Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
They had no kids 2gether. She had a couple from previous marriage & he had my husband.
FIL just passed, Step-mom wants to see & move closer to kids near Bradenton. Does my husband get half of house now or after she passes say 20 yrs from now? If she doesn’t volunteer the money, my... View More 
answered on Feb 27, 2024
This answer is based on Florida law. It sounds like you are asking about an inheritance. The first thing to do is read the documents (perhaps a will) that states what is supposed to happen with the property. If step mother brings papers to sign either read them carefully or tell her that you want... View More
I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More
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answered on Feb 26, 2024
In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More
the will reads i get it all he owed back child support
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answered on Feb 26, 2024
If you have read a Will that has been admitted to Probate, and you are a significant beneficiary, then hire an attorney to represent you. The child support will be claims against the Estate. Where is the Will? If not probated, then you need to file it. Again, hire an attorney to represent... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 28, 2024
Here are the steps you can take to try to remove an invalid transfer on death (TOD) deed in California:
1. File a petition in probate court to revoke the TOD deed. Even though the county says the deed is invalid, getting a court order for revocation would provide the best legal backing.... View More
After a friend's death I found a transfer on death deed in his papers. Thinking I just needed to file it I did just that. He hadn't filed it before he died. Now the property can't be sold because of this. the probate court says it's not part of probate. The county accessor sees... View More
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answered on Feb 26, 2024
In California, a Transfer on Death (TOD) deed must be recorded within 60 days of the date it was signed to be valid. If you've filed a TOD deed after this period, and it's now causing issues with property transfer, there are steps you can take to address the situation. Since the probate... View More
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answered on Feb 27, 2024
Accountings are usually complicated matters. The Affiant makes a sworn statement about where monies have went, and incorporates bank statements, deeds, car titles, stock transactions, etc. as an Exhibit thereto. You need an OR attorney to help you prepare such a serious pleading.
She gave me power of attorney to write checks in her behalf and to oversee her account. But now that she's passed we didn't get the executor of the will and the will in time. She has no other assets no property no house no cars nothing
answered on Feb 26, 2024
The bank might or might not allow deposit of the insurance check. A Power of Attorney terminates when the person dies. So any use of that POA now would be unauthorized. If the bank won't accept it, ask the insurance company if it would reissue the check to an heir or beneficiary. If not,... View More
3 mos. Ago Everyone but beneficiaries have yet to receive our inheritance. Shouldn't we have gotten already?
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answered on Feb 25, 2024
Under California law, the distribution of assets from a probate estate, including proceeds from the sale of property, usually takes place after all debts, taxes, and administrative expenses have been paid. The process can be lengthy, often several months to over a year, depending on the complexity... View More
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answered on Feb 25, 2024
The statute of limitations for debts and lawsuits can vary significantly depending on the type of claim and the state in which the lawsuit is filed. Generally, for debts, statutes of limitations range from 3 to 15 years. This timeframe dictates how long a creditor has to initiate legal action to... View More
She was always nervous could never be alone from age 2. She sighned that not knowing what it meant. He can sell everything including the home property everything inside and out. Mom wouldn’t have willing do this we need help please.
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answered on Feb 25, 2024
If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or... View More
Her children or her husband/ not the father of her children.
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answered on Feb 25, 2024
If a married woman in California passes away without a will or trust, and had designated property as her sole and separate property, then under California's intestate succession laws the order of inheritance would typically be:
1. Her surviving husband would have a right to inherit... View More
Her husband that she separated from but no documentation/or her children / daughter in law/grandchildren. With no will or trust.
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answered on Feb 25, 2024
If a married woman in California passes away without a will or trust, and had designated property as her sole and separate property, then under California's intestate succession laws the order of inheritance would typically be:
1. Her surviving husband would have a right to inherit... View More
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answered on Feb 24, 2024
Creating a petition for the voluntary resignation of a trustee under a revocable trust in California involves several legal considerations. The petition should clearly state the petitioner's name, the name of the trust, the reason for the resignation, and any proposed successor trustee, in... View More
My sister used my parents credit cards etc..
She has taken everything of theirs and is a hoarder who is trashing the house.
It is a small estate but she is taking everything, she lived there for over 20 years.
She does not work and lied to the court to put an RO on me.
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answered on Feb 23, 2024
Under California law, if your sister is charged with stealing from your parents' estate, she may indeed risk losing her rights to the estate. The court may consider her actions as a breach of fiduciary duty and may revoke her rights as a beneficiary. Additionally, if she is found guilty of... View More
I know that she has money in the estate.
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answered on Feb 23, 2024
In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More
He was living on the property when he died what are my legal rights concerning any personally belongs left on the property (clothes furniture tool ECT.)
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answered on Feb 23, 2024
In a situation where you co-owned property in Missouri with another person with rights of survivorship, and the other co-owner has recently passed away, your legal rights concerning any personal belongings left on the property may depend on various factors. If there was a will outlining the... View More
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answered on Feb 23, 2024
In the absence of a designated beneficiary form for a 401(k) plan, the distribution of the funds will typically follow the plan's default provisions and legal regulations. Generally, the spouse of the deceased individual is considered the primary beneficiary by default in many cases,... View More
in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More
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answered on Feb 22, 2024
It's essential to take immediate action to address the petition filed against your mother's property. Start by reviewing the petition carefully to understand the specific claims and allegations being made against the property. Then, gather all relevant documents related to the property,... View More
She gave me her mobilehome right before she passed but before a will was made she passed I was one her poa before she passed along with my father who is her only living child left... I live at her mobilehome and have since a few months before her passing due to I came to take care of her.. I need... View More
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answered on Feb 22, 2024
In California, transferring ownership of a mobile home without a will, known as intestate succession, may not always require going through the full probate process, especially if the value of the estate is below a certain threshold. However, since there was no will and the mobile home was not... View More
Since 2017 trustee has overspent, sold property, never provided an initial account, violated my fiduciary rights, and has tried to take more than her %50 through exxagerated expenses.
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answered on Feb 22, 2024
In California, trustees are held to a high standard of fiduciary duty, which includes managing the trust's assets responsibly, acting in the best interests of the beneficiaries, and providing regular accountings of trust activities. If a trustee fails to fulfill these obligations,... View More
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