Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2023
To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:
Obtain legal authority: In most cases, you will need to obtain... Read more »
My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... Read more »
answered on Feb 1, 2023
You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.
I arranged for his cremation and have received his remains and death certificates. The assisted living where he recently moved said that they sent me his important papers and personal items in a package but I have not received anything from them. They won't return my calls. I don't... Read more »
answered on Sep 13, 2022
If there are no assets, then there is nothing to Probate. Are you sure he had no interest in any real property?
She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... Read more »
answered on Apr 18, 2022
It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... Read more »
Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »
answered on Sep 10, 2021
Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »
We bought a mobile home only his name was on the title. I'm trying to sell the house now but was told by the realtor to contact a probate lawyer to see if I have the right to sell. The mortgage company has me sign a form starting I would be taking over the mortgage
answered on Jul 15, 2021
Hello, I am sorry to hear about the passing of your husband. If his name alone was on the title, then you may need to pursue a probate court action to get the mobile home titled in your name before you can sell or transfer title. If the total probate assets held in your husband's name are less... Read more »
will created and signed in California for a now Wisconsin resident
answered on Jul 8, 2021
That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... Read more »
I have no reason to believe that he will treat me fairly, In fact he has threatened me physically and wont let me in her house, yet he and my sisters have ransacked her house.
answered on Jun 29, 2021
It sounds like your brother send you a Waiver and Consent for informal probate, to allow the Will to be admitted to probate and to consent to his appointment as Personal Representative under an informal administration. If you do not sign the Waiver and Consent, then he cannot be appointed as... Read more »
Do I need to show a copy of the will to the bank?
answered on Mar 12, 2021
I would need to know more details to answer this question correctly, but generally, you are required to file the Will with the Probate Court in the County where the decedent died within 30 days of your knowledge of their death. This is required to begin opening a probate action in that County. If... Read more »
answered on Mar 9, 2021
Hello, if it is a Pour Over Will it sounds like it was designed to be used with a trust. So first I would examine all of the assets and see if there are any that have not already been titled in the name of the trust. All assets that were placed inside the trust do not need to go through probate, as... Read more »
My mom just passed away and we most likely will not be going through probate as most of her assets are either pod or joint with one of her children and the balance left will be under $50,000. So, do we need to get info on the Medicaid estate recovery since my dad used some title 19 funds. How do we... Read more »
answered on Jan 19, 2021
If you use the Transfer by Affidavit, used for small estates with total probate assets less than $50,000 there is a requirement to send a copy to the DHS Estate Recovery Program by Certified Mail before you can transfer any assets under the Affidavit. Generally, the Estate Recovery Program will... Read more »
The will stipulates that my sister-in-laws daughter (my niece) was to receive these funds when she turns 30 if my sister-in-law were to pass away.
Probate just settled in WI last month and my Niece has now passed away also. with no alternatives listed in the will would my niece's 2... Read more »
answered on Dec 9, 2020
You will have to examine what the Will says happens if your niece passes away before she reaches age 30. It may say that the gift "lapses" which would mean it goes away if the person dies, or it may say that then the gift gets added back to the corpus of the estate and distributed to the... Read more »
I am suppose to show proof that the money is in a account but my daughter and I spent the money..Now probate court keeps calling me and I don't know what to do
answered on Nov 19, 2020
You need to immediately retain an estates attorney to discuss your obligations to account for this money. Your exposure here may depend on how you spent the money. For example, if you spent the money for your daughter's health, education, support, etc. then you may not have a problem. But a... Read more »
She had a car loan that was upside down. It has been repossesed already. The bank is saying we (me & my 2 brothers) will owe the difference of what they get at auction & what she owed. None of us were on the loan with her, it was solely hers. Do we actually have to pay that? Keep in mind... Read more »
answered on Nov 18, 2020
The good news about death, is that the debts of the decedent die with them. I am sorry to hear about the loss of your mother. Any debts she owed at her death would be owed by her estate. So if she only had $300 total to her name and that is the total amount in her estate, this is the limit of what... Read more »
Stepdad's brother passed March 2019 with no will. He has 5 siblings of which another has passed since. Sister was appointed as personal representative. All notices, disclosures and closing statement have been filed now for months. They cannot get attorney to respond to email and they are... Read more »
answered on Oct 21, 2020
The PR can fire the non-responsive attorney and hire another one. Another option is to file a complaint with the state bar regarding the attorney’s non responsiveness.
Dad had no will and I have been living there and paying taxes that come in his name in care of me. My brothers and I split everything and i got the house but never got the deed changed and now i am older and need to get it in my name.
answered on Oct 12, 2020
Hello, I think you are going to need to work with a probate attorney, to get the house transferred from your Father's name to your name. If there was a probate when he died, the deed to the house should have been changed at that time. If you inherited the house via deed, there may be a way to... Read more »
I have my dad's Will. It names me and both my brothers as the homeowner's in the event of his death. My brother's want to quit claim deed their share to me since I live in the house and need to get it in my name to get homeowner's insurance on it. I was told it has to go through... Read more »
answered on Aug 5, 2020
I am sorry to hear about your father's passing. I would suggest either saving up the money to hire an attorney to help you get the house through probate, or attempting to open the probate process on your own. If the real estate has value (presumably it does since you want to get the house into... Read more »
I purchased a home before I meet my husband. The deed and loan are in my name only. I would like for things to just go to him so he has a home with our children.
answered on Jul 20, 2020
There are a couple of ways you can go about this. Depending on how the title to the deed reads now, you could pass this to your husband via deed, or via your Will or Trust at death. Doing it in your estate plan (Will or Trust) may make sense, because you still have a mortgage on the property, and... Read more »
So my grandfather died and left money to all of his grandchildren; including me. I was a minor at the time.
My mom quicky brushes it away after I talk to her. She says I will get it when I'm 25. (I'm 22 now.) On the court document it says *my brothers name* on behalf of me- waived... Read more »
answered on Mar 22, 2020
Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the... Read more »
My mom has three children. Oldest is an addict, and have warrants in another state. Second child is currently incarcerated. How can I legally become executor of my mothers estate so I can carry out her wishes?
answered on Feb 4, 2020
File a petition to be appointed as the personal representative of her estate. Chances are nobody will object and you will be appointed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
