How can I challenge the judgement I was never given notice for? I was never served any noticed from the creditor or received any mail. Just a judgement against me that was left on my mother's property taped to her door.
Immediately hire a competent SC attorney to file a Motion to Set Aside the Judgment for lack of Due Process, Untimely Claim Against the Estate, Rule 60, etc. in the Court that rendered the Judgment. Also notify your Surety if there is one, and check the Estate File at the Court carefully.
You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.
My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »
SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »
We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.
Also, if 10 siblings... Read more »
To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached... Read more »
We have a shared checking account. In Alabama. No will, no real-estate, no investments, nothing at all but a joint checking account. No joint accounts nothing has my name on it. After the death of the other person on the checking account can any debt be collected from the checking account?
If a creditor gets a judgment against one of the account holders, then it can be collected from any account which he has an interest in regardless of other owners. A few creditors like the IRS can levy without a judgment.
I was recently named executor of my mothers estate (in NC) and will be selling the family home this month. I was told that the money will have to stay in escrow for six months. My question is why 6 Months???
Since you filed for Probate, you will have go through with the process. Someone might have a claim against the Estate which could render it insolvent and require the sale proceeds to satisfy the claim. There is probably a title insurance requirement involved with the purchaser's loan. If... Read more »
Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.
As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »
My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »
The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »
If a parent dies without a Will, then the probate process which is supervised by the court may be necessary to settle the estate. This is especially true if the parent-owned real estate. I would consult with a local attorney so that the assets and debts can be inventoried. From there, you can... Read more »
He didn't own his home and his vehicle when back to the finance company. He did have a life insurance policies I'm sure but how do I track them down.
You'll have to go through his papers to try to find any life insurance policies. There is no other easy way to find out if he had insurance. If you find any life insurance policies, you can send a death certificate to the companies to notify them of his death. They will pay insurance... Read more »
If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.
My siblings and I were willed a house. One sibling wants to keep the house and has made a buyout offer. I don't believe the buyout offer is equitable. I am seeking expertise with interpreting the appraisal to obtain a fair buyout offer. I have no idea what type of legal representation I need... Read more »
It’s been a pretty hot market this past year around here, so you’re going to want to get a fair appraisal done to at least know what the house is likely able to sell for. I think what you’re saying is that the house was already deeded by the estate to the three of you, so now you all own 1/3.... Read more »
Are you preparing to fax file? If so, most courts require a special fax cover sheet that identifies the documents being filed and the amount pages. Unfortunately, the San Bernadino court website doesn't provide such a form. I would call the probate clerk and ask.
She put the house and vehicles in her own name not our mothers. Our mother just died September 6th of this year what can we do to get our inheritance back?
Hire a Successions attorney.
He has a small house. 2 children who loathe each other.
If the two children don't like one another, then you should get an administrator appointed to sell the house and split the proceeds. Are you (the administrator) required to have an attorney? No. Should you? Unless you are a probate attorney in Ohio, then yes. The beneficiaries could sue you if... Read more »
I have letters but no time to ask permission of court r I will lose the home and there are no other way to pay it no money in the estate to pay anything the home is being foreclosed on now
I can sale it have a buyer to pay mortgage before the auction but not enough time to ask the courts... Read more »
Different States have different laws. Hopefully you and the other Heirs can convey title without Probate of the deceased titled ancestor where the land is located. Hire a competent attorney who engages in real property litigation. He should be able to tell you whether Probate is absolutely... Read more »
I also have a car under my husband name
You may not need a full probate process, but you will have to submit an estate tax return to show the estate is not taxable. Only estates over $7.1 million are taxable in Connecticut. You may be able to file what is called an affidavit in lieu of administration instead of full probate to transfer... Read more »
Oftentimes with cash and stock accounts, the account holder lists the beneficiary through "pay on death" paperwork held by the financial institution. If no beneficiaries are listed, then an Affidavit per California Probate Code section 13100 should work if the assets are below the... Read more »
How can an heir legally petition court for admin of estate and in that legally bound petition say they are only heir to the estate knowing there is no will and there are 2 surviving children making them both heirs. To say they are the only heir is lying and the court also at the hearing for the... Read more »
Yes, absolutely! If you are a surviving child of the deceased you need to go to the court hearing and let the Judge know there are surviving children. If you have proof (i.e. your birth certificate) I would take that. If you don't have you can provide that later.
Nephew n niece have any rights to the house n assets we have no will
Assuming your mother was a raiders t of Nevada when she died, pursuant to Nevada intestate law, her deceased children’s grandchildren step into their deceased parent’s shoes. That being said, assuming your deceased siblings each had at least one child, the estate would be divided in four, on... Read more »
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