Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
How is it distributed? I'm thinking 50% goes to the 1st cousin and 50% goes to the 11 others right?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
No, that is not how the estate would be distributed in California if there is no will and the deceased has 4 first cousins and 11 first cousins once removed as heirs. Here is how it works:
California intestate succession laws specify the distribution when someone dies without a will goes as... View More 
I'll be brief, today is day 29. Aunt died years ago, mom was designated beneficiary of eatate and 1/2 listed executors in will, can't find other. Mother since died, father received notice of abandoned funds (final disability benefits), 30 day notice. Assuming since the funds were... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
A few key considerations:
- If your mother was named as the sole beneficiary on assets that passed outside of probate (like life insurance or retirement accounts), then typically the money would go to her estate upon her death. As her spouse, your father may be entitled to some or all of... View More
I am petitioning to replace my brother's currently (publicly appointed) limited conservator with myself as conservator. The current conservator is open to handing the responsibility over to me. I have hired a service to help me prepare documents to submit for a petition to become conservator.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, it is possible to petition the court to replace a conservator without the current conservator first resigning. The process involves filing a petition with the court that oversees conservatorships, outlining the reasons why a change in conservatorship is in the best interest of the... View More
answered on Feb 21, 2024
The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
If a will has not gone through probate and a house that was part of the estate was sold a month ago, there are a few factors that determine when the beneficiaries would receive their share:
- Who sold the house? If it was sold by the executor without going through formal probate court, they... View More
Stare of California.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, the next of kin generally refers to the closest living relatives of a deceased person who are entitled to inherit their property if there is no will or other estate planning documents specifying beneficiaries. If your sister, who was the named beneficiary of your... View More
I think there is a higher offer and they are waiting for escrow to expire
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
If you suspect that the delay in closing the sales contract is due to a higher offer, it's essential to communicate your concerns with your real estate agent or broker. They can provide insights into the status of the transaction and any potential competing offers. Additionally, you may want... View More
My half sister is a POA of my mother and she had her daughter sign it as a witness and also she had someone else sign it as a witness that is a false name that she put on it as a witness. What can I do about this?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Yes, there are a few issues with the power of attorney (POA) document you described that could potentially make it invalid under California law:
1. Family member as witness - A blood relative or spouse of the agent named in the POA (your half-sister) is not eligible to be a witness in... View More
Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More
My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024
There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.
But you can contact an attorney in your area yourself... View More
My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
First, it's important to gather all relevant documents related to your deceased mother's property, including her will, death certificate, and any other legal documents. Review these documents carefully to understand your mother's wishes regarding the property and to confirm your... View More
so the realtors office took care of it.
Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?
Can I send a quick claim deed to the... View More
answered on Feb 19, 2024
If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.
If there is property in the estate it isn’t ‘done’. If you want a second opinion you... View More
Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More
answered on Feb 19, 2024
If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting... View More
Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024
The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More
My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More
answered on Feb 19, 2024
Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.
These don’t show on my credit report
answered on Feb 19, 2024
More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More
These don’t show on my credit report
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
As a widow at 71 with limited assets, you may have options to address the credit card debt incurred by your deceased husband. Since the credit card debts do not appear on your credit report, it suggests that you may not be legally obligated to repay them, especially if they were solely in your... View More
I need to make distributions from the estate that I am executor of. the court order named beneficiaries by their names so in their personal capacity. The beneficiaries want me to wire money to their trust accounts. one has a living trust and the other has a special needs trust for their adult... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024
Under California law, the distribution of estate assets must generally adhere to the terms outlined in the court order and any related legal documents. If the court order specifies distribution to the beneficiaries in their personal capacity, wiring the funds directly to their trusts may not align... View More
answered on Feb 16, 2024
The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.
If it has been long enough, the entity may have turned... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2024
In New York estate planning and probate, a citation in the context of a will is a legal notice issued by the court. This notice is sent to distributees (potential heirs and other interested parties) to inform them of the probate proceedings and to give them an opportunity to appear in court if they... 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.
