Some kind of probate process is ALWAYS required to change title to assets titled in the name of a decedent UNLESS an exception applies. Apparently you are expecting an exception to apply when the first parent dies, perhaps because the property is titled in their names as joint tenants with right...Read more »
How do I probate some stock certificates we came across in my aunt's name that she never transferred to her trust. Since the value is about $20k can I file a voluntary administration probate since that's all that is left to deal with? The rest of her assets were covered in the living trust. I am... Read more »
Yes, a Voluntary Statement should suffice. There is notice to the estate recovery unit and the form seeks asset information and whether there is a will, etc. You will also need a death certificate for filing and the filing fee.
The Personal Representative has an obligation to maximize the estate and not to self-deal, so she would need to demonstrate that whatever commission for her work as Personal Representative is worth the equivalent of half of the fair market value of the vehicle. If this is an expensive vehicle this...Read more »
We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death & she put most... Read more »
You really need to hire an attorney to help you with this. Even if he had a will that left everything to the girlfriend, you at least can make a claim for the unpaid child support. If he did not have a will then most likely his children should get everything.
My father passed away 3/2018, and the executor of my dad's estate is my estranged sister. So far, instead of contacting her, I have called the law office for the case to get updates. But for several months now, it appears that my sister has instructed them to not even answer the phone when I call.... Read more »
Agreed to a hair follicle test because my ex wife who had questionable urine results would only do one if I did. I only smoke cannabis and have nothing to hide. Results came back negative for THC but positive for HEROIN!!! NEVER IN MY LIFE HAVE I USED HEROIN. Been smoking pot for 19years on a... Read more »
I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »
Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.
Why are you needing her medical records? Is there a wrongful death or workers compensation claim ? Had she had an injury claim that took place but was not the cause of her death? These situations call for a Personal Representative to be appointed by the Probate Court either Formal or Informal...Read more »
Our Mom listed one executor, the middle child as the executor in her signed and witnessed will. It was also stamped by a notary. When we are filing for probate for her estate, does the older sibling have a higher right to assignment? And must we add all 3 siblings or just the one our Mom wanted to... Read more »
My husbands father passed away in 2015. We we told he owned property and arent sure if he had other assets. He has two chilrden my husband being one and his sister. When he passed their aunt to control of everything and included them in nothing. We are looking to find out if everything was done... Read more »
Hello, If your father in law was not a resident of Massachusetts, then it is not a Massachusetts matter unless there was property in Massachusetts in which case what is referred to as an Ancillary appointment would be needed, but this is would entail the same person being appointed in...Read more »
with them because they required around the clock care. My dad passed 3yrs ago, and my mom died may 2018. Throughout that time, my life came to a complete halt. My Sisters continued to work, travel and live their lives. Unfortunately, my mom passed away before she put together a living trust. Me and... Read more »
This is a landlord tenant matter at this juncture as well as a probate matter. I cannot tell from the facts presented whether there was a discussion of a potential claim or whether there was and a claim filed against the estate in a timely fashion due to the statute of limitations . You need...Read more »
She had a checking and savings account. The savings acct was put on hold pending probate. My wife was a signer in checking acct. one and a half years after death my wife and her two brothers had a service and wrote a check out checking acct.
Recently the mothers pensioner said they have... Read more »
If she was a Massachusetts resident and the sum of money in the estate in question was under $25,000 then a Voluntary Statement could be filed with the Probate Court for the area where she lived and this would hopefully enable you to deal with the bank and pension payment issue. However, sometimes...Read more »
My father was married to a woman who he shared no children and my sister and I were a previous marriage. He left no will. How do My sister and I protect our inheritance rights? The wife was hesitant to give us a photo album from our childhood never mind our inheritance. Is there some sort of way to... Read more »
Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only... Read more »
If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage...Read more »
loan with a cosigner,he has nothing else with little in bank account.with that said how do i go about the car my understanding is i inherit his belonging and car and as far as i know im not responsible for the car loan the cosigner is but do i inherit the car
If the assets are nonreal estate and less than $25,000 you would need to file a Voluntary Statement and death certificate in order to have title to the car transferred to you ( are you the only heir? No siblings? )You have not stated whether he had a surviving spouse so I am assuming he did not)
My mother died 10 years ago leaving myself and 3 brothers as his only hiers. Do we have to reopen probate to get the proceeds. I know live in Florida. Do I find a lawyer here or in Massachusetts. He died in Massachusetts.
Your question is a bit confusing as you have not clearly stated whether your mother died and it was your father's policy and your mother was a beneficiary and then she later died without having processed the insurance or she was never a beneficiary . If she was never a beneficiary neither she...Read more »
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