Generally, you would not need the probate court involved with use of an affidavit of small estate, but in small estates that involve vehicles, Maine's Bureau of Motor Vehicles requires a form, a $33, and a "statement from the probate court that shows no will has been probated." FMI,... View More

The title company is going to want either a release of lien filed by the personal representative of the estate of the individual lender, or a court order declaring the lien paid/satisfied/released. For a court order, you are going to have to file an action to quiet title. If you cannot wait to... View More

Mortgage liens are not considered “satisfied” unless either a formal Release is filed or more than 12 years have passed since the maturity date. While it is possible to file a lawsuit to “quiet title” when it is impossible to get a release, there is also a much easier legal mechanism that... View More

Your legal assumptions are wrong. The lien has not disappeared. The title company and its insurance underwriter may require that someone open an estate for the deceased individual. On the date he died, the loan became "property of the probate estate." You still owe, you just don't... View More

As soon as you turn 18 years of age, you should immediately file a lawsuit rescinding whatever paper you signed on the ground that you were not of the age of majority when you signed it. Alternatively, a parent or legal guardian can file such a lawsuit now even though you are under 18 years of... View More

The Trust will need to be reviewed by an estate planning probate attorney, then based on the terms of the trust and terms of the POA that also needs to be reviewed, action may be able to be taken in accordance with the Trust terms, otherwise some version/s of probate may be required based on... View More

As other lawyers mentioned, any property titled in your dad’s name will usually need to go through probate. The probate process in Maryland can take a full year (sometimes longer). That said, sometimes co-ownership has automatic rights of survivorship, which does NOT need to go through... View More

First, you need to know how the property is titled. There are two options: (1) joint tenants with right of survival; or (2) tenants in common. A lawyer can look up the deed in the online Land Records database to determine how the property is titled. It must specifically state tenants in common if... View More

Sadly, you have no rights to his estate as an EX-wife. The estate of those who die intestate (without a will) is governed by R.C. Section 2105.06, the Statute of descent and distribution. it states that "(A) If there is no surviving spouse, to the children of the intestate or their lineal... View More

There may be some other facts that you have not included in your short question, but assuming that you are an only child, since there is no will you will have to open an estate (intestacy / administration) so that you have the legal authority to get control of the property, any bank accounts or... View More

I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. If letters of administration are required, then it is likely that some version of probate will be required if you want to secure and access those funds.... View More

Keith Edmiston Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2025

This response assumes that only your father was on the deed when he passed.

THE LAW, GENERALLY. When a person dies without leaving a will (dies "intestate"), the distribution of the deceased's property is governed by statute ("intestate succession"). In... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2025

Hire a lawyer to search the title and determine heirship. If you are the sole heir, then file an unlawful detainer warrant against the stepsister. But you may have to file an ejectment action which is very expensive. Do not waste time here. Paying the note and taxes does not give them title,... View More

In what county is this property? Is it the same county where they both lived? Alabama requires an administrator of an estate, for which the deceased left no will, to be a resident of Alabama. One of your late brother's children, or your niece, if he or she lives in Alabama, would be the... View More

People who pass away owning $208,000 in non-real estate assets and/or who live in real estate they own that’s valued at more than $700,000 must have the assets reviewed and distribution to heirs approved by the probate court. There are some exceptions, so you should meet with an attorney to go... View More

You will want to speak with a Florida Estate Planning Attorney and they can help you with your Will and or any Trust you want to create for charitable purposes. You can also address things such as a living will, power of attorney, Florida Healthcare Surrogate, HIPAA Waiver, pre-need nomination of... View More

It depends a LOT on how the deed was written ( you can be ‘on’ a deed but NOT be a beneficiary as a survivor!) whether or not a divorce/separation order applies and more.

Without seeing all the documents it is impossible to know exactly what is going on. I guess the question becomes... View More

Creditors can collect a Decedent's debts from the Decedent's estate. If the home is part of the Decedent's estate, then the creditors can collect their debts from the proceeds from a sale of the home. In order for the debts to be effective against the Estate, the creditor has to... View More

In Arkansas, if the home is still titled in your mother’s trust, you don’t yet own the real estate itself—you own a beneficial interest in the trust. You can legally transfer that interest to your common-law wife by signing an Assignment of Beneficial Interest in Trust, which identifies the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 20, 2025

Apparently you want the Trustee to interpret the distribution terms of the Trust to only include certain Beneficiaries. Hire a FL attorney to to read the Trust and determine the actual beneficiaries, then file suit against the Trustee and all interested parties for a Trust Construction which... View More