Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already played for... Read more »
Any authority you had as power of attorney terminated at the time your brother died. Unfortunately, this case demonstrates why everyone should have a will. Without a will (called "intestate") means that people you may not want to receive your assets will inherit. Unless you've affirmatively... Read more »
Hire a probate attorney near where your father last resided to help you open a probate and petition to have yourself appointed as the personal representative of your father's estate. You can then ask the judge to order your brother to turn over all of your father's assets to be distributed... Read more »
Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »
Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... Read more »
Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom
Condolences. But this has nothing to do with Florida law. You need to ask your question in Justia › Ask a Lawyer › Puerto Rico › Probate ›.
Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom
You need to see a probate attorney in your area. If your father did not leave a will then the assets may be split between you and his surviving wife. If there was a will there will might be a different split of property.
he will not add me using my name, currently use. asked me to change name back to birth name, which I will not do(40 years of current name). would I need my original birth certificate in order to obtain the benefits of his will/estate? both my mother and adoptive father(whose name I took) are... Read more »
Getting a copy of your birth certificate will not help. Unless you are listed in your biological father's current will as a beneficiary, and unless the will is probated, you will not be able to get anything from his estate after he dies.
Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.
Dementia is a spectrum.... Read more »
Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.
Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.
Alabama I cant leave the state and my wife cant live state how can we get this done my mom or my girlfriend has agreed to go get him if that will work
What has this got to do with probate which is estates and guardianships, try re posting under a criminal law topic
I really cant got to Florida I just started this new job but I could send my mom or my girlfriend to pick him up if need be and she cant leave Florida bc she is on probation so we really need to get this solved as to how we can do this
This has nothing to do with probate (That would be disposition of property belonging to deceased people.), but is a matter of criminal law.
So your son is here in Florida, wants to leave Florida to live with you (rather than a "she" (perhaps the son's mother?) who is also on Florida... Read more »
I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?
In whatever state you are living with your parents you need to go see an estate planning attorney. They can help with the documents that you need for yourself and your parents.
to real estate, could her home, my stepfathers 1/3 life estate, be sold to cover her debts? Please advise.
Hello: Looks like you'll want to pose this question to the Arkansas section. These rules, if they exist, are state specific.
It is the trustee's job to find the beneficiaries. Beneficiaries to a trust or will can be located anywhere, they are still beneficiaries and need to receive notice. There are companies that do heir searches, in addition to search engines on the internet, relatives may know the whereabouts of the... Read more »
My grandmother only son was not named on will from grandfather. His wishes was house go’s to wife and if something happens to her then it goes to three grandchildren whom they Raised together. But son of my grandmother took her somewhere to put him as next to receive home... I found a copy of the... Read more »
It sounds like your grandfather's will was written to provide that the house was to go to his wife if she survived him, otherwise to his grandchildren, and that's what happened. Once his wife inherited the house she could leave it in her will to whomever she wished. If your grandfather had... Read more »
My fathers mother passed away a few months ago. There are six siblings in all. They do not all agree on how the land with the home is to be divided. The will states that all assets are to be divided equally (only asset is the land and family home). One of the brothers had the land surveyed and... Read more »
The short answer is maybe. There are generally two options when co-owners are partitioning or being subjected to partition of land: (a) in kind (what has been proposed by the surveying sibling); or (b) by sale and dividing the proceeds. If one of the siblings files a suit or demand for... Read more »
My brother passed away he did not leave a will, he has no assets. Unfortunately he died 4 days before the contestable period ended for his life insurance policy. I am his beneficiary. The insurance company is asking for a Legal Representative form from me. How do I obtain this form? The... Read more »
You should schedule a consultation with a local estate attorney to look at what documents you have and review your situation.
The one who died is my brother
and his wife also died long ago.
They have 4 adult children.
The 96 year old, my sister, lives in the condo in North Carolina.
Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »
Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »
My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants.... Read more »
Hi, he may have a claim, but you may have one too. You should meet with a Florida Probate attorney to examine the dates and facts to determine your rights and actions you must take.
If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »
At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.
Other issue is whether there was fraud on the court as far as the probate... Read more »
I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the last year 2 agreed,... Read more »
The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.
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