 of your choice to discuss your concerns and desires as to this situation-----after said consult, y'all can then decide the best way to proceed----whether it is to have your brother pay your fair... View More
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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answered on Mar 23, 2025
You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More
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answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More
answered on Mar 23, 2025
I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More
answered on Mar 22, 2025
You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More
answered on Mar 23, 2025
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More
My father was a Bangladeshi citizen by birth but later became a US citizen through naturalization. He passed away in the USA and left behind real estate, land properties, and bank accounts in Bangladesh. He has minor children who are US citizens. There is no will, and legal proceedings have been... View More
answered on Mar 22, 2025
His overseas assets will be distributed according to the law of the country where those assets are located. Therefore, you will need to locate a lawyer in that country and open an estate there to pass ownership to his children, assuming that is who inherits under the laws of Bangladesh.
I am the last surviving child and my mom passed away without a will. I am currently living in her single mobile home on 1.5 acres in Mobile, Alabama, and I am paying the mortgage monthly. My mom's name is on the mortgage and property title, and no other family members have any claim to her... View More
answered on Mar 21, 2025
When someone dies without a will, the estate is settled through the laws of intestate succession. If you were an only child, you are the sole heir if your mother died without a husband. You need a Mobile attorney to help you. The attorney would draft for you a Petition for Letters of... View More
I inherited a Florida homestead legally through probate court in 2024. I was already residing in the home with my mother before she passed away, and this is my permanent residence. However, the homestead property tax exemption was removed because the property appraiser claimed I did not own the... View More
answered on Mar 21, 2025
If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More
My father passed away in 2018 while living in Panama City, Florida. There is no record of a will or probate case. I recently discovered that he has unclaimed property (a checking account) listed with the Florida unclaimed property division. I live in California, and I have one brother—there are... View More
answered on Mar 21, 2025
Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will... View More
In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?
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answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More
Who currently owns the assets of my deceased mother's irrevocable trust, which includes a residential property and a rental property, established in Tennessee? The trust names three qualified beneficiaries. One of them acts as the sole trustee and has taken responsibility for maintenance,... View More
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answered on Mar 20, 2025
It is very possible that the Settlor's death is irrelevant to the Trust, such that the Probate Estate does not include Trust Corpus. The Trust probably continues in existence, since most irrevocable trusts are declared so they continue past the grantor's life.
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