Will was wrote 10 years ago when my son was underage . His father and stepmother had started divorce proceedings . Can will be challenged ?
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answered on Jan 30, 2020
Yes, in most states a child born after a will was made can challenge the will and claim the share of the estate he would have received had his parent died without a will. Also there are often family allowances in addition to that. You should contact a probate attorney near where the child's... View More 
And then tell my little sister to burn my dad's will! And I don't know if the estate is in probate or not because my mother would not let me see my father's will
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answered on Dec 27, 2019
I think you know in your heart that what your mother and sister did, if true, is illegal. You can hire a probate attorney to help you rectify the situation but be prepared for the problem of proof. You will need evidence to prove your claims.
Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... View More
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answered on Dec 15, 2019
Do you have a question?
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answered on Dec 13, 2019
You should hire a probate attorney to help you petition the probate court to appoint you as executor.
Property comes in to the estate. Who gets it. My Fads stepson got all of the estate we got zero. We didn't even get notice. Stepson raised to be a lawyer too, go figure. What to do?
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answered on Oct 21, 2019
It sounds like your dad’s will left everything to his stepson. If you do not think that is the case or if you have other concerns you should make an appointment with a local probate attorney.
Her sister is the personal representative and has always found a way to cheat her dad out of money. She is a gambling addict and an alcoholic and we know that she is draining the many different bank accounts and can prove it.
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answered on Sep 24, 2019
Probate proceedings are all open to the public. You can look at the file. You can attend hearings. Nobody has the right to exclude you.
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More
answered on Aug 29, 2019
The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.
The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be... View More
My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... View More
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answered on Aug 23, 2019
Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are... View More
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answered on Aug 23, 2019
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a... View More
This was not done for medical reasons.
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answered on Aug 23, 2019
No. A financial power of attorney does not confer that kind of authority on the attorney in fact, but there is not way to say with 100% certainty without reviewing the POA.
I cared for my Father for the past 14yrs until he passed. Spent 85% of my time with a my father making sure he took his meds and insulin and also took him to almost all his doctor appointments and surgeries. We pretty much did everything together. I have witnesses to her making these statements... View More
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answered on Aug 10, 2019
You might have grounds for suing your step mother for breach of contract. It sounds like there was an agreement and it was supported by consideration. The fact that there are witnesses to her promise is very helpful. Seek out a contract litigation attorney in your area.
My father died just weeks after remarrying. The Will does not list his new wife. She brought nothing to the home. With a will, and with Washington being a community property state, does she automatically get 50% of everything? I know she should get something, but that doesn’t seem right for her... View More
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answered on Aug 10, 2019
Under the laws that apply when there is no will the spouse would inherit 100% of the community property, which is property acquired during the marriage. There was hardly time for that so I am guessing there is virtually none. When there are children the spouse inherits half of the separate property... View More
I am trying to help a friend who is elderly. She wants to get her affairs in order and needs a will. Is this available as a free service?
answered on Jun 24, 2019
Usually attorneys charge to prepare and execute a will and the other necessary documents such as a durable power of attorney, health care directive or living will and a health care power of attorney. Some attorneys may offer discounts or payment plans to assist a person who has lower income or... View More
Dad was living 7-8 yrs in a care home outside of OH. House in OH, he never sold it. "Original will" was not found only a copy which I am not named. I am informed by family, to get a probate lawyer. I live across the country. What do I do?
answered on Mar 10, 2019
The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.
If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate... View More
The executer lives in Washington state. Can the will be filled as a simple probate in Washington state?
answered on Mar 1, 2019
Your question is registered on Justia in Washington, so you're likely to get Washington lawyers answering it. To start with, we have to back up to Alaska and find out if a holographic will is valid.
I see Alaska Stat. § 13.12.502 as allowing holographic wills, a will can be... View More
The sole owner of a Washington State C-Corp dies. The will is entered into probate and names 1 of 3 equal beneficiaries the Personal Representative with non-intervention powers.
The assets of the estate consist mainly of proceeds from the sale of the house and the business which has been... View More
answered on Mar 1, 2019
Your situation is a bit complex for a website answer. You should speak with a local probate attorney to protect your interests as a beneficiary.
Shutting down a branch, may or may not be a good business decision. The PR needs to be careful to distinguish his or her roles. As a PR, there... View More
inherited while they were married. He is not on the deed. There are 7 children. 4 from her previous marriage and 3 from her current marriage. My sister says the 4 from her previous marriage are entitled to 1/2 of the estate, but the 3 from her current marriage are not entitled to anything. What is... View More
answered on Nov 1, 2018
When somebody passes away without a will, their heirs are determined by what are called the laws of intestacy. Washington's can be found at RCW 11.04.015 (http://app.leg.wa.gov/rcw/default.aspx?cite=11.04.015).
There will be a question about whether the home is separate or community... View More
Mother had no debt. House was sold when she went into Memory Care Facility. She had CD's, and savings account. It took sister 4 months to send letter from attorney regarding the trust. Monies to be divided equally among 3 siblings. It's been 10 months since death and no word on... View More
answered on May 1, 2018
If you got a letter from an attorney representing the trust or your sister as trustee, I would try reaching out to that lawyer to check on the status or hiring a lawyer to do it for you. There are any number of reasons it could be taking this long.
He remarried when she was 3. No other children. The wife prevented contact and cut off contact with his daughter when he became ill with Alzheimer.
answered on Mar 7, 2018
I would suggest that the first thing she do is try to figure out if her father's estate was probated and whether he had a will.
My mother & I are two beneficiaries on my Grandparents Will, they passed, and the estate is ready to be closed, but she is saying since we were not allocated a set amount of money she can invest it all and keep it for herself. is this legal? can she make it so I get nothing since they... View More
answered on Mar 6, 2018
The executor has to follow the will. So it would depend on what the will said. It would be very strange for the will to not specify the share of the estate that each of you were to receive.
For example, wills commonly say something to the effect of: "to my children, but if my children... View More
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