It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.
He was never married; no common law in New Mexico--had Girlfriend of 15+ years; he never paid a dime of child support. I am 44 yrs old in Rhode Island born out of wedlock; father abandoned my mom when she was 3 months preg. in Rhode Island (never showed up the wedding rehearsal the night before the... Read more »
You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological parents....Read more »
Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my Uncle passes on... Read more »
I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'. Everything from 'x...Read more »
Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out' the other two siblings' interest....Read more »
If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is to...Read more »
His only asset is his home that is in disrepair and hoarding situation. The family has already invested $40k in repair and still not done. Can the family receive its compensation prior to credit collectors?
There may be a family allowance available for Dad's immediate family under the right circumstances. Typically that takes priority over general creditors. You need to contact a probate attorney in your Dad's area about your specific situation. Many offer free initial consultations. Good luck.
Probably, yes. There are legal requirements for the State to meet in order to conduct such a sale, but death of the owner or the filing of a probate proceeding usually won't stop it. If they failed to accomplish any of the prerequisites properly, you may be able to bring suit and have the sale...Read more »
Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed amount and...Read more »
My mom was going to file but had anuurism and than died , her n her ex husband had purchased a vehicle together and when she left him she had the vehicle in her possession , her last words to me and 10 other people was to not give her husband the truck and that it was to go to me of anything... Read more »
It would depend, in part, on whether they were divorced, and if so what the divorce decree said about the truck. If it was awarded to her in the divorce, it belongs to her estate and (assuming she didn't leave a will) it would probably go to her children. See an attorney.
The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.
Misspelled and incorrect names, incorrect addresses - and form. I'm certainly no expert but it appears bits and pieces were taken from the original will then used to create a "new" one. Very unprofessional looking. My deceased loved one was a business professional. End of life affairs would have... Read more »
If your mother had a will the proceeds from the sale must be distributed according to the will. If there is no will and no surviving spouse then to her children equally, if the child is deceased then that share goes to that child's children equally.
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