I have always resided in California, does the case automatically transfer? I want to end guardianship and am not sure if I petition in New Mexico or California? Guardianship was not supposed to be this long (13 years thus far), but birth mother keeps having time added to her sentence in prison.
Jurisdiction over the case does not automatically transfer, so the court that has been overseeing the case is where you would file.
My domestic partner died in februrary and named me as beneficiary for survivor annuity benefits. We were never “registered” as domestic partners but lived together for 23 years leading up to his death. I also have a car in his name i want to sell. He was never married. His benefits... Read more »
My condolences for your loss. If you are named as beneficiary, the normal process is for the annuity administrator to have you complete forms. The car would go to his estate by his will, trust, or if neither, then to his heirs by intestacy, which would not include an unregistered domestic... Read more »
My husband's exwife filed some sort of medical claim or lawsuit while they were married. It is finally settled and she is just now getting compensation for it. Is he entitled to any of that?We are not really wanting any of it, however she has spent the last 2 years threatening to take him back... Read more »
He has no claim on her settlement. Tell him to just ignore her. If they don't have any children together, there is no reason for them to communicate.
Q: I'm told that I need to prove to the probate judge that I sold it for a price that was fair as of the date of death. Is that true? Can i do that without an appraisal?
If you are Personal Representative for your mother's estate you should ask your attorney this question. In general you can have a realtor create a Comparative Market Analysis (CMA) for you or you can pay for the property to be appraised. However, there are a lot of fact-specific issues in... Read more »
His sister has taken over the house and everything. The car was to go to me and my name is on title. There is no will. It is like I don't or never existed. They have been using his money.
Without seeing the car title and bank information, I cannot answer your question fully. However, the likely answer is that no, you will not inherit anything. Since the car was at least partially titled to you should still have an interest in that. The bank accounts ownership depends on how they... Read more »
after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.
If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »
3 seporate times the lady has wondered out and police has brought her home.
If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian... Read more »
I was told not to come to hearing unless i objected to the sale. I thought the house was to be sold to me so i didnt go. The house was sold to some one else. I had no representation at hearing to counter offer any offers at that time. I have signed contract, sent earnst money which was cashed then... Read more »
The short answer to your question is: Likely not.
Sale of real property through the probate process subject to court confirmation is ALWAYS subject to overbid in the in-court auction. Your signed contract, despite the estate accepting your offer, is still considered an "offer"... Read more »
The case relates to who is allowed to bring a claim in Probate Court to challenge the validity of a trust or trust amendment.
As a quick background, the law only allows certain people to sue for certain things. For example, If a lady loans her lawnmower to her neighbor and the neighbor... Read more »
My sister and brother are executors of my mothers affairs. 9 years later my parents mtg servicing co sends statements to the estate of my parents both named both deceased. The deed is recorded with my name and the 2 executors. While 1 other brother and I are paying pymts taxes insurance and all... Read more »
If nothing was filed with the courts, then they are only named as Executors, they have no power as they are not court appointed. I presume you are living in the property, but you need to speak with an attorney sooner rather than later. They are taking advantage of you, not following proper... Read more »
Estate assets total $11,552. Allowable funereal expenses are $4,398, applicable family allowances are $10,0000 and filing fee is $100 for total expenses of $14,498. Estate assets are $2,946 less than allowable expenses.
Section 8-105 of the Estates & Trusts Code governs priority of payments from an estate:(a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(1) Fees due to the register;
(2)... Read more »
You may wish to hire an attorney to look into a will contest.
If the mortgage exceeds the value of the house, then the bank would get the house. There might not be anything for you to do. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you need to do anything.
If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... Read more »
Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate... Read more »
The property was purchased in the early 80's. My parents out us kids on the deed(?) so we all owned it. My mom died in 1989. My dad died in 2003. My step sister says the land us her moms and my dad wanted me to sign a quit claim. I know that's a lie.
My father and his wife took... Read more »
I suggest you contact a real estate attorney in Kern county regarding a petition of the property, in the hope that your attorney will be able to negotiate an out of court monetary settlement.
This posting does not create an attorney-client relationship. The information presented here is... Read more »
Would I need an attorney for these documents? What type of documents would uphold in court? How can I avoid guardianship going to my daughters father who has a long history of domestic violence towards myself and another female?
Your will can nominate who you want to be guardian of your children. But the probate court appoints the guardian.
The will gets submitted to the probate court. The court holds a hearing to determine guardianship and determines who will be the guardian based on all the testimony and... Read 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... Read more »
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.... Read more »
The judge issued an order and opinion on our case in regards to who is responsible for real estate expenses. Can we ask for clarification on what costs are considered expenses.
Yes. It's generally titled a petition for instruction. And you'd want to detail exactly what expenses you are questioning. Just note, though, that judges typically imply the ordinary meaning to terms unless expressed otherwise in their original order. In most probate estate situations,... Read more »
I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything
From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.
Jeep was left on property that we still both own but she lives there... I was given no notice . The Jeep was part of my father's estate
How could she transfer the title? Yes call the Sheriff's office.
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