My brother owned a house in Salton City, CA
Probating estates in California is very expensive. There lawyers do not bill by the hour the way they usually do in Tennessee. Instead they bill according to a statutory fee schedule that is based upon a percentage of the value of the assets. Probates in California are close to the most... Read more »
In California, complaints are made to the State Bar here: https://www.calbar.ca.gov/public/complaints-claims/how-to-file-a-complaint
I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.
Very sorry for your loss on the passing of your brother, please accept my condolences. Since the check is made out to the estate of your brother you will need to pursue some version of probate. If this is the only asset then you may be able to get the accomplished by filing yourself for Disposition... Read more »
We are unsure if there is a will. How do we find out if there is one? My wife's sister is currently living in the house my mother in-law owned. There is life insurance policies, bank accounts and other assets. If there is no will and we are not on speaking terms with her sister, how do we go... Read more »
John, I'm sorry to hear what you're all going through.
In Illinois, wills are required to be signed and witnessed by two people. If there is a will, all wills need to be filed in the county in which the Decedent resided within 30 days of death. If there is a valid will, and it... Read more »
This has been granted through the courts. How does she access this money & what can it be used for?
I don't understand where the money comes from (all that we have listed on the form is cars/boat/personal property). All bank accounts were joint. Is this money that she can get to... Read more »
Without seeing the actual order, I cant tell you how to access it. Generally speaking, you would take a certified copy of the order to the bank or other entity and that would allow her to withdraw the money or transfer the interest. But once she has the money it is her money.
I filed malpractice against that lawyer am I in the right track i know my friend since 2009 but moved in with him In 2016 I helped him a little to buy the home in 2018 .We wonder about documents that we notarize with PLLC lawyer he said we get something in mail.On august 24 2021 from Maricopa... Read more »
This is a question that you should be asking the attorney who is helping you with the malpractice lawsuit. If you did not obtain any advice before filing the lawsuit, then that was a very big mistake. You could be wasting a lot of money.
No attorney in this forum can give you any kind of... Read more »
Mom is executor and trustee. Can mom avoid going to clerk of court or does she now have to open an estate? Should she still fill out that there is a will?
What does this mean..."If the trust hereinabove referred to in is not in effect at my death, or if for any other reason the... Read more »
You are describing what sounds like a pour-over will. It means that the testator wants all of his property to be administered by the terms of his (or their) trust. The best practice is to transfer all property to the trust during lifetime. The pour over will is only there to catch things that... Read more »
There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... Read more »
Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... Read more »
My partner and I are unmarried with two
minor children. With no will what would happen to the property in only his name?
If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons... Read more »
She is the executioner of the will but she has been stealing valuables from the house so I added security cameras and she is making false claims she didn’t go through my personal possessions can I have her removed as the executive of the will? She inherited the house in a 50/50 split? Until it... Read more »
The personal representative of a estate is give certain authorities in the will. It is common for the PR to have authority to enter into contract and collect rents on property in the estate for the benefit of the estate. If you are not on the deed and are not the PR your rights have not fully... Read more »
if wife passes before policy is cashed out; who is entitled to her part of the life insurance?
More than likely the Wife's Will Beneficiaries or her Next Of Kin. But there may be alternative beneficiary designations. In any event the Policy Beneficiaries may need a lawyer to make a claim on that Policy.
His wife AND his lawyer said they both have a copy of a 2018 rough drafted will (not signed nor registered). Later the wife finds another 2009 will she is stating it is signed (but not witnessed or registered). None of his children have been notified by a lawyer yet. Does she, as his wife have the... Read more »
You can challenge the validity of the will when it is filed in the probate court. You should receive notice of documents filed with the probate court to open the estate, and then there can be a court hearing for you to object. The court is unlikely to accept a will that has not been properly... Read more »
All parties are residents of Pennsylvania. Joint OR on all deceaseds accounts. Only one other party in will, can I just calculate the inheritance tax on the joint accounts with a cpa and pay the sum to the only other member mentioned in the will. Or am I required to have an attorney carry this out... Read more »
… there is no requirement that you need an attorney for this in PA …
… however - you mentioned a Will as well as being on all of the decedent’s accounts or joint …
… that doesn’t seem to make sense … whether a CPA can interpret that is up to you …
John
Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.
You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.
She put him on the deed last year, can he transfer the car into his name? There are 3 siblings but we have all decided everything is his we do not want anything. The small estate affidavit states there can be no property. He can not even get the mlney out of her bank account to settle some of her... Read more »
I'm so sorry to hear about your mom; I hope you're all hanging in there.
If the property was owned as joint tenants with right of survivorship, your brother is now the sole owner. A small estate affidavit can then be used to transfer other property, so long as it's cumulative... Read more »
THE HEIR IN QUESTION ONLY KNEW ABOUT THE PROCEEDINGS IN 2019 BUT THE ESTATE WAS PROBATED IN THE EARLY 80'S
The present titled owners of record will claim you have busted the SOL, and possibly own your alleged interest by Adverse Possession Under Color of Title.
Estate was probated and closed in the early 80's without the knowledge of the living rightful heirs.
Have no idea what a special notice is, but obviously you will need a competent attorney to prosecute a Quiet Title Action. Publication Notice to unknown defendants will probably be necessary.
I'm trying to close escrow on a probate property in LA county, CA. After 2 yrs of court proceedings, the surviving siblings were awarded equal shares of the pending sale by the court. My loan was approved and funded and then title company comes back and say that they messed up and originally... Read more »
It is doubtful that any cause of action exists as title companies do not represent anyone. It is totally different when you hire an attorney, which is what anyone should do if transacting in real property. Sometimes Negligent Misrepresentation is possible, but very doubtful. Consult with a CA... Read more »
My great grandmother had land in Puerto Rico and passed in the 1970s. She left deed to my grandma and her sister, her only children. Both passed within last ten years and we uncovered the deed to the land. What rightful claim is there to the land? We visited it and saw it was empty.
This is a great question, but it should be asked of a lawyer licensed to practice in Puerto Rico. I strongly encourage you to do so.
If I move out to I have to pay utilities I already pay electric bill but plan to move out soon
The property is owned by the estate, not by you or your sister, despite the fact that the Will or the law of intestate succession directs the property be deeded to you both at some point in the future. Until that happens, you are occupying estate property. The PR of the estate, your sister, has... Read more »
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