Estate Litigation Legal Questions

Call a local WV attorney, not me. But, generally, only an original will, done in compliance with the law, can be admitted to probate. Without the original will, the inheritance will pass according to the state intestate statute, which usually, in most states, divides the estate between the spouse and children. Yoy should consult with a lawyer. Perhaps it is not wise to have a disable brother inherit property, especially if he is receiving or may potentially receive government aid.... Read More

You really need to talk to a lawyer. Ask around, some lawyer will talk to you for no fee, or a modest consultation fee if you dont have money. There are some issues here. If either of your parents received medicaid, the house could be subject to a claim. However, there is an exception to their claim called "undue hardship" if you were living in the home as their caretaker for 2 years prior to their hospitalization. Don't make statements to the hospital about your living arrangment until you talk to the attorney. Also, when your last parent dies, you personally do not inherit their debt. Their estate is given their debt. If you are the only heir of the parent, you can probably keep this house if you can afford it. Again, talk to a probate or elder law attorney. ... Read More

I will answer this the way i understand it the question. generallu, the joint account should have nothing to do with the contract. Unless, there was some weird agreement in the contract that it was to be paid from the joint account. WHen a person dies property held in their name only, become assets of their estate. jdebts and bills for services provided to them in their name only, are now debts of the estate. jointly held property, is not part of an estate. Don't call me, but talk to a local NJ attorney for more answers. ... Read More

talk to a local lawyer, as there are some issues here. how the house was titled, is a big one. If it was tenants in common, his share goes to his heirs. if it was held joint tenants with right of survivorship, it goes to you and sis. you may owe inheritance taxes. you really need professional help. ... Read More

Normally, POAs are not filed in my state. I would call a local TX lawyer. Also, normally, a POA has language that states in can be revoked in writing by the Principal. Therefore, you should be able to revoke this, by drafting a Revocation of POA. Since you apparently file POAs down there, you may have to file the Revocation. ... Read More

Dont call me, call a local VA lawyer. If the house is in mom's name, it is not your obligation to save it and it can be foreclosed on, but you have no liability. It will be the estate of your mother whom the foreclosure action will be against. if you want to save the home, that is another matter. I would find a local attorney who does estate work AND bankruptcy. THe good thing is that alot of times when the record owner of the house is deceased, it stalls the foreclosure process, as the bank usually doesnt know about the death. ... Read More

If your mom put you as a beneficiary on a life insurance policy or pension then those things go directly to you without a will. However, if your mom did not leave a will, and only left a letter, no one has to follow that letter.  If your mom did not have a will then she died intestate and you might still Be entitled to a share of the estate.... Read More

You probably need legal help. I would start with the county where GM's estate or trust was filed. You can look into the court records yourself but you many need to retain an attorney to gather and  investigate these documents, and to determine if there are turst funds available or what happened to them. Contact a lawyer in the county you think the trust was filed, or even where GM died.... Read More

This answer does not create an attorney/client relationship.  I am a S.C. lawyer and board certified internist.  In my opinion your closing attorney is responsible for taking care of this mess, as he was not there for mere decoration.  If you did not have a closing attonrey supervise this sale, you need to now hire an attorney to protect your interests. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More

If you are listed as a beneficiary on employee benefits like 401 Ks or pension or insurance, that is your money and not the estates. If you are a beneficiary, the company will talk to you and will not want to deal with the estate attorney. Call the company and ask if you are the beneficiary. They wont lie to you. As to the other problems, estate issues, if you are not getting along with the Executor and the estate attorney, talk to a local attorney. He can make a written request from the estate attorney to look at documents. ... Read More