More than likely yes both spouses will need to go through probate. Generally the cost is actually more to do two simultaneous probates than if you had done them when the death happened. The passage of time causes a variety of complications. You should seek out a consultation to go over the exact...Read more »
My husband bought our house in his name prior to us getting married. We have not added my name because we want to use my name to qualify for fha loan. Will keep home so investment property shen we eventually buy new home. As the wife, even without my name on the property, do I have rights to it in... Read more »
That is a common question. If your husband died, the house would pass through his estate. If he has a will that says you get all of his assets, you would get the house after the Probate process is complete. If he does not have a will, the house and all other assets will pass to his heirs at law....Read more »
I am sorry to hear of the loss of your husband. Regarding his debts, in particular medical bills, it depends. Generally speaking, debts in the sole name of the deceased individual are only the responsibility of the decedent's estate, not surviving family. This means, any probate assets he owned,...Read more »
An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I personally...Read more »
Most states require notice to all heirs (relatives who would inherit property if the decedent died without a will) if there is an application to admit a will to probate. That doesn't happen until after death. But nowadays, a lot of assets pass outside of probate, by joint account or beneficiary...Read more »
It’s been over 2 years. Executor is stepfather who still lives in condo. Condo was in my mother’s name only no mortgage. He and I are beneficiaries. He waited 9 months to put on market and has not dropped the price accordingly. I am losing my own home due to this delay of asset distribution.... Read more »
It would make sense to hire an attorney or at the very least write a letter to the Probate Court. You are in a tough situation that is not black and white. Generally the court is ok with someone staying in the home for about 6 months. After that it becomes rather inappropriate. As to the split of...Read more »
You can do whatever you want to do. However, technically you need to file a claim against his estate. If you do not file the claim following a very specific set of rules your request for money can legally be denied. Generally the claim must be sent to his executor (which is published in the...Read more »
Several natural person (relatives of deceased) are income beneficiaries of testamenary trusts, and a charity is the remainder beneficiary after all income beneficiaries are dead. The relatives want to approach the charity (AG office) to sugggest a Mutual Distribution Agreement.
The attorney should be the first one you discuss it with. You may ultimately need an attorney as a beneficiary as well. In order to get that MDA approved everyone and the Probate Judge would need to be in agreement.
No. The Executor or Trustee would represent the grantors intent to the extent it is allowed. The AG would represent potentially the charity and definitely the public's interest. Intent is somewhat irrelevant to the AG in this context.
This issue is quite complex. Your question does not provide enough information to fully answer it. Feel free to give my office a call and schedule a consultation and we can discuss this in more detail. 203.446.4725.
Reading between the lines. It sounds like someone died in GA and chose to...Read more »
to his ownership of properties and distribution at death. He does not have a will and his name is not on the deeds anymore (unsure why removed) but the plan was they quit claim it back to him at 50%. He recently changed his mind. Is there anything his child can do legally to get this back as I... Read more »
Our grandmother died in 2003, having previously (1988) signed a Quit-Claim Deed giving her house to my brother, reserving life use for herself. She had no assets when she passed other than the 'life use' clause; we neglected to probate her will (out of ignorance) and now cannot locate the will.... Read more »
Unfortunately the only way to get rid of the life use is to probate your grandmother's estate. An estate tax return reflecting the full value of the property needs to be filed with the probate court and a certificate releasing the estate tax be issued and recorded. This terminates the life use...Read more »
my father passed away in 1976 without a will. My mother stayed with the home and raised us in.. she recently sold the home . my question is are me and my siblings entitled to any monies from her selling the house.
The answer depends on how she owned the home. Most likely, she and your father owned the home as Joint Tenants with Right of Survivorship. This would mean that both of them owned the entire interest in the property equally and entirely, so when your father died, she would have remained as the...Read more »
Should I enter the amount he received for the month of his death or do I need to figure out the total amount he has received since his retirement in 1999? There is a survivor monthly benefit which I receive for as long as I live. There was never a lump sum payment received with this pension.
This is actually a pretty complicated question. Both options you have suggested are the wrong answer. You should meet with an attorney to discuss the options and the pros and cons of classification. From my perspective their are three options:
1. It is not listed as the type of account...Read more »
I don't believe you need to prove your domicile for change of name. Besides completing the required forms, you must provide your birth certificate and two forms of identification, one of which will likely be your driver's license which shows the town you live in. Domicile is mostly just to make...Read more »
The attorney does not set the probate fee. The probate fee is set by that laws of the state of Connecticut. They are assessed based on the value of the estate that was reported to the court. If you are referring to the attorney's legal fee, if this fee was agreed upon by you (or whomever is the...Read more »
co-executors, They have about $10000 in the bank, a reverse mortgage (we don't want the house) and an ira worth about $30000 which we are both named as beneficiaries. We both don't want to be executors or do any probate filings or notifying anyone of anything. Are we legally required to?
Yes you are. There will be no way to get those assets (house and bank account) out of their name (besides the IRA) without going through the Probate Court. It is required that you file the proper forms and pay any fees due. If you fraudulently transfer any of these assets (besides the IRA) to...Read more »
If it has been 2 years and nothing has been processed properly through the Court, I would recommend writing the Court and asking for a status conference. If granted, the Judge will ask the Executor (your sister) to file an update on why the estate hasn't been finalized. They may even hold a hearing...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.