Dad recently passed without a will, my parents bought land in the 80s together but divorced in the 90s. My mother signed over her part of the land to my dad so he owned it soley. 5 years later they remarried, is the land considered his personal property since he came into the marriage the second... Read more »
It appears that it would be separate property in which she would have a life estate.
You need to consult with a successions lawyer as soon as your father passes. But more information is needed:
When was the house purchased?
Does she have children?
Do you have siblings?
i have an attorney but am considering firing him. i just want to know what my options are for selling the home and resolving his estate. i have been appointed the executor by the court already.
It is not necessary to have an attorney, but if you are the executor, and make mistakes, you could be legally and financially liable. Talk with your attorney about the situation. Or use the Find a Lawyer tab to talk to other local probate attorneys.
My mother took care of my grandmother for 3 years prior to my grandmother moving to a nursing home where she died on Medicaid after an additional 4+ years. It has been 3+ years since my grandmother’s death and my parents have not put the my grandmother’s house on the market. My Mom claims the... Read more »
Your mother is correct. When the home is sold the state is entitled to take as much of the sale proceeds as necessary to reimburse itself for the cost of care that it provided to your grandmother. This often amounts to all of the proceeds.
This is so sad because, had your mother or, even... Read more »
We are currently awaiting a court date. My brother is living in the home, has done some work on the home and refuses to pay me half the value of the home. The will states that our grandfather’s assets be divided evenly among my brother and myself. I’m thinking of purchasing the home if he... Read more »
This depends somewhat on how the will is worded. If the will requires the sale of the home and division of the proceeds, then that is what needs to happen. You can be the buyer with court approval.
If the will just says you each get half, then when the probate is completed you two will... Read more »
It depends what the old will says. If your dad's wife had a former spouse listed in the will then the disposition or appointment of that property is revoked. As a spouse married for three years, your dad should have rights to a 20% elective share of the net estate. You should hire an attorney... Read more »
I have affidavits of heirship, and POA from 4 of my 5 siblings (heirs). There is one heir in Jail. He was living in the house with mom when she died 6 years ago. She had no will, so he was squatting and turned it into a drug house. We missed probate. He's now been in jail a year. His drug... Read more »
No. Who will buy an undivided 5/6th interest in a house?
But you did not "miss probate." Hire a local probate lawyer to file an Application for Determination of Heirship and Issuance of Letters of Administration. The court-appointed administrator can sell the house and distribute the net... Read more »
My two sisters and I have agreed I will buy their interest in the home. My sister who is the trustee demands I pay the entire existing mortgage or she will not sign the deed. The trust terms are the home is divided equally one third each. Can my sister alter the terms, threaten to not sign the deed... Read more »
There are private investors who provide liquidity to estates for exactly this situation. They provide funding to allay your Sister's apprehension, and should also provide guidance in preserving the historical property tax.
Jonathan Purcell is a California Attorney. This posting does not... Read more »
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020, then... Read more »
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... Read more »
John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.
It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.
I am trustee my husband is co trustee of his mothers trust and each share one half the sisters half will be a 3 party SNT FOR 21 years she was not on ssi age 37, she suffered from depression and her mom was worried and wanted to make sure she would qualify for assistance. I am the executor /... Read more »
A California special needs trust that has been validly created avoids probate. Pursuant to the provisions of the special needs trust, a trustee has a fiduciary responsibility for the management of trust assets. A breach of that responsibility can create liability for the trustee. If the special... Read more »
I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.
You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.
If you... Read more »
He was not married.
The car belongs to whomever it was awarded to in your divorce decree, notwithstanding that you or he did not update the title. If it was awarded to your husband, then it now belongs to his estate. This will be sorted out when his estate is probated.
Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... Read more »
I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.
My aunt died 02/01/2020. Her disabled son still lives in the condo and makes $900/month. He has been paying the mortgage for almost 2 years. She still owes around #35,000 on the condo.
You have two processes that need to take place. First, you need to contact a probate attorney to help you probate your aunt's estate. That will enable the transfer of the house (and any other assets of hers) to her heirs at law (if she has no will) or her devisees (if she has a will). Second,... Read more »
Aunt could however I’m his daughter and next of kin and no one asked me What I wanted shldnt the decisions b mine to make since my sister declined?
It sounds like you are interested in being the executor of your dad's estate and he had no will. In that case you can file your own petition to be appointed executor and let the judge decide. Do not delay. Once an executor is appointed it is quite difficult to get him or her removed without good... Read more »
There are a number of variables. Generally, if the asset is passing by way of a beneficiary designation, the beneficiary designation will control. If the assets have to pass by way of a probate proceeding when there is no Will they pass pursuant to the default rules in Kansas. In that situation,... Read more »
When there is no will, inheritance is determined by the laws of intestate succession. After the house has been re-titled in your names along with the names of any other heirs you can sell your share to your sister.
do i have sole ownership as tenant in common?
If you were awarded the home in the divorce, then you would be the sole owner. If she was awarded the home in the divorce, then her estate is now the sole owner. If the divorce ordered you two to own the home 50/50 after divorce, then yes. The home will need to be probated and the probate court... Read more »
My mom had to take her name of the title due to her getting Dementia and having to claim Bankruptcy so she could afford a nursing home and they wouldn't take the house since my Grandma was still alive and occupied the house. Well my Grandma has since passed away along with my mother. My Mom's... Read more »
Once your mom signed over the deed to someone else, it was no longer her house. The owner of record now is entitled to the proceeds of the sale, and none of the sale proceeds is a part of your mother's estate. If your Grandmother became the owner, it's possible, depending on whether she died with a... Read more »
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