All assets were joint or designated via trust. Probate charged base fee plus .5% of taxable estate.
Yes, even though the court doesn't do much, when the tax return is filed to clear any possible lien on the property, the court will assess the probate fee.
I went and got a copy of my dads probate papers. They said both my brother and my name on papers. The estate said there was $30,990. My brother paid my dads furneral $13,000. He kept the balance for himself. He was suppose to split with me. Like I said he passed away a month ago. I didn't know... Read more »
Yes, you have a claim against your brother's estate. Probate court where you father died should have copies of the various filings in your father's estate. They should show the amount you were entitled to and then you'd have to prove he kept that money and didn't pay it out to... Read more »
My husband was the executor of the estate, however he was unable to continue, as he became ill. Then, his sister became the executor of estate. Both parents and all siblings were named beneficiaries to the estate. There has been a wrongful death lawsuit going on and is now in the process of... Read more »
First, my heart goes out to you in this difficult time.
Now to answer the question. You and/or your daughter should be entitled to your husband's share of his brother's estate. Your husband was alive at the time of his brother's death, so he (or in this case his estate)... Read more »
decease spouses name
You file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances. Also some assets may have a beneficiary already listed, or may be jointly held. In those cases you need to file forms with the... Read more »
To her estate situation since she passed away?
There are not quite enough facts to answer this question. There are enough facts to let you know that you should reach out to a lawyer. These types of things can be a bit more complicated than a message board can fully explain.
Probably yes. There are a few other factors that may matter but having three witnesses means its valid even if one is disqualified. Hope this helps.
do i have sole ownership as tenant in common?
If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... Read more »
What is the next step before money will be released
Thank you
The final step before releasing funds would usually be when the executor files a Final Account with the Probate Court. The probate process can in many cases take over a year. Let me know if you have any additional questions.
Of will
What is the next step my brother in law is the executor are there any other forms to be signed
Thank you
The next step is your brother has to gather all assets and report them to the court. Ultimately probate is a very public process but there are lots of items that can be confusing. If you want to give me a call I would be happy to give you a no charge full consult on whether or not you will need... Read more »
EDIT: If the answer doesn't include anything related to the process and just says HIRE A LAWYER, dont bother
You need to hire a lawyer where your father died and seek to be appointed the administrator. This will give you the power to act regarding your father's estate.
Less risk of the client stealing or losing the money. Lawyers tend to have better record keeping. That being said if the client was say a trained accountant there would be very little benefit. The probate code generally assumes the Executor or Administrator holds the money. Lawyers are holding it... Read more »
Question is targeting the 5+ months that the money is being held (in escrow?) during probate.
The Executor should control the money. They are legally responsible for the funds. Sometimes lawyers do hold money in their client fund accounts but the actual obligation is on the Executor. Bonus of the lawyer holding the funds is you have other state protections and potentially the lawyers... Read more »
It would make sense to schedule a meeting with a probate attorney to discuss all the next steps. You could attempt to navigate the probate process yourself without an attorney. If you attempt that route, you should reach out to the local probate court who can provide you necessary forms etc.... Read more »
I live in my fathers house. He moved to NC. I've been here 5 years+. He was paying the mortgage and insurance until he passed. Now, because I live here is it fully my responsibility to pay these funds during probate? There are 4 heirs.
The answer depends on who is going to inherit the house. It is they who need to pay the carrying costs. If they don’t pay those expenses out of pocket the estate can advance them if the estate has the liquidity to do so, but eventually they get charged to whoever inherits the house.
Conservator fabricated paperwork and made it seem like I didn't exist and had a invalid will made for her own financial gain. He had $189,000.00 at time of death, all Bill's were paid and the state is in possession of $92,000.00 left. I've wrote letters to the courts but can't... Read more »
If you have no money to pay an attorney up front, you might want to see if you can find an attorney that believes the case will be successful and may take your case on a contingency basis. If an attorney does not think any money will be recovered, they may not take the case, or may require up front... Read more »
My mother had other siblings that are named along with her. Her brother was of sound mind and knew my mother died over 20 years ago. My mother had a husband at the time of her death. Is he entitled? Thanks
My guess is that her brother's siblings would inherit before you unless the will states otherwise. Sometimes, wills state that if a sibling is deceased, that person's heirs get their share.
My daughters father passes, his mother became executor at probate court here in CT. I recieved the proof of what money he had, what amount his mother was to be reimbursed and then for the remainder to be sent to my daughter. She has not sent it and probate court says they can not do anything else.... Read more »
It appears that you may not understand the probate process and that is okay. If your daughter is the beneficiary/heir to a sum of money she must be given the money. The probate court is the ultimate court of relief and has the power to make sure this happens. That is what the probate court is for.... Read more »
The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... Read more »
Short answer is yes you should get an attorney. There are a lot of variables that can define what the next steps will be. Generally since the State of Connecticut is asking you questions that means you need to consider carefully answering their questions. It does not sound like you did anything... Read more »
The car was totalled and now thats she is gone the state wants to know where the money is no one has it bc it was spent on odds and ends for her as well as past car taxes the check did come in my name bc i was on there as a co owner just wondering what can happen and if i should get an attorny also... Read more »
Do your best to account for how the money was spent and you should be fine. When it comes to special needs trusts you need to save receipts for everything. Hopefully the money was all spent on your mother’s needs.
Can someone probate someone else's property ? The names are similar except the middle name. My husband is alive and well and is the owner of the property. How can this happen and what are the processes to remedy this huge problem ? Thank you.
Start by contacting the attorney handling he probate and point out the error. Start with a phone call and follow up with a letter. Have an attorney review the response to ensure it is sufficient and satisfactory.
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