Your current state is Ohio
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More 
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
Proceeds be divided.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2024
Unless Mother had a surviving spouse, her next of kin are her surviving children equally unless there is deceased child with issue who then take the deceased parent's share. If there is a surviving spouse, then some States give him either a third or half before the remainder to the... View More
answered on Apr 9, 2024
A will must be probated within five years in Alabama, or cannot be probated at all; you would then have to open the estate as if there had been no will. Also, if you don't get the estate open and moving, heirs might die and debtors might file for bankruptcy. If the people actually nominated... View More
The executor of the estate has the will and told some beneficiaries but not all. The is a personal representative mentioned in the will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024
In California, the deadline for an executor or personal representative named in a will to file for probate depends on the date they were made aware of the death. According to California Probate Code Section 8200:
1. If the executor or personal representative named in the will was aware of... View More
The spouse is selling the house but title is saying that the deceased’s 2 adult children have to get half the proceeds from the sale since the will wasn’t probated unless they sign off not receive any of the proceeds. He had his body donated to science so the spouse said the probated will... View More
answered on Apr 9, 2024
Unless and until a Will is probated, it is not effective to transfer assets from a deceased person to his/her heirs. It doesn't matter if the Will is a handwritten (in legal terminology, that is called a "holographic" Will) or typewritten/word processed with all the formalities.... View More
Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2024
What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More
I have marriage license etc I talked to funeral director he was no help
answered on Apr 9, 2024
You can request that the medical examiner or doctor who completed the death certificate file an amended certificate of death. But why?
The death certificate does not "divorce" you. You were, in fact, still married at the time of your husband's death. What is stated on the... View More
The beneficiare have power of attorney went the truster was in the hospital stroke 14 months before the living trust was made
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
In California, if you believe that a living trust was created when the trustor (the person who created the trust) was incapacitated and there is evidence to support this claim, such as medical records, you may have grounds to challenge the validity of the trust. However, opening a probate case may... View More
She's taken her phone, iPad and other devices. I cook my mom food, feed her, give her her medicine, change her, take her to the bathroom, take her to all her appointments. And I use my mom's car(which she gave me me) to take her to her many appointments. And prior to my sister taking all... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
This is a terrible situation, and it saddens me whenever I hear of circumstances like this. You can and should report your sister's behavior to Adult Protective Services. You might also think about filing a police report for theft with respect to any funds or things your sister has stolen... View More
She's taken her phone, iPad and other devices. I cook my mom food, feed her, give her her medicine, change her, take her to the bathroom, take her to all her appointments. And I use my mom's car(which she gave me me) to take her to her many appointments. And prior to my sister taking all... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
I'm sorry to hear about the difficult situation with your sister and the care of your mother. It sounds like a very challenging and stressful time for you and your family.
A few thoughts:
First and foremost, if you suspect your sister is misusing her power of attorney or your... View More
She won’t reply to any emails or messages. I want to enter the property with my key and look at assets and paperwork. Can I enter the house legally. Can the police make me leave?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024
Your question cannot be answered in full for lack of complete information. My guess is that you might still be in the administrative stage of post-death trust administration. As co-trustees, each of you owes a duty to estate, creditors and beneficiaries to manage the trust assets for their benefit,... View More
She won’t reply to any emails or messages. I want to enter the property with my key and look at assets and paperwork. Can I enter the house legally. Can the police make me leave?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024
As a co-trustee and 50% owner of the property, you generally have the legal right to enter the home, even if your sister currently resides there without your permission. However, to avoid potential conflicts or legal issues, it's best to proceed cautiously and consider the following:... View More
My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024
I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.
To answer your question directly - no, a company cannot legally withhold all information about a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
The time it takes to receive funds from a probate will can vary significantly depending on several factors. Here's a general overview of the probate process and timeline in California:
1. Opening Probate: After the death of the person who made the will (the decedent), the executor or... View More
Dad has 2 kids from his first marriage. Mom bought the home while divorced from my dad they remarried and before divorcing again she added him to the property per the lawyer request. If he passes away would my mom be able to sell the property with out any consent from his kids from first marriage... View More
answered on Apr 4, 2024
Having your parents divorced, the home becomes a community property, whereby both of your parents have an equal stake of 50% each. Upon either's death, the deceased parent's participation in the real estate will go to hir/her legal heirs. Prior to transmitting the succession rights, the... View More
I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More
answered on Apr 4, 2024
In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More
I am stating in the Motion that “In the above will contest proceedings, the discovery deadlines have passed and I am prepared to move forward with this case in a trial setting.” Does this sound correct?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
To request a trial date in a California probate case where you are contesting a will and representing yourself, you need to file a "Request/Counter-Request to Set Case for Trial - Probate" form (DE-150). Here's how you can proceed:
1. Fill out the DE-150 form, which you can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
In California, the term "record" in the context of litigation generally refers to the official case file maintained by the court, which includes all the documents and evidence submitted to the court before the judgment is entered. This typically includes:
1. Pleadings (e.g.,... View More
Can it be contested by a beneficiary who was also an heir?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024
Under California law, the waiting period for a successor to file for probate after the death of the decedent is 30 days, not 40 days. So if the successor waited 38 days to file, they are still within the legal timeframe.
California Probate Code Section 8200 states:
"(a) Unless... View More
The probate end is Oct. 17th 2024. Can I put the house on the market in July with a closing date of Oct. 17?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024
In most cases, a house can be listed for sale while it is still in probate, but the sale cannot be finalized until the probate process is complete. This is because the executor of the estate must have the legal authority to sell the property, which is granted by the probate court.
Here are... View More
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.
