Hello estate heir. The probate attorney and executor may be correct. If the estate does not have liquid cash, may have to sell hard assets to fund the inheritance. But more important is the priority of distributions. First, creditors and claims, expenses, legal, accounting fees and bills....Read more »
My dad has will that states upon his death his wife is allowed reside in the house for one year. About a month ago she left him. She moved out and got her own apartment. My dad was then put in a home. She was his main caregiver. She is now quoting the will saying she has the right to the house for... Read more »
The answer does depend entirely on the wording of the will and also on whether the will is accepted for probate. If the will is accepted for probate and says what she says it does then, yes, she has the right to occupy the house for a year. Some attorneys draft rights of occupancy in such a way...Read more »
His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?
Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the...Read more »
Alaska Native. It would depend on what your grandmother's Will says to determine if you should have received notice or inheritance. If no Will, then her heir (her children/spouse) would inherit under intestate laws. No grandchildren would automatically be included, could be, but not...Read more »
The only heirs are me and my sister, she's in another state and cannot come down to washington. my dads house is paid off and I want to keep the house. my sister has agreed to sign a waiver to give me the house. Do I have to still go through probate? If I do, do I have to go through personal... Read more »
Hi, Washington resident. Since this estate has real estate, you will have to go through probate. You make arrangements to keep the house, but there needs to be some funds to pay for the probate costs and possible tax return. Something has to be sold from the estate to proceed with paying for...Read more »
This may depend on how the bank account was set up. If it was a joint bank account with right of survivorship, you may be entitled to the funds. However, there may also be other factors that determine who would inherit this money. It is best to consult a probate attorney who can explain the...Read more »
I am not able to care for her, and she is needing care daily whether it have to be 24/7 or just a person during the day. She has nothing, no home, and did receive SSI until she mentally couldn't remember to do her reviews, paperwork etc they won't allow me to speak for her. She need... Read more »
In order to make decisions for your mother, you will need to be appointed as her guardian, unless she has an existing power of attorney naming you as her attorney in fact. If she previously executed a power of attorney, you should have this reviewed to see what decisions you are able to make on her...Read more »
Portland Spouse: Under WA law, you, the surviving spouse would inherit 1/2 of the estate regardless of what the Will says. The deceased spouse only has the right to Will 50% of his estate. You get the other half without question. If there are children as your case, they would inherit the other...Read more »
I purchased a property in Tokeland saying that it had a private Well to supply water my water. 3 1/2 years after the sale it has been determined that my water actually comes from an Artesian Well on someone else's property, ( not disclosed in the real estate documents ). The owner of this... Read more »
Hi, Aberdeen resident. This is a tricky situation because it deals with who has authority and who has not. First, your access to the water may need some thought so that you can continue water access. There is a good chance you can continue with an agreement with the deceased's estate....Read more »
The roommate doesn't have a lease or anything in writing. We're concerned she may not leave because she doesn't have the means but we need to be able to access the house to prepare it for sale. We need to know what our rights are as the estate administrators.
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that...Read more »
The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... Read more »
If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for...Read more »
Both you and the only heir need to hire a probate attorney. You need to hire a probate attorney to assert your claim for reimbursement. The only heir will want to hire a probate attorney to ensure the proper administration of the estate and his or her inheritance. The nearest kin will also want...Read more »
Both of my parents had Wills listing each other the primary beneficiary and me as the second. When my mother passed away in 2018, we did not take any action. Joint accounts and property were not modified or updated. Now my dad passed away in 2020 and I have to file for Probate.
It is not possible to answer your question without a thorough understanding of everything that was in your father's name (alone or with others) when he died. Even if everything that could be held in joint tenancy with right of survivorship (JTWROS) was held in JTWROS, there are steps that...Read more »
My dad passed away. I'm executor of the estate. My dad has us splitting everything (property & posessions) in roughly equal shares. However, my brother share is to go into a trust due to concerns of drug/alcohol issues. My dad appointed me to oversee trust for my brother as well. My... Read more »
Yes, if what you say is true, that the death beneficiaries of the IRA are you and your brother and not you and your brother’s trust, then he will receive his share outright and free of trust. But neither of you have to accept your shares all in one lump sum. You can roll your shares over to your...Read more »
Yes, a living trust would avoid probate and might be an excellent choice for your dad's situation. However, there are other techniques that might be better if, for example, you want to protect the home from being sold after death to reimburse Medicaid for long term care expenses paid on your...Read more »
The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the...Read more »
I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due...Read more »
Yes, in most states a child born after a will was made can challenge the will and claim the share of the estate he would have received had his parent died without a will. Also there are often family allowances in addition to that. You should contact a probate attorney near where the child's...Read more »
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