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My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More 
answered on May 30, 2024
In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.
It would be very strange if... View More
My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More
answered on May 30, 2024
I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to... View More
The fraudulent parties made health care decisions against my wife's wishes, they made after death decisions against my wife's wishes. I legally held her MPOA and DPOA. I know these other people committed a crime acting as next of kin when they were not. I filed and served collection of... View More
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answered on May 29, 2024
I'm deeply sorry for your loss and the distressing situation you're facing. To address the fraudulent actions taken by those who wrongfully acted on your wife's behalf, you can pursue both criminal and civil actions. Start by filing a police report to initiate an investigation into... View More
I need to prepare the change of ownership for filing (Calif), but we are unable to find two of our brothers. Both are mental health issues. Is there a way to put the house solely in my name (it was my mother's wish, but she became ill before we could prepare a will and I wouldn't feel... View More
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answered on May 28, 2024
Here are some steps you can take to handle the situation of selling the property and distributing the proceeds when two heirs cannot be located:
1. File a petition with the probate court requesting to be appointed as the personal representative (executor or administrator) of your... View More
Four birth children and two adopted from his second marriage, all in our 50s and 60s. While my father was alive I kept asking one sibling if my father had a will, legal documents and what he wanted to have done with his house. My sibling refused to answer me every time. My father was in a... View More
answered on May 28, 2024
It appears that your father transferred title to one of your siblings. If you can prove that your father didn't have the requisite mental capacity, you may be able to sue to set the deed aside or recover your intestate share of the estate.
My husband is terminally ill with not very much time unfortunately. The house we live in is in his name only regarding mortgage and deed. He is also on Mainecare. He left me everything in his will but can Mainecare still come after the house?
answered on May 28, 2024
You need to consult with a lawyer who knows MaineCare rules. You may be able to transfer your husband's interest in your home to yourself if you have specific "gifting" authority in his Power of Attorney. Generally, gifts from a MaineCare member to their spouse are allowed under the... View More
She is not on any accounts, only he signed
answered on May 28, 2024
You should consult with a probate/succession attorney to discuss your rights,obligations and the best way to move forward. Presumably the credit card charges occurred before death and no probate or succession has occurred. I do not know the value of the husband's estate so a meeting with a... View More
She is not on any accounts, only he signed
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answered on May 27, 2024
If a widow's husband had credit card debt and she is not on any of the accounts, she generally isn't responsible for his debt. Since only her husband signed for those debts, they are considered his individual responsibility. This is especially true if the debt was incurred in Louisiana,... View More
I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More
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answered on May 26, 2024
First, I am sorry to learn your dad passed away. It's not a simple situation anytime.
As to your question, I'd need to know a lot more about the particulars. I take it he was a resident of NJ and died in PR on vacation, visiting relatives, wintering, etc. This happens a lot in... View More
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
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answered on May 25, 2024
Based on the details you provided, it seems like there are a few issues at play here:
1. The original closing date of May 7, 2024 has passed without the escrow being able to close. This could be due to various reasons, such as issues with funding, title, or other contractual obligations not... View More
Agent asked if I was ok signing new contract, I said no twice. New contract wrote up with different begin date and extended close date. I haven't signed . Sent by a different person
answered on May 27, 2024
Thank you for your question!
A valid contract needs mutual assent. This means that unless you sign the agreement, no contact is formed. However, to protect yourself, in a conspicuous language in writing, communicate to the agent that you do not want the agreement to be formed. This way you... View More
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answered on May 24, 2024
Under California law, whether you need to file for probate depends on the total value of the decedent's estate. If the estate is valued at more than $184,500, probate is typically required to legally transfer ownership of the property to you. This process ensures that any debts or taxes owed... View More
If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?
We would want the deed to list all owners as "joint tenants".
Would we have to add to the deed that the married... View More
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answered on May 23, 2024
Under California law, community property generally refers to assets acquired during marriage, but inherited property is considered separate property unless commingled with community assets. If you inherit property and want to ensure it remains separate, it's important to clearly state this... View More
If one of the beneficiaries for the house is married, would the spouse of the married individual be entitled to the property via community property laws (CA)?
We would want the deed to list all owners as "joint tenants".
Would we have to add to the deed that the married... View More
answered on May 25, 2024
Thank you for your question!
1. The property that is obtained through heritage is separate. In California, the tracing method is used for the classification of the properties as community or separate. When tracing back the source of the property (here it is heritage), comes from a separate... View More
I am the only living blood relative and I signed her death certificate. How do I challenge the probate or find information about another will.
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answered on May 22, 2024
Has any will been filed for Probate? If not you can petition the Court to Probate her Estate as Administratrix. Then if any Will comes up, at least you will be ready to contest it if grounds can be proven. If a Will has been filed, then either contest it or give up. Hire a TN... View More
They are requesting I get a court order for guardianship of a minors estate. Can I do this myself or do I need to contact a lawyer? What should my next steps be?
answered on May 22, 2024
My experience with insurance companies is that 1) they usually hope to delay payments out as long as possible, though they demand immediate payment of premiums, and 2) the quickest way to get payment if for a beneficiary to give them what they want (they have armies of lawyers on the payroll.... View More
Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm
answered on May 22, 2024
Actually, the first document that you require would be the deceased's death certificate. A will subscribed outside Puerto Rico may or may not comply with Puerto Rico rule of law, and it may be simpler to just file a Petition for a Declaration of Heirs from the Puerto Rico courts, given the... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
An attorney would need to actually see the wills in order to render an opinion as to validity, and ultimately the probate court decides whether a will is valid, but based upon what you stated, they are most likely not valid. In Tennessee, as in most other states, two witness signatures are... View More
there notirized by personal friend county clerk, tn. however no witness signatures. signed 2018 do i have legal will?
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answered on May 22, 2024
The possibility of Holographic Wills might be present if handwritten. But two Wills identical implies a contract to make both Wills. Unless there are serious reasons to file Probate, Intestate Succession is probably what should happen here. Consult with a good lawyer.
Can I get check reissued as payable to me as personal rep? or reissued as payable to deceased OR me? or is there something else you recommend. Bank won't cash with just deceased on "pay to" line even after showing death cert.
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answered on May 21, 2024
In California, if the total value of the deceased person's assets (including the check) is less than $166,250, you may be able to use a simplified process called a "small estate affidavit" to claim the assets without going through probate. Here's what you can do:
1.... View More
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