My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... Read more »
answered on Jan 3, 2023
Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... Read more »
Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... Read more »
answered on Jan 1, 2023
Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.
What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?
answered on Nov 21, 2022
You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.
Probate said I need to get all his biological children over 18 to sign off on it but his 3 older ones won't saying they would be signing their rights away to my house. But deed states that if either of us dies first house goes to surviving spouse. Do they have right to my house in my passing... Read more »
answered on Nov 13, 2022
They have no right to you house as it passed to you pursuant to the deed. Ask if you can do a dispense with administration. If not, you will have to file to open probate and get appointed administratrix in order to sell the bike. In any event, his adult children probably get nothing.
I have not received any documents saying it was. The only thing I know is a formal accounting was filed. Does that mean it’s formal?
answered on Nov 8, 2022
There is no formal probate or informal probate. Those terms apply to the final settlement only. Go to your district court clerks office and ask for a copy of the settlement. Informal basically means that everyone waived a formal account and formal means they didn’t so all supporting... Read more »
4 siblings, oldest has control over estate.
answered on Oct 27, 2022
Depends on the value of the house but most likely the answer is no tax due.
Is it legal to chane the wills now,after her death?
Thank you in advance for your response
answered on Oct 24, 2022
He can always execute a new Will, but disappointed legatees/devisees might contest the Will when Probated. The argument is a mutual will under contract, but it is hard to prove and win on. It can also be hard to effectively revoke the existing document, if he does not have possession of it.
My father passed away in 2020 living myself and my two sisters as beneficiaries. During the probate process all his assets were divided out between us and the real estate was stated that we all three own it. Last week my sister's put the real estate up for sale without my knowledge. I do not... Read more »
answered on Aug 2, 2022
They cannot sell without your signature. However, if you refuse to cooperate, they can bring a partition action against you to force a sale, and that will be very expensive, and the court fees and costs will come off the top or might even possibly be charged to you.
My 10 year olds dad was killed in a car accident, his brother and mother have taken over the estate (we are in different states and weren't married) and had him creamted, and have told me they will not give any of my daughters dad's ashes to her. I have filed petetion for head of estate... Read more »
answered on Jul 28, 2022
You’ll have to file a lawsuit against the family and the estate regarding the ashes, but certainly nothing is going to be accomplished by 7/30/22. I am not sure it would be worth the cost of filing suit, but that is certainly your decision.
A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... Read more »
answered on May 3, 2023
If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.
My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... Read more »
answered on Apr 17, 2023
You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.
What's next on getting the deed changed as well as the title to vehicles changed over. Do I have control and rights to get this done now.
answered on Apr 17, 2023
No. The dispense wil not get the deed changed or the car titles changed. You will have to get yourself appointed administrator to be able to execute those documents.
Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?
answered on Mar 15, 2023
You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.
The car is paid for, & she was the sole owner with no spouse or children or will.
answered on Feb 26, 2023
You will have to file the full probate as a dispense with administration is not available to a niece. Sorry for the bad news.
Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.
answered on Feb 14, 2023
You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.
answered on Jan 24, 2023
You are not an executor or executrix unless snd until appointed by the court. Whether it’s worth filing for probate depends on the assets and property of the estate. Consular an estate planning or probate lawyer to determine whether you should or must open probate.
I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... Read more »
answered on Jan 16, 2023
You need a local attorney who has access to all the necessary information.
There are 4 siblings, sister executor, my sister and I are the only ones who worked to update house, in hopes of fast sell. Sister promised me 1/2 of executor payment for doing the updates. Now I found there is no mention of executor getting extra, in the will. How can I make sure I get paid for... Read more »
answered on Jan 16, 2023
File a proof of claim in the probate case with receipts and itemizations for all the work you did and all the materials you bought.
distributed to heirs?? Will the court come after the administrator??
answered on Jan 16, 2023
Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..
My question is what steps do I need to do to receive my check now? I am an heir and not the executor. Is there a time limit for me to get it? And if I ask now for it and don’t receive it, then what is my next step to get it? Thank you
answered on Dec 8, 2022
You should receive your check two to four weeks after final approval of the order.
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