Intestate succession in California
This is a state law specific question. In California, if husband dies without a Will survived by a wife and no children, all of his property goes to his wife (whether community property or separate property), and his siblings get nothing.
Call your attorney and your bondsman ASAP.
Leaving me and my 2 sons out of the what will states. More. 2 1/2 yrs. Had an attorney for 2 yrs, got all discovery, to then in 5 minutes got taken away because attorney wasn't filing subpoenas with court. Tried representing self,for now I'm in debt with fees. Between estate lawyer and... Read more »
It sounds like you already had an attorney that you fired/didn't pay? Without seeing ALL the paperwork and doing the research on this long case, it is impossible to provide any real guidance. I would suggest either going back to the attorney you had, or if you believe he did something improper... Read more »
Decedent received dividend distributions after his death. Does Estate have to pay estate tax or income tax?
Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not... Read more »
IRS states as follows in their website
The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:
1. U.S. real estate,
2. All tangible property located in the United States,... Read more »
Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.
I hope this helps.
Executor has withheld her husband from most of his family years before he passed, cut off ties, likely blocked phone numbers, moved him to Florida. Will was suddenly changed 7 months before his passing. It excludes 5 out of 6 of his children. Will prior to executor meeting husband, still exists,... Read more »
To answer your question, yes you can hire an attorney who's office is outside the County probate was filed in. I would however, encourage you to find an attorney who practices in that County as each county Probate Court has their own rules and nuances. The other thing I will say is that... Read more »
You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any... Read more »
Dad deceased 05/01/2021; he did a Will in 2004 naming his 4 children as beneficiaries; upon the wife selling the home his last wishes were to give each one of us (his 4 children) $20,000. But after selling the home she only gave 2 of the children $20, 000 and did not give the other two children... Read more »
This is a very fact-dependent situation. If your dad and his wife owned the house as joint tenants, then it's sale is not subject to the terms of the will. Once your dad passed, the house became his wife's by operation of law, for her to do with as she pleases. She effectively made gifts... Read more »
Unfortunately TN SC has ruled a tax is not a claim against the Estate. The SOL may have run on collection of taxes, or there not be property of the deceased taxpayer to collect from. Hire a competent attorney to assess the situation since apparently you do not have an attorney handling the... Read more »
Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.
I did try contacting the... Read more »
In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.
Best of luck.
I need proof of serving her. And a petition to request to be PR.
You’ll want to consult with an experienced probate attorney. This can be a complicated process.
to gift me their interest in my girlfriend's real property, what needs to be done to accomplish the transfer of ownership? Does the estate need to deed the property to the heirs, then the heirs execute a gift deed to me? Could this be done using a single deed?
The answer depends on the jurisdiction. Your question appears to be posted from Pennsylvania but asserts that it is about Maryland property. What may really matter is where your girlfriend was domiciled when she passed. The difference will be the taxes, and the difference will be significant. Since... Read more »
I am about to open an estate for my mother and found out her property was sold at a tax sale a week after her death. Am I still able to sell the home once I am appointed PR or will I have to redeem the property by paying off lien first?
The answer will depend on the jurisdiction and the terms of sale. Usually, a sale must be approved by the court before it is beyond redemption. In some jurisdictions, all that was sold was a tax certificate that entitles the buyer to a high interest rate. In any event, the death before the sale may... Read more »
Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either... Read more »
If the house is in Oklahoma and your grandfather passed away in another state or his Oklahoma assets were below $200,000, you should qualify to do a summary administration (a shortened probate process). So long as no one contests you starting the probate process and being named as Personal... Read more »
Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?
No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the... Read more »
no longer need answers. Thank you.
If no will is filed for Probate, your Mother dies Intestate, with the heirs at all and next of kin owning her assets. Hire a competent WA to determine if an Administration is needed, or whether the present Intestate Succession is satisfactory.
There is a will
Most likely the will has to be probated and the executor can then sign the truck over to your wife.
To answer your question more information would be needed. For example, the executor (called Personal Representative in Oregon) could have received money because he/she was named as beneficiary on the asset (an IRA or life insurance, for example). In that case the PR would not be required to... Read more »
H
It can be challenged if the devised assets were not hers when she executes the will and the trust. You should definitely talk to a lawyer about that.
Mom wasn't on deed but married for 18 years upon her passing. My stepdad is selling the property now without ever having filed probate. The property was obtained 5 years into the marriage but her name not put on deed. Would heirs be considered for her half of the property ownership due to... Read more »
These questions are way too important for you to be seeking free advice form strangers online here on Justia.
Anyone can file a probate action--and you should consider doing it.
Hire an experienced probate lawyer.
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