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Your current state is Ohio
I paid $300 for an expensive 3 pc leather living room set..mint condition internals, structure, springs, cushion, but scratched sitting area & shredded back from cat. I bought it from friend(he paid $5k+ new 10-15 years ago..very rarely used). He moved & new furniture fell though & he... View More 
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answered on Dec 13, 2023
Yes, mom is responsible for returning borrowed property to the true owner. Your remedy depends on a lot of other factors not covered in your narrative. For example, if she tries to list the item in a probate inventory then you should object in writing filed with the court. If there is no probate... View More
I am the executor for my mothers estate.
The home he was left to him in her Will, but it has a mortgage debt on it. Fathers name is not on deed or mortgage.
Father is trying to assume current mortgage of my mother - his deceased spouse, with the remaining balance left.
In... View More
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answered on Dec 13, 2023
If this is a house, your father does not have to assume the loan. He can just keep making the payments. If he does not keep making the payments the lender will foreclose. He does not have to assume the loan to keep making the payments. Under federal law the lender cannot call the loan due when a... View More
For mortgage assumption, who coordinates the closing and updating the deed when it is an assumption and not a “new loan.”
Is it the lender or does the buyer find their own closing attorney? This is for a mortgage on the home of a deceased person. The deceased was the only name on the... View More
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answered on Dec 13, 2023
The title (what you are calling the deed) is updated by the probate process. When approved by the court (usually), the executor signs a deed transferring title from the estate to the heir(s).
If this is a house, you should know that none of the heirs are obligated to assume the loan, but... View More
His will further stated that upon his wife's death all money is to be divided 4 ways between myself, my brother, and our 2 step brothers. My step brother has a POA. The step mother is in assisted living with dementia. My question is: Does my step brother have to adhere to my dad's... View More
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answered on Dec 12, 2023
In this situation, it's important to consider the legal aspects surrounding your father's will and the role of the stepbrother with a power of attorney (POA). Your father's will is a legal document that outlines his wishes regarding the distribution of his assets, including the money... View More
My brother is the Administrator in my parents estate in Nevada. He isn't including me in anything. I would like to file a special notice request but do not have a lawyer. How do I go about it?
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answered on Dec 12, 2023
Filing a request for special notice in a Nevada probate case without a lawyer is feasible but requires careful navigation. Begin by gathering case information, such as the case number and jurisdiction, from your brother or the court clerk's office. Obtain the "Request for Special Notice... View More
The will of my late aunt is in probate. One person on the family tree, a cousin with a criminal record , who is not a beneficiary, will not sign a notarized form so I can get letters testamentary to settle the estate. We have not seen this cousin in 40 years. Can probate proceed without his... View More
answered on Dec 12, 2023
In most courts, you need to obtain jurisdiction over all necessary parties. If a necessary party refuses to sign the Waiver, then you have to serve them with a Citation to appear in court. After the waiver is filed or in this case, a citation is served in an affidavit of services filed. You can... View More
I am completing the Proof of Heirship for a fellow church member and friend. Her deceased aunt is listed as beneficiary on an insurance policy where the policy holder recently died. In my discussions with the niece, along with genealogical research on the family, there are three siblings, all... View More
answered on Dec 12, 2023
If you are not a licensed genealogist, and did not know that the student personally, I do not believe you qualify to sign the affidavit. The attesting person must know the decedent, and have personal knowledge of most of the information if not all. However, genealogist can prepare such a report and... View More
NJ has $781 in my dad's unclaimed funds and I am trying to establish ownership. The court in PA wants me to get a lawyer and file probate ($180). Any way to streamline this NJ process?
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answered on Dec 14, 2023
To streamline the process of claiming unclaimed funds in New Jersey as the sole survivor of your father, who passed away in Pennsylvania, there are a few steps you can take. First, reach out to the unclaimed funds office in New Jersey to inquire if they have specific requirements for heirs claiming... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You will want to take a look at the clerk of the court probate documents in the county where this took place, there should be status and resolution updates related to the home and other matters related to probate and assets. You may end up having to hire your own probate attorney if this is... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to... View More
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More
answered on Dec 11, 2023
You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More
We did everything by the book step by step it was accepted signed and sealed by the court that my 2 step sons and myself are the only true heirs. They still won't discuss anything about the account whats going on the process nothing. When we inquire we are ignored and they won't return our calls q
answered on Dec 11, 2023
You mention a "small estate affidavit," which, in Louisiana is not "signed and sealed" by the court. So, I am not sure how you all proceeded, but if you had an attorney assist with the succession process, then, please, reach out to that attorney to send a notice of... View More
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answered on Dec 11, 2023
You need to take care that both (a) the vehicles are insured as assets of the estate, and (b) you are driving them consistent with your duties as a fiduciary. If you are driving them to drop them off at a dealer for sale or you are driving them to and from a repair shop to be repaired to fix them... View More
We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More
answered on Dec 10, 2023
If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More
answered on Dec 10, 2023
Due to the particularities and legal requirements needed for a Declaration of Heirs in Puerto Rico, an attorney is highly recommended. That way, you can rest assured that the petition is filed correctly before the courts. Any errors could negatively affect the rest of the documents that are... View More
The conservator is not family and she’s selling my grandmothers whole estate and tryin to evict me from my home of 15 years owned by my grandmother. She’s also isolated my GMA no one can see her or speak with her without the conservator present
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answered on Dec 9, 2023
After filing a petition to remove and replace the conservator of your grandmother and her estate in California, the court will schedule a hearing to consider your petition. It's important to prepare for this hearing by gathering evidence that supports your claim that the current conservator is... View More
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answered on Dec 9, 2023
In California, if you believe that your aunt intentionally served notice of a hearing to the wrong address, resulting in the illegal acquisition of your mother's property, there are steps you can take to address this situation.
First, it's important to gather any evidence that... View More
Just to sneak 2 court through a spousal property petition that was based on only two bank accounts and my father's businesses names which I believe to be accounts that receive money every month for mortgages. How is it that my mom was never appointed because I showed up in court to show my... View More
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answered on Dec 8, 2023
In California, if an executor named in a will passes away before being formally appointed by the court and before administering the estate, the probate court typically appoints a new executor or administrator. This is done to ensure the estate is properly managed and distributed according to the... View More
My deceased parents were the Grantors & stepmother is the trustee. I've requested an accounting in writing but she refuses to say anything other than "the trust has grown". I have checked with county offices and she has gotten a loan using trust property as collateral. I'm... View More
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answered on Dec 7, 2023
Under California law, you have the right to request an accounting of a family trust if you are named as a beneficiary and have standing. If your deceased parents named you as a beneficiary, you are entitled to receive information about the trust's assets, liabilities, income, and expenses.... View More
Unfortunately my grandmother just passed and I’m helping my mother in getting everything organized. My grandmother has a will requesting her assets be split between her 3 children. The only assets she had when she passed is a checking account that my mom is joint owner on and some personal items... View More
answered on Dec 6, 2023
I am very sorry for your loss on the passing of your grandmother, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is generally no, if there are no assets in your grandmother's name alone, then no probate will be necessary,... View More
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