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Your current state is Ohio
My late father passed away intestate in Los Angeles County, and I (his son) have been named Administrator of the Estate by the court. He had his girlfriend-turned-caretaker staying with him before he passed.
Said caretaker has stolen what little money remained to my father by claiming there... View More 
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answered on Mar 20, 2024
In California, if you're facing issues with an occupant in an estate property, the first step is to formally establish your legal standing as the estate's administrator. Since you've been named by the court, ensure all documentation clearly designates your authority over the... View More
My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached
answered on Mar 20, 2024
An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More
If the grandmother filed a case in court asking for her share of the ancestral property and she passed away before the case was resolved, will her children may still have the opportunity to continue the case or to get her mother share of ancestral property ?
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answered on Mar 20, 2024
If your grandmother initiated legal proceedings for her share of the ancestral property and passed away before the case was resolved, her legal heirs, typically her children, usually have the right to continue the case. The legal process varies by jurisdiction, but generally, the heirs can apply to... View More
There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More
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answered on Mar 21, 2024
It's crucial to gather all the evidence you have, such as documents proving your mother's divorce and any information regarding the will you mentioned. Collect witness statements or any proof of the fraudulent actions taken by your father. Documentation and concrete evidence are key in... View More
There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More
answered on Mar 20, 2024
You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
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answered on Mar 20, 2024
Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold. If you are living in the house, it does not automatically obligate you to assume the mortgage payments, unless... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 19, 2024
I would say that is a pretty common arrangement. In lieu of “rent” you would pay the mortgage and utilities. Of course this is a general answer and each situation is unique. If the mortgage is significantly more than fair market value rent than perhaps some other arrangement would be more fair... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 19, 2024
Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 27, 2024
Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 19, 2024
Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More
Trust according to law as executor Of the last will and testament of—— deceased and I am acting on my own behalf and not on behalf of any bank or corporation which is not authorized to act as fiduciary in the
state. Does this mean I give up my right as executioner of the estate?
answered on Mar 19, 2024
The language you included in your question is standard language for the oath of an executor that has to be filed with the court before the named executor is issued letters testamentary that give the executor the power to act.
The language does not give up a named executor’s right to... View More
Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More
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answered on Mar 16, 2024
In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More
I'm a person with a disability the other people sent a letter saying they were going to submit both Wills to the court turned out they they did not they only submitted one so there are but I believe they are using the wrong will so that's why I want to contest. I think one of my other... View More
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answered on Mar 15, 2024
You will need a MN attorney to contest a Will filed for Probate. You may or may not have a cause of action. Obviously 2 Wills cannot be filed for Probate by the same proponent. But it sounds like you do not have either Will, which is a problem to probate the actual Will, and you must have... View More
Do I have any tax implications I am Canadian
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answered on Mar 15, 2024
If you're considering setting up a living inheritance, commonly referred to as a living trust, in Florida, there are some important steps and requirements to be aware of. First and foremost, the living trust document needs to be in writing and should be properly executed: this includes being... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
In this scenario, the house sold by the executor, on behalf of the estate, is still considered inherited property. Since the woman passed away without a will, the estate is handled according to Colorado's intestate succession laws. The property, even though not formally transferred to the... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More
What can I do as the issue of my father, who was a predeceased beneficiary? Of my grandmother, I had assumed there was misconduct by my attorney during mediation. When I attempted to attend the final distribution hearing of my grandmother's estate, instead of attending, I was approached by... View More
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answered on Mar 14, 2024
Based on the information you provided, it seems that there may be some irregularities in how your grandmother's estate was handled and how you, as a beneficiary, were treated. If you did not sign a receipt agreeing to your inheritance and releasing your attorney from liability, it could... View More
My father passed away and was the vendor in a land contract agreement with my aunt. There is nothing about survivorship rights in the contract. I need to inventory his assets for informal probate. How do I account for his interest in the land contract as a vendor at the time of his death? Is he... View More
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answered on Mar 14, 2024
The contract for deed is a chose in action which is personal property. It is an Estate asset, for which the fiduciary can sue on or be sued to enforce. Your lawyer should know this. Its value can be easily computed by the amount owed on the contract. The lessee Aunt has the risk of not... View More
The only person with keys to the house is a non family member who was taking care of my uncle when he was sick, and he won’t hand the keys over.
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answered on Mar 14, 2024
Gaining access to a deceased family member's home to search for their will can be complex, especially when the keys are held by someone who is not part of the family. It is essential to understand that the process and legality can vary depending on your location. Typically, if you are the... View More
He is the guardian to his older developmentally delayed, deaf brother. He recently bought his first home. He does not have a large estate. The corporation we work for will not release information to the daughters as one is listed as an emergency contact but none as dependents. The listed dependent... View More
answered on Mar 13, 2024
I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More
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