Trent Harris' answer It sounds like your sister has been appointed personal representative of the estate. Whether your sister can sell the house depends on how the house was owned by you and your deceased mother, whether it was joint tenants with right of survivorship, or whether it was tenants in common. If it was tenants in common, then the house is an asset of your mother’s estate now. Without more information, it’s hard to help you further. You should talk to an attorney to find out more.
William James LaLima's answer It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.
Anthony Marvin Avery's answer You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come...
Peter H. Westby's answer This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.
P. Justin Thrailkill's answer The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.
If a Will exists, it should be submitted to the clerk of the court in the county where your mom lived within 10 days. If your sisters are unwilling or unable to pursue probate, then you may want to step up and get a probate attorney and pursue becoming the named personal representative. While you are correct that an estate should not be handled in the manner that it currently appears to be getting...
Anthony Marvin Avery's answer The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.
Noel Rivers' answer If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the executor removed and ask the court to appoint somebody else as the executor.
Timothy Denison's answer Depends on several factors, such as judge, prosecutor, severity of new charges, resolution of new charges, probation officer, etc! Generally lighter on first time violators that repeat.
Lauren Nagel Richardson's answer You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the...
John B. Palley's answer Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.
IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...
H. Scott Aalsberg Esq.'s answer In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an attorney walk you through the process.
Answered on Apr 12, 2019
Tammy Lyn Wincott's answer If he never probated, you may need to file a show cause action in the appropriate jurisdiction. You would be demanding he appear in court and explain why the will was never probated.
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