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A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More 
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answered on Jan 1, 2024
In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More
Ive been living at a house for 9 of the last 11 years the owner who owned this house passed away back in june there was no will and his sister, next of kin filed for probate while it was still in probate she served us with a notice to quit in the notice to quit it doesnt state why she served us... View More
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answered on Jan 1, 2024
In situations where a property is in probate, it is possible for eviction notices to be served, especially if the person handling the estate (such as the deceased owner's sister in your case) has the authority to manage the property.
However, the validity and enforceability of such... View More
To go to another program like six months at probation detention center
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answered on Jan 1, 2024
In Georgia, if your sister is currently waiting to be placed in the Residential Substance Abuse Treatment (RSAT) program but wishes to explore alternatives like a Probation Detention Center, there are legal steps that can be taken.
First, it's important to consult with her attorney or... View More
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answered on Jan 1, 2024
In Colorado, the process of eviction can be affected by the status of the property in probate. When a property owner passes away, and the property is in probate, the legal transfer of ownership to heirs or beneficiaries may impact the eviction process. Generally, the personal representative or... View More
My question is I guess would be the ex girlfriend took everything out of house and vandalized his house they went as far as taking plug in the walls and cut and took wires and copper. They took ac unit and the central ac unit inside cleaned out the barn and garage. In the will it stated that she... View More
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answered on Jan 1, 2024
You have been wronged, for certain, and for most wrongs there is a remedy. The remedy in this case is the executors of your dad's estate can sue the girlfriend for theft and conversion. You can require her to either return the stolen items or pay the estate for the value of them. The... View More
Under IRS rules, if someone inherits a house but does not live in or sell the house for a number of years, then capital gain tax is due on the increased value of the house from the time of inheritance until the house is sold. Is this rule the same if a child inherits a house from a deceased... View More
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answered on Dec 31, 2023
In Louisiana, the concept of usufruct, particularly in the context of inherited property, can indeed influence the calculation of capital gains tax when the property is sold. Usufruct is a legal right that allows someone to use and benefit from property they do not own, often seen in situations... View More
Deed, still in grandmother's name. The probate was closed. I recently received notice from court of unpaid taxes and liens if I pay taxes and liens how do I transfer deed to me? Do I have to reopen probate?
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answered on Jan 1, 2024
Based upon the facts you have provided, it looks like the buyer bought and paid for the property but failed to record the deed. That does not mean that your grandmother's estate still owns the property. All that means is that a public record of the transaction was not made. The deceased... View More
Spouses were living separately. Can the wife have her deceased spouse's mail forwarded to her home?
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answered on Dec 31, 2023
In Michigan, as in most states, the process of handling a deceased person's mail is governed by specific legal and postal regulations. As a spouse, you have certain rights, but these need to be navigated carefully, especially if you were living separately at the time of your spouse's... View More
My stepmom said we are to our father's passing is $800000 now. She hasn't reached out to us in a timely matter. Should we get an attorney and also, what would he die without a welcome? What do you think the money's ad was a hole held
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answered on Dec 31, 2023
In your situation, where there is a significant inheritance involved and some uncertainty about the distribution of assets after your father's passing, it's advisable to consult with an attorney. Legal guidance is especially important if the estate distribution seems unclear or if you... View More
My husband and I legally separated in California. The process had a stipulation in the property settlement that provided each with funds individually. He died in another state. Do my funds have to be part of probate or can I claim them through motion to claim surplus funds (funds were... View More
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answered on Dec 31, 2023
Under California law, if the stipulation in your property settlement explicitly granted you funds, these funds typically are considered separate from your late husband's estate. Therefore, they may not need to go through the probate process. It's important to review the specific terms of... View More
Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute.
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answered on Dec 30, 2023
In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings,... View More
Married only to each other and 5 biological children together.
answered on Dec 30, 2023
It depends on what the wills say. Sometimes wills contains "survivorship" clauses. If there is no such clause, then the default section of the Texas Estates Code says one spouse would have to survive the other by 5 days in order to be considered to have survived. So, under the default... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Jan 1, 2024
You really need to act fast and retain an experienced Probate attorney who will act to protect your interest. You should also consider the attorney's reviews. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally... View More
Mom died, had annuities. Didn't want to leave my sister anything. Told so many people even her advisors she wants nothingto do with her. My mom stopped talking to her almost 5 years.
In a case like this, my sister is suing me for the annuities. Could I fight this in court? My mom... View More
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answered on Dec 29, 2023
In the absence of a designated beneficiary on the annuities, the distribution of your mother's assets, including the annuities, would typically follow the laws of intestacy in New Jersey. These laws determine the heirs and their respective shares. If your sister is taking legal action to claim... View More
What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.
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answered on Dec 29, 2023
If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More
A relative left a boat as part of his estate. We cannot enter a probate right now due to finances, and the boat has dock/maintenance fees that are quickly becoming a burden. Can we sell (or even just junk?) the boat without starting a probate?
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answered on Dec 29, 2023
In California, handling an estate asset like a boat without going through probate can be challenging, but there are some options you may consider. Generally, probate is required to legally transfer ownership of assets from the deceased's estate to the beneficiaries. However, under certain... View More
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the... View More
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answered on Dec 29, 2023
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death,... View More
I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More
answered on Dec 30, 2023
Unfortunately, you will need an order from a judge for the check to be reissued to an individual, not the estate. If you or anyone else paid funeral expenses or final medical bills out of pocket, you can file a disposition of personal property without administration for which the clerk of court... View More
I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More
answered on Dec 29, 2023
I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to... View More
My mom received an inheritance from a living trust while married but that inheritance was used to purchase new furniture etc and down payment on their manufactured home no will was created although my grandmother had paid for one to be drawn but I believe my stepdad coerced my mom not to have one... View More
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answered on Dec 28, 2023
In the absence of a will, the distribution of your mother's estate will likely be governed by the intestate succession laws of California. In California, when a person dies without a will, the surviving spouse is typically entitled to a significant portion of the estate. The specific share... View More
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