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I am in the process of buying property from heirs of an estate. Apparently the estate was still in probate and the lawyer is delaying the closing. Acontract was signed with all heirs agreeing to the sale and the price. The contract expires on October 31. The money has already been paid but the... View More 
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answered on Oct 22, 2024
You can hire an attorney to search the title and examine the Probate Case to evaluate it yourself. Sometimes some heirs are not cooperative, but could be persuaded. But sometimes the title is bad and cannot be properly conveyed. Claims may be affecting the solvency of the Estate, or... View More
Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More
answered on Oct 22, 2024
You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More
My Dad has a huge depot card and my sis is a card holder. Recently the fridge broke and then the microwave. She bought new ones, BOTH charged to home Depot with the credit card. I had found a cheaper microwave at Walmart but she insisted it come from home Depot. The fridge was over $3000. Does she... View More
answered on Oct 22, 2024
A cardholder who is an authorized user of someone else's credit card is not the person legally responsible for the debt. The account holder is responsible for the debt and can authorize whomever he likes to make charges on his credit card account. Since you are not the account holder, you... View More
A close friend of mine is incarcerated, since he has been in jail his father has moved into his house without his permission. He is trying to rent the house out in order to keep it up and have the taxes paid. The house is paid off. He asked me to go to the magistrate and file an eviction notice... View More
answered on Oct 22, 2024
To answer your initial question, no, you cannot file an eviction for your friend unless you are his attorney. Also, like the other answer says, your friend probably isn't the record owner of the property if the public record still lists his grandmother. Even if the grandmother had a Will that... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
If you have an interest in a California’s decedent’s estate, then you will want to retain a California attorney who practices in the field of orobate and trust administration and litigation to assist you in evaluating your rights and directing you how best to proceed.
If the California... View More
Was contacted by an estate lawyer of my father’s estate apparently which she referred me to another attorney and which I haven’t got any kind of information about anything. They don’t return my phone calls or emails..
answered on Oct 20, 2024
For an estate in California, you need a California licensed attorney. You may be able to find an attorney in Nevada who is also licensed in California. You can try your local Bar Association to see if they have a lawyer referral service that can find you one. If not, you can try the website of the... View More
to put the property in a family trust. What needs to be done to accomplish this ?
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answered on Oct 17, 2024
Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More
I have two siblings and my sister died owning land. I want to sell it.
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answered on Oct 13, 2024
Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More
I have two siblings and my sister died owning land. I want to sell it.
answered on Oct 14, 2024
Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More
I have two siblings and my sister died owning land. I want to sell it.
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answered on Oct 14, 2024
I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her... View More
My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?
answered on Oct 11, 2024
If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More
The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok
answered on Oct 11, 2024
Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More
My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More
answered on Oct 11, 2024
Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More
When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More
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answered on Oct 9, 2024
If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an
Affidavit of Heirship. As one of the owners, or the owner, you can... View More
My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?
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answered on Oct 8, 2024
I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More
answered on Oct 8, 2024
That isn't a question, but a will won't 'get you into an account' you still need letters of authority.
Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?
There may be other ways to proceed, but if... View More
My mother found out that she was left out of an inheritance. There is land in Puerto Rico that belong to her Grandparents and her father and his siblings. Her dad passed away when she was young, but her dad was the eldest son then came all the other siblings. Her uncle was the only child still... View More
answered on Oct 7, 2024
Your text does not detail how your mother found out about her inheritance. First off, you would need to identify the real estate property in Puerto Rico, procure either a title study or registry certification for the property to understand whether or not it still remains in your grandparents'... View More
Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More
answered on Oct 7, 2024
If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More
I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More
answered on Oct 2, 2024
If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More
I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More
answered on Oct 2, 2024
If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.
If there are discovered assets or if further... View More
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