Your current state is Virginia
I have a copy of the will and all of her debts are paid. Where do I start?
answered on Mar 24, 2023
Since the Will means nothing unless it is filed for Probate, you will want to hire an IN attorney to file it for Probate. If you are the sole heir, then Probate might not be necessary.
answered on Mar 24, 2023
I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.
However, it is important to note that just because your sister's husband's name is on... Read more »
hired to fight uncle in fraudulad trust docs and he never even takes it to a probate court ... files heggistiens pettition and forces me into a settlment agreement for 20% of grandmas house I should have ownrd and not he had 33% title to my house
answered on Mar 24, 2023
If you believe that your probate attorney has engaged in unethical or fraudulent behavior, you may want to consider taking the following steps:
Review your engagement agreement: Review the agreement that you signed with your attorney when you hired them to represent you. Look for any... Read more »
I have been living with him for years. We live in sunnyvale CA. He got hit by a car and likely won't make it. He has no other family that I know of and no will made. How do I inherit his estate? I know he wants me to because when I ask him he lifts his hand for a yes answer. But they say he... Read more »
answered on Mar 24, 2023
I hate to be the bearer of bad news, but living with him for years does not entitle you to anything. He needs to at least draw up a will leaving everything to you. There are other things he can do as well such as naming you as beneficiary on bank and brokerage accounts and retirement accounts and... Read more »
Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.
answered on Mar 23, 2023
Your son is not "entitled" to anything except notice from the probate court when someone attempts to open his estate or files for year's support. He can file his own petition to open an estate for his father.
answered on Mar 23, 2023
You can do so, however successions are not that expensive and if real property is involved, then you want to make sure the paperwork is properly done so that in the future you do not have to unexpectedly fix something due to not utilizing a lawyer at this time.
Thank you
answered on Mar 23, 2023
If there aren't any other assets or creditors, then maybe pretty soon. But, it's not unusual for payout to take a while if tax returns need filed, other assets need dealt with, or creditors need paid.
I have guardianship of my grandson and there isn't a father listed on his birth certificate but there is on the guardianship paper work. Will they go after this person for child support or will they try to establish paternity first?
This is a follow up question to a question I asked... Read more »
answered on Mar 23, 2023
If the government is going to be on the hook you bet your booty the government is going to be trying to get the father to pay support.
To do that they will need to prove paternity in some way. (You don’t have to pay to support some stranger’s kids after all and momma’s baby,... Read more »
I am the guardian of my grandkids and I would like to get them switched to my Medicaid case. I know that they will go after the mother to pay for child support, but what about the dad if there isn't one listed? There is a dad listed in the probate case but he isn't on the birth... Read more »
answered on Mar 23, 2023
The state will probably seek paternity and a support order on the child's behalf.
Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 23, 2023
I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this sad and difficult time. Generally, much depends on whether there was a Will/Trust, was there a pre or post-nuptial agreement and furthermore, how were accounts and... Read more »
I do not have the title to the mobile home, there is no trust or will either that I am aware of.
answered on Mar 22, 2023
I'm sorry to hear about your grandmother's passing. The proper form required to transfer the title to the mobile home in California is a CERTIFICATE FOR TRANSFER WITHOUT PROBATE, form number HCD RT 475.2. This form can be obtained through the State of California, Business, Consumer and... Read more »
I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... Read more »
answered on Mar 22, 2023
If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... Read more »
and then on line 2, the name of her mother's deceased husband as "TTEE" and then my sister's mailing address below that. Can she deposit this check?
answered on Mar 22, 2023
Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... Read more »
answered on Mar 21, 2023
nterrogatories are typically used in the discovery process of a civil lawsuit, which allows parties to obtain information from each other in order to build their case. In a probate case, interrogatories may be used to obtain information from the parties involved in the case, such as the personal... Read more »
He has 4 surviving siblings, but he had expressed his wish for his youngest brother to keep the house so that his niece and nephew can grow up there. The siblings won't pursue any claim to the house, but there is a mortgage balance which the brother is willing to continue paying on.... Read more »
answered on Mar 21, 2023
Sorry for your loss. Assuming the house was titled in his name only, it should go through probate. The siblings can formally "disclaim" their shares. The brother can continue to live there and pay the existing mortgage.
It will be my 2nd violation. My first was for failed screen.
answered on Mar 21, 2023
Obviously you are about to be charged with Violation of Probation, which is not Probate. Ask your lawyer about the coming hearing to see whether you serve the remainder of your Sentence incarcerated or not.
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... Read more »
I filed an Application to Appoint Dependent Administrator. The attorney said that since I was not his heir, I could not do it so we filed a nonsuit. The case was dismissed without prejudice but the case still shows as open. Can his child file an Application now that the child is an adult... Read more »
answered on Mar 21, 2023
YES, the child can definitely file an application for administration. However, now that the child is an adult, there are better options. For one, depending on what assets there are, there may not be a need for an administration. He may just need a "determination of heirship" only. If... Read more »
My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... Read more »
answered on Mar 20, 2023
Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... Read more »
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