Hire an attorney right away. I have seen this scam before. After a period of time the statute of limitations expires and you lose your right to claim the money that was stolen by a relative that was supposed to turn over the money to you. You are an adult now and have the right to see all of the...Read more »
My mom has three children. Oldest is an addict, and have warrants in another state. Second child is currently incarcerated. How can I legally become executor of my mothers estate so I can carry out her wishes?
To save on costs, us 4 siblings are doing the house clean up, painting, items inventory to be sold off. One sibling has been keeping track of the hours worked on the estate (but hasn’t asked us to do the same, but claims she has been keeping track for us) doing all this and wants to pay us all an... Read more »
You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you...Read more »
I am sorry to hear about your brother's passing. Unfortunately, if he did not complete and sign the Will before two disinterested witnesses, it will not be valid in the State of Wisconsin. Based on the facts above, it sounds likely he died "intestate" meaning his assets will pass...Read more »
If you're on probation and you're accused of violating your rules of probation, you can be revoked. Generally probation officers will force you to sit in jail on a probation hold while investigating the allegations against you. If that hold is released, that's certainly a good...Read more »
Adult child was 59 years old and had seen his estranged mother 1 time since before he was a teenager. His father and stepmother raised him and he lived with them until he passed. He died and named his estate as the beneficiary of his 401k. He had a named beneficiary for life insurances and... Read more »
If he had no surviving spouse or children, yes, that is quite likely. THAT is why it is important for everyone to have an estate plan. Reason #1 (out of at least a dozen reasons), is to make sure your stuff goes to who you want.
My mother passed away and my father is mentally disabled (he does not have a guardian, us kids have been taking care of him). The only asset she had was the house. The house is in both of their names. I am wondering if it is possible to for the estate to be divided up by us three kids and my father... Read more »
It does depend on how the deed is worded but if a probate is required and her children are all your dad's children too, then your dad will get your mother's entire estate. Then when your dad dies, if he too has no will, the children will inherit everything in equal shares.
If there was a Will, it should have been filed with the probate office at the Courthouse in the County in which your Mother resided when she died. If a probate action was opened, it should be listed online in the Wisconsin Circuit Court Access system. You can go to their website and search using...Read more »
If your Aunt has a properly set up Trust, then the best way to avoid probate is often to have the assets pass through the Trust. I do not know the specifics of this situation, but it is possible that your Aunt set up the Trust but did not properly fund the trust (meaning she didn't transfer...Read more »
His name is Troy T Gambucci age 46. Died in Az, lived in Mn and Fl. He has 2 properties in Florida in only his name no liens. His mom, Pam Karahalios(Dickerson) age 69 lives in the house in Shakopee, Mn with him. He just closed on a house he owned March 6 and profit of $90k went into his business... Read more »
Hello, I am sorry to hear about the passing of your daughter's father. The previous advice you received is correct, if your daughter's father passed away without holding the real estate in Florida and Minnesota in a Trust, then a probate action will likely need to be opened in both states...Read more »
Your lawyer should tell you when the probate process has been concluded and the Court has closed the Estate. If you do not have a lawyer, you can check the status of the case online on the Wisconsin Court system website. You just need to know the case number, or the name of the deceased, and the...Read more »
You will need to look at the deed to determine how you took title to the land to figure out what to do next. I recommend you pay a real estate lawyer to examine it for you and then lay out your best options in this situation. If you and your brother own an interest in the property, and you hold...Read more »
If you have received Domiciliary Letters from the Court and have been appointed as Personal Representative for your brother's Estate, then you now have authority under state law to act on behalf of the Estate. This means you can now go about listing the home for sale, and or hiring a realtor...Read more »
Hello, I am sorry to hear about your Uncle's passing. If you want to become appointed as Personal Representative of his Estate, you will need to file an Application for Informal Administration, or an Application for Formal Administration to Open the Probate, as well as a Consent to Serve Form,...Read more »
You should check the terms of the trust, but usually the trust itself will pay the taxes while the home is being held in trust for the minor children. This could be altered by the terms of the trust, to say someone else must pay, but since the children are minors, it seems likely that the trust was...Read more »
I would check with the person in charge of the Cemetery to see if they have any rules about who is allowed to bury the ashes. Generally, I have had other clients say they were allowed to bury an urn in a burial plot they own. It sounds like your father has a double plot so he should be able to do...Read more »
Total value of her personal property approx $500 & a joint checking acct with sister & self ($1500). At time of death she was in skilled nursing facility & enrolled Care Wisconsin (paid monthly amount from only income of SS) & Medicaid. Her personal property could not be used by... Read more »
If you and your sister are your Mom's only children, and she died while unmarried, then you will be her only heirs under the laws of intestate succession. If you need to transfer the Bank Account to you and your sister, there is a simplified process for estates under $50,000 where you can use...Read more »
It is unclear to me from your question whether you and your sister are the only children of your mother. If it is just you and your sister, and your mother was unmarried when she died, then it is likely you and your sister are her only two heirs under the laws of intestacy. If your Mother executed...Read more »
Person has deed and abstract to house- without permission. They are not related or family. They are telling people they are getting the house. Children living did not okay this. Home owner has been deceased for 8 years. What can we do to make sure this doesn’t happen?
The value in a deed is in the recording of the deed - not the possession of the deed. You just can't write your name on a recorded deed and take the property. Assuming the deed was properly recorded, the only way to change title is to record a new deed. If any subsequent deed is fraudulent it...Read more »
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