Yes, If you are named to inherit the real property
What is your question? Pertinent facts involve: surviving spouse, children or deceased children; what kinds of properties and debts are involved; and did the Decedent have a Will? Without a Probated Will, the Heirs At Law own his real property, and the Next Of Kin own his personal property.... Read more »
With his consent, if removed as co-executor, can we stop the IRS from taking assets?
Hopefully you have not filed Probate yet. In any event you need a competent attorney to handle this. You are correct that the Brother should not be an Executor, and the Court will not have a problem with that. The Estate should not be victimized by your Brother's tax situation, but it could... Read more »
Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »
There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.
Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »
Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... Read more »
She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN
The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.
I am going to be in Tennessee soon and go to the courthouse, I'm her only child and need to be administrator because there is no will but the home and assets are just sitting there and I've been told people are going through her things and taking it out of the home! I truly do not have... Read more »
Any free legal help would be worthless and probably would not be available. You might search the title in the County of the home and determine who her Heirs were. The Heirs At Law probably own the home, but there may have been a Deed of Trust, or Mother may not have owned it. Property Taxes... Read more »
If someone has died with nothing in his or her name but an auto, you can probably collect it with a small estate affidavit. The local clerk's office, where motor vehicle title transfers are registered, has a simple one-page form for this.
She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... Read more »
Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... Read more »
the lien was from over a decade ago and I don't even remember what it was for. I am primary beneficary on her life insurance policies. should I do something in advance
After you deposit the insurance proceeds in your bank account, your creditors can get to it. Your mother could have prevented that by naming a trust as the beneficiary of her life insurance policy instead of you individually, but now that she has passed it is too late to fix that.
If you... Read more »
My brother fells he owns the house, but there are 3 other siblings involved and no Will. 2 out of the 4 siblings want to sell and obtain their share.
Hire a competent attorney to determine heirship, then record an Affidavit of such. Then file suit for a Sale for Partition in Chancery,
My parents passed away but didnt leave a will. 3 out of the 5 siblings want their share of the property. What is a simple way to go about this?
There is usually no simple way to marshal up your property from those who took it. Real Property is different in that it is there, but you may have to litigate it to possess it. An Affidavit of Heirship will put the world on notice of your Title, but only the Court can put you in possession or... Read more »
Plus all her personal belongings. She stated in her Will she did not want her daughters at her funeral. I have her journals that explain this. I want to know if I have rights? We lived together for 13 years. Her daughter's and sister broke into our home after her death searching for her Will.... Read more »
You did not say TO WHOM her Will leaves the 20 acres and the personal property. If you meant to say that she left those things to you, and assuming the will is valid, then, yes, you have substantial rights, and you should hire a probate attorney right away to collect everything that she left to... Read more »
Also request an itemized bill from an claimant
An heir is not entitled to these things, and most likely any such request will be denied. Most likely you will need to open a probate case and obtain letters testamentary or letters of administration in order to obtain information about the estate assets and creditors that you do not already have.
Longer Valid after death. There is roughly 100k in a bank account with no POD or anyone else on the account. The only other thing he owned was a paid for vehicle worth about 5k. And only has approximately $1,000 in debts. How do we go about removing the money to split between the two of us?
That amount of money will require a full probate before the bank will release the funds. You would be best served by hiring a probate attorney in your area to assist you with this. You are correct that the POA is no longer valid after death.
She also has an IRA for $20,000 approximately and $20,000 in the bank. Do we have to probate? McMinnville, Tennessee. There is a Will and two other parties in agreement.
If those are the ONLY assets of your mother’s estate, then you can probably get them transferred to the beneficiaries according to her will without going through a full probate. You should hire a probate attorney to assist you.
The cars are in the garage, and the house is full of furniture. I can not afford to keep this house while awaiting probate to finish. I would like to move the cars and contents to storage, inventory, and then sell in estate sale. Same basic thing for the cars. My homeowner rights seem violated by... Read more »
The executor or administrator of the estate has the obligation to safeguard the assets of the estate. If the house is not part of the estate and its going to be sold, the it makes sense for the executor or administrator to arrange to have the contents that are part of the estate moved to secure... Read more »
My partner of 20 years died suddenly. We never married but planned to next Spring. All of our assets are jointly owned with rights of survivorship except the house (approx value $170,000) which is in his name. House it fully paid for, no mortgage. He does have a will naming me as both executor... Read more »
You probably do not need a full probate, but the answer does depend on exactly how the will is worded. Most likely you can use a simplified court-administered process use the get the will recorded to evidence your ownership. A probate attorney in your area can help you with this.
My aunt took my mothers personal belongings and said she would distribute them half and half to me and my brother that was years ago she will not answer my calls. I would just like some of my childhood pictures in my mother’s belongings to remember her by. But my aunt refuses to give anything to... Read more »
You should consult with an attorney to determine your options. You may need to open an estate to probate assets or file a civil warrant for possession. But only after a proper consultation could an attorney give you counsel on what you can do.
My remarried father passed away. I know he has a will, but my step mom is dragging her feet or not planning on filing probate. His house was only in his name. The lawyer who wrote his will is deceased. What are my options and the deadlines to force her to file probate for his estate? She... Read more »
You have not stated whether there is anything in the Estate. Real Property rarely goes through an Estate. The home is owned by the heirs at his death. If there is sufficient equity or no deed of trust, the heirs could file a Partition Action now. Or you could file to administer the Estate if... Read more »
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