Separate occasions that I would inherit the house and that he had a will. He also said he wanted my stepmother to live there until she dies. My dad passed away November 8, 2019. Now my stepmother says she can’t find the will. What should I do? Should I open probate or wait for her to die before I... Read more »
Wills do tend to "disappear" when the person in possession of it doesn't like what it says, but the person in possession does have a legal obligation to turn it over to the probate court. If you have ANY evidence that there was a will (a copy, someone who witnessed it being signed), you can...Read more »
It’s not necessary as long as you keep making the mortgage payments, but if you want to know the outstanding balance or want your monthly statements to be sent to another address, then yes, let the lender know of your parents death. Now, if you’re dealing with a reverse mortgage, the lender...Read more »
Yes. If you fail to pay the mortgage, you will lose the home to foreclosure. Death of a borrower does not trigger a due on sale clause. If you make the mortgage payments, keep track of them all and claim reimbursement from the estate when you can. Without a Will, the children will inherit the...Read more »
Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If...Read more »
The companies should not have placed the money into accounts for the children. You should file for a conservatorship and claim the money. You also should be getting social security checks for the children to replace the child support. You should seek the help of a lawyer with knowledge of these...Read more »
Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.
My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »
I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced...Read more »
I asked Atty probating husband's estate several times in writing about deceased daughter. Atty said deceased child wasn't an heir; did not inherit share equal to siblings. Despite my concerns Atty filed estate documents w/out incl. deceased child as an heir. Now Atty sent me deed from estate to... Read more »
If the daughter lived for 4 1/2 months after the father passed away then she is considered an heir at the time of his death because she was alive. At this point her share would belong to her estate or whomever it has been determined her estate belongs to. If there is a court probate proceeding...Read more »
My mother did a Contract for Deed on her house with my nephew. The house was paid for in 2014. The lawyer sent out the original deed to my mom's Personal Representative to get recorded. No one recalls ever receiving the original copy nor can anyone find it now. I have a copy of the signed... Read more »
The usual solution is the nephew needs to make a claim in your mother's probate case for distribution of your mother's share of the house to him. He will need to prove that there was a contract and it is now paid in full. It would be helpful to at least get a photocopy of the deed from the...Read more »
My dad has a will named his co executors as myself his dtr and his significant others dtr (they weren’t married). I want to follow my dads wishes and I feel like I have to hurry up and get everything done. She has done nothing other than sign documents to sell his house. I had to find the... Read more »
Where there co-executors it is not unusual for one of them to do most of the work. A co-executor can be removed by court order but I would not recommend spending estate assets for this procedure unless the co-executor's conduct is causing loss or damage to the estate. I recommend completing the...Read more »
I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.
No. After the heirs probate the estate and receive their distributions, they may sell the property. Or a creditor may probate the estate, file a claim, be reimbursed and, after all bills of the deceased and the estate are paid, distribute what remains to the heirs. Contact a local probate...Read more »
If your mom did not leave behind an estate plan; specifically a living trust, the estate will go through probate, assuming it carries an overall value in excess of $150,000. Whether probate is necessary however, does not change your rights. Without an estate plan, the estate passes via intestate...Read more »
While some people deposit their will with the local probate court, most do not. Most people die without a will. If you have thoroughly searched your father's home an if he did not have a safety deposit box in which he might have put it, chances are good that he had no will.
There is no time limit to close a probate. However, if the personal representative is not doing what they are supposed to (managing the assets, filing an inventory, filling accounting, etc) then you can file to have those things done and possibly;ly to have the personal representative removed.
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