ok what the deal is when my dad passed away I had to sign for a release of a death certificate of my dad with the funeral home for my stepbrother who is not a biological son of his. But yet they gave my dad's girlfriend 10 death certificates without me signing for the release of any death... Read more »
If two owners had a tenancy in common deed, and one owner passed away (now both have passed). What document would be filed to show the passing of her portion of the properties to the next-of-kin? My aunt died (has husband and two kids), she had tenancy in common in three properties. My cousin... Read more »
I'm unsure why this is posted in the Minnesota jurisdiction, but the answer should generally be "no". A Trust is a vehicle designed specifically to avoid probate, no matter where it is created or where the person who created it (called the Settlor or Trustor) passes away.
My 79 yo father created a revocable trust in 2015, he was original trustee. Trust named his 6 children as equally-divided beneficiaries, & the "beneficiary's issue" if the child has died. My brother died March, 2019; my father died August, 2019. My brother married twice. No marriage produced... Read more »
That mistake is probably going to be difficult if not impossible to correct. This is why estate plans should be reviewed and updated periodically. The only way for any attorney to be able to provide you with definitive advice would be to review the actual wording of the trust instrument. This is...Read more »
She recorded him, while she prompted him to say he was leaving his estate to family, after she dies. My Dad and I have always talked about the college funds he set up for my kids. When I tried to talk to her about this, she cut me off and said he never had money set aside, for them. Does she have... Read more »
It is impossible to answer your question without knowing whether your dad had a will, what the will says, whether had had a trust and what it says, how his assets were titled and whether any beneficiaries were named, and much more. Your best bet is a full consultation with a local probate attorney.
She was adopted as a baby and is now 42. If she doesn't have a will, or that her wishes are spelled out, will her biological mother/siblings be entitled to what she owned after she passes away, or would it go to her adopted family?
If someone passes away without a Will, they are deemed to have died Intestate. Minnesota then sets forth a "default estate plan" for the person. This default plan basically sets forth that the persons closest living family members have priority to act as the Personal Representative (or Executor)...Read more »
In his personal bank account. She said that in a few years when she is in a lower tax bracket then she would give it out. Nothing went to probate and has done not followed thru with her fiduciary duties. He passed in 2017. Can creditors come this late collect any monies?? This has been difficult... Read more »
This question should be reviewed in detail by a probate attorney. The largest issue here is probate assets versus non-probate assets. While your sister may be the Executor of the Will, this only extends to probate assets (or assets in your father's name alone with no beneficiary designations when...Read more »
As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal property of a...Read more »
The issue with your question is the title/ownership of the property in question.
You state that you owned the property as Tenants in Common with your deceased husband. Tenants in Common own a divided interest or separate interests in property. In the above scenario, you would own 50% and...Read more »
You may want to check to see if there is an active warrant. If not, it may be best to let it ride unless there is a reason not to. If there is an active warrant and you need it cleared, you'll need to turn yourself in and get booked in order to clear the warrant and get a court date. After that,...Read more »
The question is not clear. If he is being transferred that implies he was already in jail, being transferred to another jail in another county. In most cases involving new charges, the defendant will get a bail hearing with a few days or less. After that, often they can post bail and get out....Read more »
My mom passed away 4/4/2015 with no will. She has land amd a poll barn that is paid for. She has a few cars paid in full but a lot of credit card debt. Can I do a summary of assignment or does this go to probate? Do I have become the executor since I'm the only child of hers and her husband passed... Read more »
Short answer: You need to see a probate attorney ASAP and BEFORE you do anything more.
If the estate is 'upside down' (more debt that total assets) it may make no sense for you to do anything. Just 'walk away' and let the creditors fight over the scraps. You don't want to spend your own...Read more »
When my husband passed we were physically (not legally) separated. His death was hidden from me by my in-laws who had him falsely listed as "divorced" on his death certificate, had his body cremated (location of his remains are unknown to me), cleared out our home and garage, and took all vehicles... Read more »
not live in Puerto Rico how much does it cost to hire a lawyer? to resolve the property and whats happen when someone dies? She did not have a mortg the house was paid for no debts. My niece does not communicate with me and she made herself owner she is only the granddaughter what are my rights... Read more »
Most probate attorneys will give you a free phone consultation. If the niece was a joint owner of the bank account or a payable on death beneficiary of the bank account, the niece would normally get the bank account proceeds. The county recorder where your mother's house is located may have a...Read more »
A will is a testamentary document that provides where the testator wants his or her property to pass upon death. A validly executed will admitted to probate without challenge will control the distribution of the decedent's property. In Minnesota you can disinherit children but not spouses. A...Read more »
I can no longer afford an attorney and I have to keep fighting a probate/civil suit. I am trying to do this on my own, it is very stressful. I have to fight for what I believe in. I can not just through in the towel. Where can I find someone that will help me?
SlidingFeeAttorneys.com is a network of cost-conscious, local attorneys offering sliding-fee representation (fees are based on your income). This is a new website and more attorneys are joining each day so check back regularly. If you cannot find an attorney in your area on that site, I suggest...Read more »
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