If you were appointed by the court to handle the estate or, if you were to file a petition to determine success to real property, and discover that an asset listed in the Will turned out to be a non-probate asset, wouldn't you leave that out of the Inventory and Appraisal forms since they only... Read more »
Yes, if you were appointed to be the executor of an estate, you would omit any assets from the estate inventory that pass by some other means, such as by right of survivorship or by beneficiary designation or by spousal property petition. You’re not eligible to file a petition to determine... Read more »
My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... Read more »
As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.
My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »
You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »
I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... Read more »
OCGA Section 15-11-2(10) states:
(10) "Child" means any individual who is:
(A) Under the age of 18 years;
(B) Under the age of 17 years when alleged to have committed a delinquent act;
(C) Between 18 and 21 years of age and receiving extended care youth... Read more »
lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale
In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:... Read more »
My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »
If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly... Read more »
Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »
Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »
Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »
Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... Read more »
anything happens to her that we get to keep the car, what do we need to file or do?
Add you and your husband to the title. Title determines ownership. HOWEVER, You MUST READ THE FINANCE AGREEMENT (assuming that your mom financed the purchase) to make certain that adding you does not violate the agreement. Also, make certain that you and your husband are properly insured with the... Read more »
She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.
I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »
A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »
Presumably, identify theft has occurred. If so, you might find the following web address helpful.
https://oag.ca.gov/idtheft/facts/victim-checklist
If all his children were yours, likely you are. Hire a local probate attorney to help you get appointed to settle the estate.
account, why must i go through probate court. I have a brother( not contesting the will) . I'm on disability and can't afford 4,000.00 fee's. Can some one please help me resolve this issue.
If the Will is not filed for Probate, then your Mother dies intestate. The Heirs take her real property and the Next Of Kin own her personal property. You may wish to hire a competent attorney to examine who owns what when there is no Probate, and it does not sound like there are that many... Read more »
Doubt the Probate has been "stopped" for any reason. Filing a Claim Against the Estate is a normal proceeding in Probate. It may be objected to or paid. If the Estate is insolvent, then the proceedings will be different, but still continue. You may wish to examine the Probate File and... Read more »
We've been married almost a year. He had a will before we married.
As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.
My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »
Hire a local probate attorney to file an application for succession.
You should contact a probate attorney directly.
The short answer: you'll want to speak with an estate planning attorney.
If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to... Read more »
My dad's estate consists primarily of his 1/3 of our family house (mom lives with us; all our names are on the deed as TIC (line to vest title was left blank) and two cars in his name. I want to use the petition to transfer the titles into my name since I'm listed as the sole beneficiary,... Read more »
It may not be a difficult or expensive situation. You need to talk to a tax lawyer. YOU Can probably transfer title to the cars without any lawyer or court involvement. The 1/3 interest in the house; depends how title is held. Have a short discussion with a tax lawyer. It may not be as bad as you... Read more »
I'm confused about how many people need to be in front of my Notary Public. My wife and I as "Grantors" - OK .
My grown kids ??? Both of them are named in the document as Successor Trustees or just trustees. Please specify if all of need to be present in front of the Notary during the signing.
Grantors and Trustees.
Nobody else gets a say in the matter.
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