My aunt sold me her house in 2016, but still lived in it until her death this year. Do the household items need to be probated or are they mine since I’ve owned the house since 2016?
Contents of a house are separate from the house. IF your aunt still owned the contents when she died, then they are part of her probate estate.
I put "IF" in capital letters because that is a missing fact. Did she own them? Or did she sell them to you with the house? You... Read more »
My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »
Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.
Or, the property can be sold by the estate while still in the estate, in which case the sale... Read more »
I purchased a property in Tokeland saying that it had a private Well to supply water my water. 3 1/2 years after the sale it has been determined that my water actually comes from an Artesian Well on someone else's property, ( not disclosed in the real estate documents ). The owner of this... Read more »
Hi, Aberdeen resident. This is a tricky situation because it deals with who has authority and who has not. First, your access to the water may need some thought so that you can continue water access. There is a good chance you can continue with an agreement with the deceased's estate.... Read more »
Hire a competent GA attorney. Start by contacting the GA lawyers on this site.
Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?
I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »
My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »
You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »
Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »
It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.
My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »
Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.
I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?
Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.
His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.
You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.
My husband's mom died last year and his sister was made executor of the will. My husband has never seen the will, and has no idea what's in it. Ant way he can get a copy, and if so, from where?
If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... Read more »
My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.
Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.
Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their interest/portion of the property
There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.
I just got a copy of his death certificate
Check with whatever Court handles Probate jurisdiction in WY. Start with the County he died in, then possibly a County he owned real property. Ask was there a Probate for your Father? If so, read the File. If no Probate, then no Will has been Probated. Check the Land Records in whatever... Read more »
My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?
Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »
They split months before passing.
Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »
Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property.
We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.
You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and... Read more »
Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?
Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »
The property is in MO
When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »
Mother died Intestate
Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »
You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... Read more »
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