Lillian J. LaRosa's answer Hello, it appears that you will need to file a Formal Petition for Appointment of Successor Personal Representative on your grandmother's estate and be appointed Successor unless there was an alternate to your mother named in grandmother's Will, in which case he or she can file for Successorship but will need your mother's death certificate also.
Elaine Shay's answer Yes, medical expenses can sometimes lead to Estate Recovery that may result in the need to sell a property. If your father was residing in Florida at the time of his passing, questions regarding his Estate should first be directed to a lawyer practicing in Florida.
Christie Tournet's answer The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...
Gerald Barry Dorfman's answer It depends on how title to the property is held. If you dad and his brother were "joint tenants", then your uncle now owns the property. If, on the other hand, they were "tenants in common", then your dad's half will pass to his heirs, after a probate proceeding.
Thomas A. Grossman's answer Verbal promises are as good as the paper they are drawn on (i.e. no good). However, if your agent failed to properly present documents to you, or instruct you as to signing them, you might want to contact the California Dept. of Real Estate about this agent. You can also enter his name on that website and check out his status and credentials. Agents are supposed to be honest and ethical. It sounds like he didn't live up to those standards.
Genene N. Dunn's answer This is tough to answer without seeing the documents, but essentially it seems like it probably is not a valid holographic will. It is a requirement of a holographic will to be in the decedent's handwriting. The fact that it is not in her handwriting alone might make it invalid.
Michael David Siegel's answer I am not sure what you are doing but just deal with the insurance company. The insurance company should issue the money. Leaving to a minor is never a good idea, but there is nothing you can do now. Why is CPS involved?
Answered on Aug 9, 2018
Wesley Winsor's answer No, if the title was held in the "A or B" fashion then it means that you owned it as a joint tenants. Joint tenancy carries with it a right of survivorship which means that upon the death of one joint tenant (your mom) you inherit the entire property (the car).
You will need to take the death certificate as well as an affidavit of survivorship with you to the DMV and you can get it retitled in your name only.
There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will, accepts to serve as that position. This does a couple of things, 1) it puts the future PR (personal representative) on notice that the willmaker wants him/her to serve and it also lets the willmaker know that the future PR is...
Ryan K Hodges' answer You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and to override the older will. Otherwise, your will will stand.
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