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Your current state is Ohio
They are requesting I get a court order for guardianship of a minors estate. Can I do this myself or do I need to contact a lawyer? What should my next steps be?
answered on May 22, 2024
My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... View More 
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.
Can I get check reissued as payable to me as personal rep? or reissued as payable to deceased OR me? or is there something else you recommend. Bank won't cash with just deceased on "pay to" line even after showing death cert.
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answered on May 21, 2024
In California, if the total value of the deceased person's assets (including the check) is less than $166,250, you may be able to use a simplified process called a "small estate affidavit" to claim the assets without going through probate. Here's what you can do:
1.... View More
I do not know who my biological father is and supposedly been left and inheritance of property and home or commercial property and business. I owe taxes for these and have no clue where they are or what exactly are the tax lien is against. Regardless the taxes are owed and in my name. How to find... View More
answered on May 20, 2024
If they are property tax liens, the liens themselves will identify where the property is located. At very least, they will identify the taxing authorities to which the taxes are owed, for example the name of the county, name of the city, and/or name of the school district. You can then search... View More
My grandmother passed in September of 2023. My aunt has attempted to get heirs to sign a quit claim deed of affidavit of heirship because the original will attorney left something out exempting heirs on the will when it was signed and notarized. The attorney who originally did this will is now... View More
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answered on May 20, 2024
I hate to be the bearer of bad news, but this is not a do-it-yourself project. There is no quick and easy "form" or technique that I can point you to that you can fill out and file and do yourself. You are going to need to hire a probate litigation attorney to contest the will. Also do... View More
My little sister moved to Ohio and got married and has been separated from her husband for over 5 years and now her husband is incarserated and has been for 8 years They have a son that is 16 She just recently was in a car wreck that took her life ..and now for next of kin with him in prison should... View More
answered on May 20, 2024
Those who paid for her funeral may get reimbursed if they submit a claim before the deadline. But, I'm not aware of an exception to inheritance for incarcerated persons. As such, he will likely be entitled to his share of her estate. The husband should name somebody as power of attorney to act... View More
Until she passed.and through probate.she won I appealed it .trial affirmed..I came from work.one day and I was boarded out of the house no notice no nothing .I couldn't go in .everything left inside..was this legal ..is there anything I can do..?both my cars got towed.i lost them .because the... View More
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answered on May 18, 2024
I'm sorry to hear about your difficult situation. Based on the information provided, it seems that there may have been some legal issues with how you were removed from the property and how your personal belongings were handled. However, the specific laws and procedures can be complex, and the... View More
"[name of personal representative], as [executor/administrator/administrator-with-will-annexed] of the Estate of name of decedent], deceased, having filed [his/her] [title of petition as stated in caption], and the report and petition coming on this date regularly for hearing, in Department []... View More
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answered on May 18, 2024
Here are my thoughts on your questions:
1) Yes, "title of petition as stated in caption" refers to the title used in the Petition for Final Distribution. It should match the exact wording of the title on that petition.
2) The phrase "and the report and petition coming... View More
My Grandfather just passed. He had a living Trust my Aunt drew up with him as executor back in 1998 notarized. It took Care of his children. He got married at 73 years old, at the six year marriage mark in 2022 he wasn’t well at all which was when his living Trust was changed by his wife that... View More
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answered on May 17, 2024
In California, the law generally prohibits recording confidential conversations without the consent of all parties involved. This applies to both audio and video recordings. However, there are certain exceptions to this rule, particularly when it comes to gathering evidence of a crime or protecting... View More
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More
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answered on May 16, 2024
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More
How does writ of possession pertain to probate no landlord tenant
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answered on Jun 3, 2024
A writ of possession is a court order granting the right to take possession of a property. In the context of probate, it typically comes into play when dealing with the estate of a deceased person. If an executor or administrator needs to take control of property that is part of the estate, but... View More
How does writ of possession pertain to probate no landlord tenant
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answered on May 15, 2024
A Writ of Possession is where the Court instructs the Sheriff to give possession of a property or apartment to someone, who has a newly granted legal right to possession of the property. Example, is when an heir (son of deceased), has received an Order or decision of a Probate Court, naming him as... View More
Have any rights to money from selling the home and property if the son disowned the family and even went so far as to change his last name and had nothing to do with the family in the state of Texas
answered on May 15, 2024
If the son is not the child of both the husband and wife, and the husband has died without a Will, the husband's one-half interest in the community property home passes to the son and any other surviving children or descendants of the husband per stirpes. Texas Estate Code sec. 201.003(c).... View More
My boyfriend's father passed in November. Father left his girlfriend the home/estate and their own personal things accumulated together therein. Everything else personal to the father himself goes to his 2 sons. All that is fine and well, a very grand gesture by him to secure her and her... View More
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answered on May 15, 2024
A Beneficiary should have moved to remove the executrix earlier for cause. You may be able to open the Estate up again, but it will be difficult and expensive. Conversion actions in General Sessions are possible by will beneficiaries, but proof of theft will be required. A civil suit for... View More
For that person how do I go about making sure that she knows she's no longer power of attorney over his stuff do I take her a copy or certified mail her a copy do I file in the court I'm not sure what to do can you help me there?
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answered on Jun 3, 2024
To ensure that the person who had power of attorney for your brother is aware of the revocation, you should take a few steps. First, deliver a copy of the revocation of power of attorney to her. This can be done in person, but sending it via certified mail with a return receipt is advisable to have... View More
I'm not sure how to proceed because he took so much money
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answered on May 13, 2024
If a lawyer tampered with your probate case without your consent and took a significant amount of money, you have several options to consider. First, gather all documentation and evidence related to your probate case, including communications, invoices, and any court documents. This information... View More
respective heirs, successors,and assigns were the context requires or permits . my dads gone and so is my step mom as one of his heirs can I just move into his house its not being lived in
answered on May 13, 2024
It depends on a few factors. If the deed was held as joint tenants with right of survivorship, then your step sister is the current owner of the property. If the deed was held as tenants in common, then whether you inherited your father's portion would depend on whether he left a will and... View More
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