There is no way to answer your question without reviewing her husband’s will. Depending on the wording her share might have lapsed, in which case her share would go to the residuary beneficiaries in her husband’s will or if none then her husband’s intestate heirs. Or her share might go to...Read more »
Now the house is going up for probate I was the only one on the will how are they doing this what can I do they said if I didn't sign for their services they would have me arrested for exploitation because I take one of my doctor bill with his money The Power of Attorney papers said I could she... Read more »
First and foremost you need to make sure you have a copy or original of the Will. In the Will an executor is named and that is the person who must go to the clerk and open the estate. If you are named as the beneficiary of the house your Uncle had then the clerk will make sure the executor gives...Read more »
I know you think this is a simple question, but in reality it's not. The answer depends on a lot of things. It depends on what other assets are in the estate. It depends on the validity of claims made against the estate. It depends on whether those claims are still valid or have expired. It...Read more »
I'm from SC my father predeceased his mom he died in SC I'm personal representative over my dad estate but I was sent a notice of probate for my granny estate with my name on it she died interstate secession in north Carolina I contacted the executor in was told the court ordered for child support... Read more »
Under NC law illegitimate children cannot take by intestacy. There is a distinction between paternity and legitimation. If your father never went through the formal process of legitimation and didnt leave a will, you cannot do it now.
The laws in each state may differ but the public...Read more »
Several years ago my mom had my ex- husband put up a barb wire fence all the way around the property she was leaving me in the WILL so there wouldn't be a problem after she passed away. Back in 2015 when I had just started dialysis, weighed 80 pounds and honestly felt like I was dying, I could... Read more »
You have to pay back the executor of his estate. The executor will then distribute the repaid funds along with other estate assets to his heirs. His heirs may or may not be his siblings. It depends on whether he had a will and what other relatives survived him.
Mother passed away in May. Her will states that "her individual" (not joint) property is to be divided between current husband and 2 adult children from a previous marriage equally. The $60,000 spousal allowance off the top reduces adult children portions making spouses portion that much more.... Read more »
Considering there is a surviving spouse who arguably should have gotten everything, one would think you'd be grateful you are getting anything especially if the amount of potential reduction is a mere $60,000. Of course, if you wanna make sure you grub up as much as possible for yourself - just...Read more »
This person has informed me that since I am not a sibling, I don't need to be kept informed or asked about anything to do with the estate. Part of the estate is being settled but there are other assets that have a legal difficulty attached to them. This person has stated we, my spouse and I, would... Read more »
Since this is your wife's parents it is likely that she is a beneficiary and you may not be, meaning her parents left things to her in their Wills and maybe not to you. If you are not a beneficiary you do not have to be informed of everything going on with the estate. Your wife on the other hand...Read more »
If there is evidence that your brother meant for you to distribute the funds among his natural heirs, then that is what you should do. Absent evidence of such, it is presumed that your brother meant for you and you alone to have those funds, and those funds would NOT be part of your brother's...Read more »
Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »
Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.
My father passed two weeks ago and left all property/house to me and my sister. The house has already gone through probate. His step-granddaughter had been staying there for a short period before he passed and we have since asked her nicely to be out by today. We gave her two weeks from 9/14/19.... Read more »
Law enforcement rarely will evict a trespasser if it "looks" like she "lives" there. Even something as simple as her clothes in a closet will scare them away. You are going to need to hire an attorney to help you with an unlawful detainer action against her.
probate process, correct? If correct, can the Administrator sell the residence without the signatures of the remaining siblings? Can the siblings have a say so in determining the listing price of the residence and final offer?
There is no way to answer your question without knowing exactly how your father's house was titled when he passed. It it was in his name alone when he passed, then it IS part of his probate estate and WILL be part of the probate process. If there were one or more other people on title, then it...Read more »
When my grandmother passed away, she left the house and land equally to me and my aunt. Instead of selling the house and dividing the proceeds, my aunt has continued to live there since her passing. Currently, my aunt and I are somewhat estranged and I do not know what preparations she has made.... Read more »
Yes, and quickly. One of you needs to be appointed executor of your dad's estate so that you can sign the closing documents, and you are going to need to open an estate bank account to receive the sale proceeds. Call a probate attorney in your area today.
Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any... Read more »
The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the...Read more »
His son manipulated me and told me he had the money to fight me and I would get nothing . His father and I had been split up for a year but I still took care of him . his son give me 5000 but my id wasn't even valid and I dont remember signing the papaers due to me doing pills trying to cope with... Read more »
If the residence was in your father’s name then it is part of his estate. The probate court can appoint an executor. Usually a family member petitions the court to be appointed. A local probate attorney can help you with this.
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