...it over to me. The property is still in his name only and I don't not think there are any liens in the property. It is in the state of Georgia. My question is am I able to do the proper paperwork on my own?
answered on Jul 4, 2022
No, when you are dealing with real estate and property owned by a decedent, you should always have an attorney who practices in this area handle the matter.
intestate.i was his caregiver and lived in home 7 yrs.since his passing ive paid all mortgage payments and kept up property.my sister now wants to be administrator and sell the property. but she and her mother came into the home alreadt and took all the assets.once breaking in thru a window. what... Read more »
answered on Jul 3, 2022
File a petition for you to be appointed as Admr of his estate snd object to your sister bring appointed. You should also file a proof of claim with the estate for your payments on the property.
answered on Jul 2, 2022
It typically would be interpreted to mean all of that, as described in the decedent's deed of record. But it could be subject to challenge in probate court depending on all the circumstances and other factors that could make it ambiguous. Use the Find a Lawyer tab to retain a local probate... Read more »
answered on Jul 2, 2022
Hello, unfortunately, I am unclear who "she" is, whether she is the judge, or whether she is the non-compliant party. If the latter, judge's can enforce their orders by contempt. It depends on the issue what the judge may do.
was to be sold and split. I verbally agreed to buy the house and started living in the house before probate was closed. On April 8th, the house burned down due to hoverboard board exploding.
My question is can I sue hoverboard if the house wasn't in my name at the time of the fire or... Read more »
answered on Jul 1, 2022
The cause of action for Product Liability, Negligence, etc. is arguably personal property of the Estate. But usually the devisees own the real property when the Will is Probated. To prevent an insurance defense lawyer from dismissing the suit for lack of standing, Both Co-Executors and... Read more »
He failed to represent me in court.
answered on Jun 30, 2022
You may sue your lawyer, but that does not mean that you will win anything.
You must prove all the elements of your case:
You must prove that he/she was your lawyer.
Did you have a client lawyer fee agreement?
You have to prove that your lawyer was negligent,... Read more »
She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.
To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.
answered on Jun 29, 2022
Can he be charged? Sure. Will he be found guilty? No way to tell.
The cashier check is made out to the deceased and drawn on the deceased bank account. The deceased bank account is frozen.
answered on Jun 29, 2022
You will need to make a claim in the deceased's probate estate, assuming there is an estate. If the account has a beneficiary and there is no estate, you may be out of luck. Consult legal counsel if the check is big enough to be worthwhile.
Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?
My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »
answered on Jun 28, 2022
You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... Read more »
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.
Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?
answered on Jun 27, 2022
Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.
Jack
If I am joint owner of Mom's banking account will the court order that also to be split?
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »
answered on Jun 27, 2022
If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »
There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »
answered on Jun 27, 2022
When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »
One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.
answered on Jun 26, 2022
Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.
One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.
answered on Jun 26, 2022
If the item were a gift and delivered to you and is presently in your possession, the item belongs to you. If no delivery of the gift took place, the second controls,
My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »
answered on Jun 24, 2022
You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... Read more »
My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »
Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »
answered on Jun 24, 2022
You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »
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