His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »
I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.
If we can help,... Read more »
I live in Oklahoma. I own (or might own - who knows?) an undivided interest in mineral rights in Texas. I consider them worthless. Let's suppose that I manage to avoid probate through the use of beneficiary forms, TOD's, and POD's for financial accounts and TOD Deed for my house and cars, for... Read more »
It appears that Texas law allows a transfer on death transaction for minerals. A Texas attorney should be asked about a transfer on death deed. Current federal estate taxes begin at $11.4 million.
However, don't just focus on who gets your things when you are gone. Estate planning also... Read more »
She started suffering from dementia several years ago. She left her entire estate to her caregiver.Do I have any recourse? I don't know if she had a will, if so would it be valid? Can a caregiver be a beneficiary in this instance? Thank you in advance
Sincerely, Julie Rushing
More information is needed to give a full analysis, but here are a few thoughts to get you started.
The only way she could have left her estate to the caregiver would be through a will, a trust, or as a beneficiary of insurance or bank accounts. With that said, there still needed to be... Read more »
My 1st cousin is who has title to the house has been dead 27 years. I am trying to get title in my name so i can pass it on to my granddaughter when I die to keep it in the family. What is the best way to get a clear title?
Hire a local probate attorney to probate your cousin's will or, if he or she did not have a will, to probate his or her estate as an intestate estate. This does not guaranty that you will get title, however. You will get title only if you were your cousin's sole heir when he or she passed. I... Read more »
Generally, yes, a probate can be filed irregardless of how long somebody has been deceased. The question is whether such a probate would fix the title issue you have.
If this involved real property in which the "probate estate" had an interest, then you should have either consented or been notified. Locate an attorney in the county where the probate occurred to check out your options.
My grandmother has an irrevocable trust, she is the Trustor and Primary Beneficiary. My mother is the Trustee. My grandmother has over 50k in credit card debt. My mother is an authorized user on some of the credit cards but she is not a co-signer or co-owner of any of them. When they created the... Read more »
There is no way to answer your question without reviewing the trust and also investigating other facts, like what her balance sheet looked like when the trust was created. Your best bet is to invest in a consultation with an experienced probate attorney.
He has the money in his savings account but even after I filed and got the EIN number the Bank says I still can't use it to pay off the house. I can't keep paying these payments what can I do
IF YOU FILED THE PROBATE AND WAS APPOINTED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE, you should be able to access the bank funds to make the payments. Talk to the bank again or better yet have your attorney talk to them.
everything she acquired before as well as after their now belongs marriage to him simply because he was her husband at the time of her death. Even things that were acquired while she and my father were married, as well as things that belonged to my grandmother that were given to me when she died... Read more »
No he cannot keep all of the property she acquired before marriage or by inheritance. He would be entitled to a share.
We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.
Can we also contest the will?
You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.
among my two sisters and me. How long do I wait to divide to see if any bills come in. He didn't owe anything. Didn't have much
If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... Read more »
My father passed. I am/was his POA so was removed from acct. I am Trustee for myParents trust. My mother is surviving and I’m her POA as well. Since he had pour over will do I need to go through probate? All other funds in Trust except my mother’s surviving SS bene (I am Rep Payee) and... Read more »
If his account wasn't in the trust, no joint owner or Payable on Death Beneficiary, then you will probably be required to probate the estate. It sounds like a summary probate would be appropriate in this situation.
I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »
Sorry for your headaches.
I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,... Read more »
If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the... Read more »
Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in... Read more »
This is hard to say without reviewing the records and the Will.
Was the Will actually probated? Some wills are invalid for various reasons.
However, it is likely that 3rd wife's heirs at law would be entitled to the interests.
Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.
If the children are now adults they may want to pursue a quiet title action against the grandparents.
She did list my mother in will as her daughter but my mother has died.
Your question is missing some context here, such as whether there is an active probate.
Although your situation may be different, most individual who create a Last Will and Testament name their children as the primary beneficiaries. There is typically a clause that addresses the situation... Read more »
under contract. Am I allowed to receive a commission on the sale since I am the personal rep of the estate?
Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your... Read more »
best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence on the... Read more »
It depends on if your father had a will or not. I recommend speaking to a probate lawyer.
The will gave the property to 3 heirs one heir sold their portion of the property via quit claim deed. The buyer at that time sold the whole property to a new buyer with a Joint Tenancy Warranty Deed. I recently found my Grandfather's will and it is going through probate.
If this is in Oklahoma there may significant title issues. Unfortunately this question is too involved for a response in this forum.
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