Your current state is Illinois
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I have her last will and testament naming me as her attorney-in-fact (agent). Her will was never lodged with the county because she died March 20, 2020, ten days after governor Polis declared state of emergency due to the pandemic, closing most govt offices. My mother had no probable assets at the... View More 
answered on Jun 23, 2023
Getting the Court document naming you as Personal Representative is usually a pretty straight forward process. You will need to go to the court and file a probate case. You can get the forms for a small fee at the courthouse or for free online at the state judicial website,... View More
But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... View More
answered on Sep 27, 2021
It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More
My parents passed away just over a year ago in August 2020. My sister is the trustee and I am just a beneficiary. She hired an attorney and we are near the last stage of closing the trust. The law firm is in the process of putting together the accounting and keep telling my sister that... View More
answered on Aug 30, 2021
Your sister needs to tell the law firm exactly what you said here, i.e., that they are the cause of the delay and she needs the document by the end of the day tomorrow. Other than that, your sister can just show up at the law firm and take a chance that they're open (due to COVID many people... View More
I travel from New York to Ft.Lauderdale to get the probate of deceased relative started.
answered on Aug 3, 2021
Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially... View More
Due to Covid and mom's progressing condition, she is no longer living with dad in their shared home. Dad controls rents from RE rentals, and has made more money than mom. He will not pay for any care. My sisters and I are struggling to pay for mom's care. I have power of attorney to... View More
answered on Jul 22, 2021
I'm sorry to hear about your situation. I am not a family law attorney, but I can tell you this: Your mother owns half of the community property in the marriage and all of her separate property.
Community property is property that was earned during marriage (assuming there is no... View More
She (my mother) tells everyone that it's his house ...he gives her money when he can hes an artist (tattoo):and covid has put a huge issue as business goes but he does wait on her hand and foot ....can she kick him out with no notice no nothing no eviction papers
answered on Jul 21, 2021
If the proper eviction process is not followed, then he could sue her for unlawful eviction. It sounds like she needs help. If she is not mentally competent, and she has not executed a power of attorney, then someone might need to apply to become her guardian. Use the Find a Lawyer tab to... View More
I need to know if she can legally do this. I bought the policy, paid for it, signed all the paperwork. It took us months to file the claim, and just as the check was issued she had her lawyer call to declare her as “the contact”. This would not have happened as it did if our agent was involved,... View More
answered on Jul 13, 2021
I'm sorry to hear about your situation. If you have already demanded the executor repay the money she has inappropriately taken, you can have a lawyer send her another demand letter. But my guess is that you will need to file a Petition in the Probate Court. Once a probate matter has been... View More
will created and signed in California for a now Wisconsin resident
answered on Jul 8, 2021
That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... View More
But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus
answered on May 26, 2021
It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... View More
My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... View More
answered on May 12, 2021
Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... View More
mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.
answered on May 3, 2021
If she’s mentally competent she can sign a will and powers of attorney (Health Care POA and financial/general) but it gets tricky organizing witnesses and a notary public (for the POA) at a Hospital during covid. It can be done. Contact an experienced attorney who is willing to make Hospital visits.
My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... View More
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answered on Apr 25, 2021
You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... View More
I know all of his grandchildren were named in his will but now my mom won’t tell me what this paper says beforehand......
answered on Apr 16, 2021
You don't have to sign anything until you have had the chance to review it with counsel. There are many fine probate lawyers in Arizona and the cost of a consultation will cost you very little and could save you thousands (or tens of thousands). Many of us will do virtual consultations after... View More
Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?
answered on Mar 29, 2021
It should go to your wife's estate.
A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.
Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... View More
answered on Mar 26, 2021
Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... View More
He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... View More
answered on Feb 23, 2021
You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... View More
my cousin asked for a place to stay, and he lost his job now hes staying here not paying rent although there is no rent agreement he was just supposed to stay a couple days and leave he kept procrastinating till he got mail here now hes using squatters rights on us so he dosent have to leave, how... View More
answered on Jan 25, 2021
If you own the property, you can evict any occupant by following the proper eviction process. Check your local court for the notice and other forms to file for an eviction, or use the Find a Lawyer tab to retain a local real estate attorney to assist you, because you want to do it right the first... View More
My dad and his ex wife got divorced before they could come to an agreement on the house. She hasn’t been in the house over 10 years. He passed away with no will in place. He has two biological children(me and my sister) and a daughter that he and his ex wife adopted. The ex wife doesn’t want to... View More
answered on Dec 18, 2020
To evaluate this fact pattern, an attorney will need to look at your father and his ex wife's Deed. However, it sounds like she could own half or possibly even the entire property, and yes you are correct that she could evict you or petition a court for a sale of the house at any time... View More
We were in the process of setting up a trust for my sick mother when she suddenly became so sick (the day of hoping to sign in fact). Hindered by getting a notary public because of Covid, is there anything we can do?
answered on Nov 16, 2020
Sadly, if the document is not signed it has no legal impact on the estate. If she died with a prior will and trust then that would be controlling. If there is no will or trust signed, dated, witnessed and notarized, then she died intestate. The rules of intestate succession in the state where... View More
From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... View More
answered on Nov 15, 2020
If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... View More
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