My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.
This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... Read more »
My brother recently died. He was a resident of Rhode Island. He had a vehicle and a small checking account. Total value of both @ $3000.00. No debt other than a small hospital bill. The issue is I live in Massachusetts. I have no relatives in Rhode Island. Can I still file a Small Estate... Read more »
You really should be inquiring of a Rhode Island attorney for this information.
My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »
The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... Read more »
I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.
My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »
I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »
I don’t have a copy of the updated will but I was at his home when a lawyer came to the house to update it for him. He looked me in my eyes and said “I don’t want to leave you with nothing.” He had substantial means. I obtained a copy of the will filed in probate court and it’s from the... Read more »
You'll have to contact a TN probate attorney in the county where the probate court that handled his case located. The lawyer can review all the facts and advise you. You'd probably have to be able to find the updated will to be able to have any basis to proceed. Use the Find a Lawyer... Read more »
Must an executor be named and an Estate Account established if there will be no sale of property, just the reclaim of a small amount of funds?
There is not enough specific information here to give you any specific answers. There is no requirement to open an Estate administration every time someone dies. If there are no assets to collect and no debts to pay it may be possible to avoid an administration. There are times when companies... Read more »
My dad died with only a small bank account ($10,000) with a POD account which is now on hold until death certificate. There will be a refund from a preneed funeral account and a refund of rent from his assisted living facility. Since both were paid out of the POD bank account and that is the only... Read more »
This is why no one should try DIY administration. Hopefully you have not exposed the estate assets to creditors by paying bills from his POD account prior to transferring it to your name. Estate assets can be protected from creditors (except funeral bills) by waiting 6 months to open estate, but... Read more »
I just want some advice because i was a first offender and i got put on probation for 30 years and have had to pay fees i cannot afford and never will be able to afford to a place that no longer exists. I was 17 at the time and the person who did the acts was 15 so they charged me instead. I would... Read more »
You can file a Motion to Terminate Probation. I would recommend talking to a lawyer to better evaluate your chances for early termination.
For more information visit my website at www.LevinLawyerGa.com
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My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »
Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... Read more »
Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »
My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »
I am sorry for your loss.
Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with... Read more »
If the decedant left a will then, the PR has less of a duty to notify potential heirs. As the will should clearly specify who was to receive under the will, and the PR has a duty to act in accordance with the will.
If the decedant did not leave a will, then all potential heirs have an... Read more »
I am her only child they have been separated my whole life
It depends on whether or not your mom had a will.
If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the... Read more »
Me and my sister were never mentioned in my grandpa's will because we weren't blood related and his side of the family didn't like my mom, so it was a bit messy we group up with our grandpa and weren't even in his obituary. I have all the papers for the estate I'm owed and... Read more »
Take your stuff to a probate lawyer with your checkbook (so you can pay for a.consultation) to see if he or she can help you. We cant help you on the internet.
My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home
For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »
I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »
The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »
You do not note whether the agreement is written. Everyone's memory is fallible.
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »
There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests
It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »
My father died unexpectedly last year. My mother immediately got rid of all of his documents and computer. She swears that he did not have a will. She refused to post an obituary for him in newspapers, etc. My two siblings and I found 3 signed checks written out to us from my father in his desk... Read more »
You would have to try to find the lawyer that might have prepared his will, and then hope the lawyer retained the original. A copy of the will might work, but maybe not. But if you don't know where to start looking for the attorney, it might be impossible to find out. It might be too late... Read more »
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