Neville Bedford's answer If nephew is the beneficiary of the Husband's will, he will have to file the will in the probate court. Meet with and retain an experienced probate attorney to assist in your quest.
Neville Bedford's answer The surviving spouse of a decedent who dies domiciled in this state has a right of election that is not defined in finite dollar amounts. Review Rhode Island intestacy laws at your leisure, and/or hire a practicing probate attorney to assist in the proceedings. see: http://webserver.rilin.state.ri.us/Statutes/TITLE33/INDEX.HTM and particularly http://webserver.rilin.state.ri.us/Statutes/TITLE33/33-28/33-28-1.HTM
Neville Bedford's answer Sorry for your loss. Consult with a local probate attorney to review all of the facts (and review his will if he had one) and decide if his estate shall have to be probated. If the $1500 is the only asset, it may go through as a small estate and there is a simplified process for that type of case.
Kenneth V Zichi's answer This depends on how the will was written. If the house were given as a specific bequest, then no, probably not. If the money were given as a specific bequest and the house as a 'residual' item, then maybe, but it depends on the nature of the expenses paid.
Bottom line, you need to take all the documentation to a local estate and probate lawyer to review. State law may have an impact on the determination, and the wording is critical. That analysis is beyond the scope of what is possible...
Ben F Meek III's answer If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your...
Kenneth V Zichi's answer If there is no joint owner, AND not payable on death designation, then yes, upon death, it becomes a probate asset and needs to be handled accordingly.
--This answer is provided for informational purposes only and does not create an attorney - client relationship. If you need legal advice you should consult with a local attorney. I am licensed to practice in Michigan only.
Neville Bedford's answer Talk to your attorney. They will explain the time necessary for creditors to make any claims against the estate (usually six months) and the other tasks necessary to bring the matter to closure.
Kenneth V Zichi's answer Unless there is a lease or something in writing like a will or trust that offers such a right, there isn't one. The estate's personal representative/executor has an obligation to sell the property for as much as is practical to benefit the estate. The current occupant is the first obvious choice to see if they are willing to pay an appropriate amount of money, but that is up to the personal representative ...
-- This answer is offered for informational purposes only and does not...
Neville Bedford's answer Where is your father? He should be the first one to do something about this.. .unless he is no longer with us. If that is the case, speak to the attorney handling his estate and the trustees.
That phrase has a specific meaning in state law, but generally it means not only all the persons named in a will, but also 'heirs at law' and even creditors in some contexts.
Seek local legal representation ... none of this is as 'straightforward' as it may appear, and an ounce of prevention will save many tons of cure later on. The cost of a good local attorney will offset its expense many times over in most cases.
Neville Bedford's answer The attorney handling the estate in the Probate court in the town where the person died and usually where the property is located will be best suited to explain the circumstances when a cy press order MAY be entered and under what circumstances such a deviance may be allowed by the court/Judge hearing the case. So, make sure the heir/executor/executirx finds and experienced attorney to work with to avoid unnecessary complications.
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