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The will was found, apparently fallen behind her nightstand, along with a couple pieces of her mail when I was vacuuming areas that haven’t been cleaned in many years. Only upon seeing the envelope did I recall her making this will, as it has been 5 years since she wrote it. She has signed the... View More 
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answered on Mar 3, 2024
In California, if you find a will after a probate case has already been initiated, it's important to act promptly to ensure the will is considered by the court. You should first secure the will and any other documents found with it. Since the will appears to be valid, with your girlfriend... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
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answered on Mar 2, 2024
The ownership of the property after your father-in-law's death largely depends on how the deed was titled when your husband and his father were placed on it. If the deed lists them as "joint tenants with right of survivorship," then upon his father's death, your husband... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
Your question is missing the exact wording of the deed naming your hubby as a co-owner. If the wording made him a full owner upon Dad's death, then the Will's bequest would be ineffective. But if any interest became part of your Dad's probate estate, then that portion could be... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
If the deed is owned as joint tenants, then your husband is now the sole owner and the house is not an asset of his father’s estate, so it doesn’t matter what the Will says.
If the deed is owned as tenants in common, then your husband now owns 50% of the house outright, and the other... View More
My husband and his father are on the deed to his father's house. His father died but the will says that all 3 kids get the estate. So that would mean all 3 kids would be on the deed when he passes. Since my husband was originally on the deed before he died, does that mean it's officially... View More
answered on Mar 2, 2024
It all depends on how the deed was written. If the deed gave the co-owners survivorship rights, the surviving owner would own it all regardless of what the Will said (because there would be no interest to pass through the Will as it would have automatically gone to the survivor). However, if the... View More
I have to sell my father‘s house due to the amount of debt he accumulated over the years. She hasn’t been keeping up with the mortgage payment, which is now three months behind. Can I sell my father‘s house while behind on payments? Do I need to give my father’s girlfriend, an eviction... View More
answered on Mar 2, 2024
Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More
My husband had a stroke a few years back I took care of him as he was 24/7 care at home for almost a year ,well in that year I was driving out car that was in his name and someone hit my car wrecking it completely,it had to be totalled out i was also hurt in this accident went to court, even though... View More
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answered on Mar 2, 2024
Firstly, my condolences for your loss. Dealing with legal matters after the passing of a loved one can be overwhelming. In your case, since the check is in your late husband's name, you'll need to follow certain procedures to cash it. You should reach out to the issuing party or bank to... View More
Its been a month, multiple copies and request have been sent. Only my disbursement is being withheld . Professionally and legally can he ignore me and withhold my court ordered proceeds?
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answered on Mar 1, 2024
Under California law, attorneys are expected to communicate with their clients and keep them informed about the status of their cases. If you have provided all necessary signatures for the release of disbursement and it has been court-ordered, the attorney should not withhold these proceeds without... View More
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answered on Mar 1, 2024
In South Carolina, the rights of a surviving spouse to heir property (property inherited by the deceased along with others, such as siblings) depend on several factors, including the presence of a will, the nature of the property ownership, and state laws on inheritance. If the deceased died... View More
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answered on Mar 1, 2024
If you're the spouse of a deceased person who was managing heir property, your rights to the property depend on several factors, including the laws of the state where the property is located, whether there was a will, and how the property was titled. Generally, spouses have certain rights to... View More
What steps do I take? How do I get my money? The property was sold but I haven’t received my half of inheritance. Can I do it for free? About how much does something like this cost to do? Do I have to prosecute the person to get my money?
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answered on Mar 1, 2024
You will have to hire a KY attorney that does real property litigation. It will be an expensive and difficult suit for Ejectment, Quiet Title, etc. where you have to prove title. But if that Will was not filed for Probate, it means nothing. There are stringent SOLs involved, so either file... View More
Can the children get the land put in their names , bypass the husband if he's with another and left county, destroy everything on land before leaving, one kid still stays on land and kept it from being condemned for everything the husband done prior to abandoning a junk yard, and sold... View More
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answered on Mar 1, 2024
In cases where a spouse dies without a will, known as dying "intestate," the distribution of the estate is subject to state laws. Generally, the surviving spouse is entitled to a portion of the estate, with the remainder distributed among the deceased's children. However, if the... View More
ly owned except car. i'm executor/personal rep of will. i've been driving it and paying the car loan and ins monthly since dec 2022. tabs are now expired. everything still in her name. lien on car. can't transfer title, not enough $$ for pay off. neighbor says i can register the car,... View More
answered on Mar 1, 2024
Well -- you COULD lie and claim to be your deceased mother, and renew the plates, but then you have to also lie to the insurance company and risk getting caught in insurance fraud .... etc. I'd suggest that isn't such a good idea.
Can you get new tabs for the car without... View More
I am contesting the will in CA probate case and can not find the information on how to request a trial date. Please email me your answer
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answered on Feb 29, 2024
In California Probate Court, when you're contesting a will and need to request a trial date, the process involves several steps. First, ensure that your contest or objection to the will is properly filed with the court. This involves submitting a written document outlining your grounds for... View More
For reference, I live in the State of Maine. My father passed away with no will or life-insurance. There are multiple estate debts which include the mortgage, small credit card debt, as well as back child-support he owed to California. If I were to go through with probate to secure the house, would... View More
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answered on Feb 29, 2024
You need to consult with an attorney in the County and State where your Father died. With that many debts, probate might be a disaster and should be avoided. Then again probate may be required to marshal up certain assets. Do not file this probate yourself, hire an attorney to file this or... View More
My greataunt passed a few months ago. We notified the creditors and tried to cancel all cards. She left a will but the money she had was used for funeral and medical expenses in the months she was sick. She did leave some land though. Can the heirs in the will inherit the credit card debt? I know... View More
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answered on Feb 28, 2024
According to Puerto Rico law, credit card debt is generally not inherited by heirs named in a will.
Specifically, Article 584 of the Puerto Rico Civil Code states that heirs are only responsible for a deceased person's debts up to the value of the property they inherit.
So if... View More
Inheritance? They have a home in Puerto Rico. Land in his name, but also showed her name in the deed. Thanks
answered on Feb 28, 2024
You are an heir at law of your mom, but not an heir at law of your stepdad.
Your sister is an heir at law of her mom and her dad.
If both of your parents passed simultaneously without a Will, you and your sister are each entitled to half of your mom's estate as her sole heirs... View More
the proceeds from the sale of the house?
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answered on Feb 27, 2024
When a property is co-owned and one of the owners passes away, the distribution of their interest in the property depends on how the deed is titled and the laws of the state in which the property is located. If the deed was held as "joint tenants with right of survivorship," then upon the... View More
He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More
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answered on Feb 27, 2024
You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can... View More
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answered on Feb 27, 2024
You are definitely a heir and a next of kin of your Husband, and possibly the sole heir. Consult with an AR attorney to determine heirship. An affidavit of heirship might need to be recorded as a source of title, or assist in transferring car titles. Hopefully you will not need Probate to get... View More
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