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Your current state is Ohio
Myself my brother and step brother are the recipients of our parents estate, divided equally 1/3 each. Everything has been distributed except the house. My brother is Trustee, stepbrother is co trustee. Step brother is planning on useing a friend new to real-estate to sell the house. My brother... View More 
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answered on Nov 27, 2023
In California, as a beneficiary of the estate, you do have rights regarding how the estate, including the house, is managed. If your stepbrother, as co-trustee, is making decisions that you believe are not in the best interest of the estate or are potentially self-serving, you can take action.... View More
In early October, my mom passed away suddenly and unexpectedly. She didn't have a will. She lived in Pennsylvania, and I'm in Texas, so I have to do all this from afar.
The probate attorney told me I would need death certificates for her. A few weeks ago, he told me he would need... View More
answered on Nov 26, 2023
Determination of legal heirs where there is no Will is provided in the PA statutes.
Your PA probate attorney has this answer at his fingertips.
While it does seem that the brother's children would anxious to prove their entitlement to shares of his estate, it is best to give... View More
The insurance sent checks to my fathers name but we can’t deposit them, as we don’t have “official” probate estate open with the court.
We sent a demand letter to the insurance co to reissue the checks in my name, and they wrote back that it is “their policy” to only issue... View More
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answered on Nov 26, 2023
Under California law, a Small Estate Affidavit can be used to collect certain assets of a deceased person without formal probate, but it's not universally accepted by all institutions. While it worked for the bank and vehicle title, insurance companies often have their own policies.... View More
With death information provided by this online site which also connects deceased family members with their other relatives, may I use this information in place of a death certificate? Thanks for your previous response.
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answered on Nov 28, 2023
No, information from Archive.com and FamilySearch.com typically would not be considered an acceptable substitute for a formal death certificate in New York probate proceedings.
While these websites may provide genealogy information and death dates that they have collected, this informal... View More
Is it the law of California; that after satisfying all the conditions of 6454, the statutory adoption of a minor is established as a “legal adoption before the age of majority” and bestows upon that now adopted adult all of the legal rights, privileges, and acknowledgments of a legal adoption... View More
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answered on Nov 26, 2023
Under California law, Probate Code Section 6454 addresses the issue of inheritance rights in the context of adoption. This statute generally provides that an adoption severs the legal relationship between the biological parent and the child for the purposes of inheritance, unless the biological... View More
Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.
answered on Nov 26, 2023
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a... View More
As niece of a New York resident who died intestate and in petitioning for section 1310 Voluntary Administrator, must the filing include death certificates of the deceased parents as well as certicates for the deceased siblings, where only my parents had children? The only asset/liability is a $14k... View More
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answered on Nov 26, 2023
In New York, when petitioning for Section 1310 Voluntary Administration, it is generally necessary to provide a death certificate for the deceased individual whose estate you are administering. This serves as official proof of death and is crucial for the legal process. However, the requirement to... View More
answered on Nov 25, 2023
I am very sorry for your loss and please accept my condolences for you and your family at this sad and difficult time ongoing. You will want and likely need to work with a Florida Probate Attorney if you have not already spoken to one, your question was cut off so you will need to provide... View More
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answered on Nov 24, 2023
In Wyoming, the role of an executor in managing estate property can sometimes involve making decisions about who can access that property. However, the authority of the executor is not absolute and must align with the intentions outlined in the will and the law.
If you are a beneficiary of... View More
Unmarried spouse of 17 years dies suddenly without a will. He has a DBA business. After he died his brother helps my mom with arrangements. He ends up taking over the business. Out of good faith my mother hands him every title to every vehicle there is work vehicles included. Well one by one he had... View More
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answered on Nov 24, 2023
If your spouse passed away without a will, the distribution of their estate, including the business and assets, would be subject to the intestacy laws of the state where you reside. These laws determine how assets are divided among surviving family members in the absence of a will.
As an... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
answered on Nov 29, 2023
There are a number of legal issues here. First, no one can verbally give away rights to real estate. The law says that all transfers of real estate MUST be in writing and signed by the person who is giving up their rights to the property. So, any verbal statement your mother made about you... View More
My mother passed away recently without a will. The property has a reverse mortgage balance. We were given two options either to sell the house or refinance. Her residence was in co-ownership. Per the deed, she left her portion to her heir which is myself. My Aunt is asking for the property to be... View More
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answered on Nov 24, 2023
In California, when inheriting property, it's crucial to understand your legal rights and options. Since the property was co-owned by your mother, and you are her heir, you have a rightful claim to her share. Before signing over any part of the property, it's highly advisable to consult... View More
I am trying to transfer and register the car over to myself. I would like to know how I go about that.
answered on Nov 24, 2023
I’m sorry for your loss
The Power of attorney is no longer in effect upon your Father’s death
However, if he left a Tangible personal property list giving you the car or bequeath the car to you in his will you can get the car titled in you name
A Tag agency with that... View More
answered on Nov 29, 2023
If the person who named you in their trust has passed away and you are listed in their trust as the first successor trustee, you should be the trustee unless your sister's petition is successful. No one can successfully petition the court to take over a deceased person's estate simply... View More
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answered on Nov 23, 2023
Under California law, if the property is held in a living trust and you are the designated successor trustee, your role is to manage and distribute the trust's assets according to the trust document's terms. This is typically outside the scope of probate, meaning the court-supervised... View More
Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More
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answered on Nov 22, 2023
I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
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answered on Dec 3, 2023
Transferring assets from a deceased individual to another party can be a complicated undertaking. To safeguard against potential legal disputes in the future, it is advisable to seek legal counsel from a lawyer who can assist you throughout this intricate procedure. Furthermore, the lawyer can... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
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answered on Nov 21, 2023
No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More
I was notified after 6 months of his passing. The court never notified me, and they appointed a receiver.
His property has 2 county code violations. I'm currently the administrator of his estate.
I'm capable of resolving the violations and having the home and property... View More
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answered on Nov 21, 2023
Under California law, to remove a court-appointed receiver from an estate, you, as the estate's administrator, must petition the court that appointed the receiver. This petition should demonstrate your ability to manage the estate's affairs, specifically addressing the resolution of the... View More
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