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In 2018, my mother passed away, and I recently discovered in April 2025 that she and her granddaughter falsely claimed I was deceased in her will and estate documents. As a result, I was not named in the will, and my mother stated she had no children. The estate has already been probated and... View More 
answered on Apr 11, 2025
When was the estate opened? When did you become aware there was an estate opened? When was the estate closed? 2018 is 7 years ago. If the estate is now closed for several years, and if you knew that your mother had passed away and that an estate was opened before the estate closed, then you... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
If your uncle is unwilling or unable to sign a will, power of attorney, or medical directive, your options are limited. If he is unwilling to do so, you have no choice other than to abide by those wishes. If he is unable to, you can apply for guardianship/conservatorship over him to assist with... View More
I have an uncle in California who is actively dying and has no will or trust, no children, and we are his only living relatives. He has a bank account and CDs, but he has not expressed his wishes regarding his estate. There is no designated executor or power of attorney, nor do I have legal... View More
answered on Apr 11, 2025
I’m sorry to hear about your uncle’s health declining.
No one can get a power of attorney, or set up a will or trust for another person without their consent. For ethical reasons, he would need to be the person who tells the lawyer what he wants, if anything. Some people don’t want... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
An affidavit of death will not accomplish your goal. You need to record an updated certification of trust explaining that the former trustee has passed and you are now the trustee. It needs to be in recordable form of course and might also include the legal description and parcel number of the... View More
My father had a revocable trust in California, which specifies that my siblings and I are to split the proceeds from the sale of his house evenly. I have been named as the trustee in the trust document. After obtaining the death certificate, can I use a document processing service to file the... View More
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answered on Apr 11, 2025
Yes, you can use a document preparation service to help file the required paperwork and sell the home as trustee, as long as the situation is straightforward and there are no disputes. You are not legally required to hire an attorney, though one-time legal advice may still be helpful.
Your... View More
My grandmother passed away in 2023. She had a life insurance policy with Ohama Liberty for $75,000, intended to benefit her grandchildren. I'm her granddaughter, and while my older sister was adopted by my grandparents, my mother only helped towards my grandmother's last days. I am unsure... View More
answered on Apr 10, 2025
A Nevada attorney could advise best, but your question remains open for two weeks. I'm sorry about the loss of your grandmother. It sounds like your grandmother took out a policy with Mutual of Omaha. If you're getting nowhere, one option, before spending money on attorneys, could be to... View More
My father's will stated that everything he owned was to be equally divided among the beneficiaries, except for the properties he had previously given when he acted as power of attorney years ago. These properties were legally transferred before his passing, but there is disagreement among the... View More
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answered on Apr 10, 2025
If testator did not own property at his death then it does not go through his will. People who claim interests in the lands can file suit for ejectment, quiet title, etc., with the testator's devisees as defendants. If will is probated, a motion to construe unclear devises can be made by... View More
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More
answered on Apr 10, 2025
A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I am inquiring about the process of obtaining Letters of Administration for an estate in New Jersey, valued at over $5 million. The heirs, three siblings, agree to appoint one of them as the Administrator. Can this be done pro se, or is it necessary to have an attorney represent us?
answered on Apr 10, 2025
An administrator is appointed by the probate court / surrogates office based on who is the Executor of the Will. You don't pick one. If no will exists and you have 5 million dollar estate you have a gigantic problem. Either way you should have a lawyer.
I'm dealing with an estate proceeding in South Carolina where three different lawyers from the same law group have consecutively handled my case without notifications when the changeovers occurred. They've been charging an hourly rate directly from the estate itself. I'm concerned... View More
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answered on Apr 10, 2025
In South Carolina, individuals involved in legal disputes who have concerns about attorney conduct may wish to review the South Carolina Rules of Professional Conduct, particularly those relating to communication, fees, and competence. For example, Rule 1.5 addresses the requirement that attorney... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
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answered on Apr 10, 2025
There is no easy answer to your predicament. The classic solution is to obtain a new loan to pay the taxes, but you will not be able to do that without title to the property. To obtain title you will need the help of a probate attorney. You might try calling your local legal aid society to see if... View More
My parents passed away 5 years ago and owned a home in Riverside County, CA. My sister moved into the home, and I assumed they left it to her. Recently, my brother presented me with a signed and notarized document stating the home was left to me. After this, my sister moved out, and I moved in.... View More
answered on Apr 11, 2025
You need to file a petition for probate with the Riverside County Superior Court. Once you are appointed as administrator of your father's estate, you should be able to borrow money on behalf of the estate to pay the back taxes. You can also borrow as a beneficiary. Back taxes must be paid... View More
My parents both passed away and they had credit card debt, but there are no assets, estate, or will. I am not a joint account holder on any of their credit card accounts, and I have not received any requests from creditors yet. They lived in Kansas at the time of their passing. Do I have any... View More
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answered on Apr 10, 2025
You have no obligation to pay your parents’ credit card bills. Resist their attempts to convince you otherwise. If credit card companies want to be paid they must open a probate case then present their claims and then get paid out of estate assets. But first they will research whether there are... View More
My stepmother passed away on October 6, 2024, before finalizing her will. I moved in with her a year before she passed to take care of her and am still living on her property. The property was originally purchased by my mother and father, but my dad received it in their divorce. Before my dad... View More
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answered on Apr 9, 2025
If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the... View More
I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More
answered on Apr 9, 2025
The contract may be valid and enforceable. There are, however, an infinite number of things that may prevent the contract from running its course. Without reading the specific language and knowing the circumstances it is impossible to determine what may happen. If a family member were to post a... View More
I entered into an unrecorded contract for deed 10 months ago with my neighbor, who has since passed away. I've made payments according to the contract terms and have had contact with the estate's representatives. There is a written agreement, and I've requested documentation from the... View More
answered on Apr 9, 2025
Probably yes but the contracts status as unrecorded puts you in a precarious spot. You should consult with an attorney first, but there are a couple of things I would consider doing: It is crucial that, even though your neighbor has passed, you continue paying, or at least attempting to pay, your... View More
What form should the administrator provide to the four beneficiaries in order to waive the final accounting of an estate in San Bernardino County, California, given that all siblings are aware of the estate costs?
answered on Apr 8, 2025
There is no specific pre-printed form for a waiver of accounting in California. Likewise, the San Bernardino County Superior Court does not have a local form for waiver of accounting. However, San Joaquin County Superior Court does have a local form for Waiver of Accounting. You can download the... View More
I recently purchased property with another person in Pend Oreille County using an LPB #10 statutory warranty deed. We were not married, and the title does not indicate joint tenancy or other arrangements. Unfortunately, the co-owner passed away in an accident two months after the purchase. The tax... View More
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answered on Apr 8, 2025
You will need a WA attorney to search the title and determine ownership. But most likely a Court would find that you own a half and the other half is owned by the Deceased Heirs. A Partition Action may be appropriate if you do not buy out the other half interest.
My grandfather raised my granddaughter from birth, and she is now 18. He passed away without a will, leaving behind two adult daughters. He had expressed verbally that he wished to leave everything, including his house and car, to his granddaughter. Can she be included as a beneficiary in the... View More
answered on Apr 8, 2025
I’m sorry to say that, when people die without a will or trust, the law generally steps in and dictates who will inherit the assets. “Verbal wills” are not valid but, even if they were, it would be an uphill battle with everyone coming out of the woodworks saying their loved one “said... View More
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