The executor will not be able to travel to Texas.
In ordinary times, yes. However, if the particular court is still doing Zoom hearings due to Covid, then the executor does not need to participate in the hearing in-person. Check with a probate attorney to see how this particular court is operating.
No.
Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, No outcome to my Caveat yet will has not been probated Now sister dies, what happens now?? My sister has a son If my Caveat Fails and the will she presented gets probated, would the court have to throw... Read more »
You need to consult with a probate attorney.
mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings
Can I put in my name via adverse possession or can will be probated... Read more »
Many issues here, and nobody can read a Will online. You'll need to hire a probate lawyer to help you sort through this.
My grandmother passed 8yrs ago
She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also
He wants house in his name
But i do not agree and will not sign off
What can i do to make both of us... Read more »
You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to... Read more »
Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and... Read more »
Hopefully your moms estate was opened years ago. If not, need to open Dad's estate, then Mom's estate. Tuttle of property will determine who gets what.
Yes, without a doubt, but the logistics may be difficult. You can call the prison administration to find out how to arrange it. If it’s impossible for you to get an original document to an inmate for signature, perhaps an attorney will have a better chance. The prison will have a notary... Read more »
It is an Estate account and yes you need to set one up. You will have to file an accounting with the Court before the money is distributed.
if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?
Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.
A Massachusetts parent provides an unsecured loan to one son, the remaining principle of which is more than the voluntary probate estate value ceiling of $25K. The other son is executor. The parent's will specifies that the remaining loan should be subtracted from the debtor son's share... Read more »
Your question has many components and demonstrates the need of advice of counsel! Little information is given as to whether this was a promissory note or not , nor when the decedents died in relationship to each other. Masshealth may also have a lien.
I need to get going because my grandpa said I need to get a lawyer after he passes, to help with this. He passed in Late March and I still don’t know what to do? He said the trust will pay my lawyer after everything is done, but I can’t find anyone to help me. My Uncle and mom say there is... Read more »
Hello Sasha. You mention and will and a trust. Do you have a copy of any documents from your grandfather or know the attorney that he might have used? You will have a very hard time without copies of anything. You can also check title to any property he owned to see if it was recorded into a trust.... Read more »
We live in Michigan, and my wifes father who lives in Arizona recently passed away. He was living with a domestic partner but they were never legally married. And all that we know of is that the house was recently transferred into the partners name but nothing else was, (to our knowledge)... Read more »
Each state’s laws are subtly different. You need the advice of an Arizona lawyer to determine what you can expect and what you must do.
You may or may not need to travel to AZ but you WILL need local help there to insure you proceed properly.
— This answer is offered for... Read more »
As executor of my fathers estate, would a judge force me to sign off for his medical records to be released to his wife? I don’t want to sign but I don’t know if I have a leg to stand on.
The answer depends on all the facts involved, none of which are disclosed. My best suggestion is to speak to an attorney if you have not already retained one.
I hate to be the bearer of bad news but unless you had a lease or he left the house to you in his will or trust or some other means, you have no right to continue to stay there.
leave. told a friend he was taking the house when she passes. can he?
No, he can't unless your mother leaves it to him in a will or she transfers the property to him through a deed or other conveyance.
They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »
If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!
In will, the deceased named a non-family friend executor of will. The executor hired a law firm for probate.
Does the law firm have fiduciary responsibility to the Executor or to estate (beneficiaries of) ?
Does the family have recourse if they feel process (actions taken by the... Read more »
Attorneys for the executor are not fiduciaries. Attorneys for the executor get paid from the estate but only after court approval of their fees. Any beneficiary of the estate can file their objections to the reasonableness of the fee request. Statutory fees are reasonable by law.
My Probate lawyer asked me to provide most recent statement from Vanguard to show the probate court what is the net worth of my father's Vanguard Estate Account. Asset appraisal has been done by the Referee. 2. I would like to know if California Probate law requires the administrator to... Read more »
Yes, as the administrator for a decedent's estate, you are required by law and local court procedure to give the court full copies of all current bank statements for the decedent's estate in support of your statutory accounting and your petition for final distribution. If you want to... Read more »
The husband did not have a will. And it never went through probate. But she never took his name off of the house. The wife recently died with one surviving son, who has and was living in the house for 27 out of 34 years. And now the husband's children want there part of the house. She also... Read more »
More than likely the wife took the fee as the surviving tenant by the entirety, which would mean her heirs own it as tenants in common. But it all depends on what estate was created when they purchased it. Hire a competent AR attorney to search the title.
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