Estate Litigation Legal Questions

I' am not sure based on what you wrote if you already own 1/3 of the house, and will be inheriting more or all of the house.  If you already own 1/3 of the house, then you have a legal right to stay there.  If you are inheriting the house is an estate asset.  Technically you will owe rent to the estate, but you should have the right to buy out your sisters share of the house if any.  A lot is going to depend on what you own now, and what you will be inheriting. ... Read More

No attorney can answer whether or not someone "destroyed" or "hid" a Will. Probate administration is the process by which a decedent's estate is administered i.e. noticing interested parties, paying creditors and distributng probate assets to the beneficiaries. The father's property will pass according to Florida intestacy statues, because he died without a will. Here is the relevant statute: 732.102 Spouse’s share of intestate estate.—The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. 1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. 1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. 1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.... Read More

There is not enough information to answer this question. If you are an Executor and you have to provide notice of probate, then you should send the documents by certified mail.  If you are serving a complaint, then you will also need to provide the court with proof that you served the complaint. ... Read More

if your stepmother was legally married to your father at the time of his death, she has certain spousal rights. The fact that they were estranged will not abrogate those rights. Your stepmother has certain rights to the "Homestead" real property. There can only be one Homestead. In addition, your stepmother has a right to the elective share. There are also some smaller and less significant rights she may have by virtue of the marriage. You should speak with a probate attorney in your area.... Read More

You don't need a New Jersey estate lawyer at all.  You only need someone who practices in Pennsylvania. There are a number of different research tools available to find an attorney, including this website.  Just look for someone who practices in the county in which the will you are talking about was probated.  Preferably you would ge a Certified Elder Law Attorney, known as a CELA.  Good Luck.  ... Read More

I am sorry for your loss.   There are two issues.  First, are the assets joinlty titled such that they passed upon your father's death to your mother by operation of law.  Second, is your mother incapacitated such that a guardianship action is necessary.  You should consult with a lawyer.... Read More

As a general matter, the payment requirements of a rent-to-own contract are determined by the contract itself. The payments of real estate taxes may be tax-deductible to you if you pay the taxes pursuant to an obligation to do so, even if you do not own legal title to the property. An attorney can advise you regarding these matters after reviewing your contract.... Read More

If no one did, file to be the estate administrator of your stepfather.  If his kids did so, your mom needs to appear in that estate, and assert a claim.  The divorce decree will govern this, and it sounds as if your mom did not get the best deal there.  She needs to be proactive.  If the facts are bad, she could ultimately be forced to buy out the other half owner (the estate) or move out and get half the sale proceeds.... Read More

You need to file some type of motion in the court in the state in which the estate was probated.  In New Jersey that would be a motion to enforce litigant's rights.   you need to also send something to the attorney appointed to represent the estate asking for an accounting, and a distribution from the estate.  If there is a judgment against your sister, that judgment will have to be made enforceable in North Carolina so that you can recoup some of the money she took from the estate.... Read More

Commissions on all corpus received by the fiduciary may be taken as follows: 5% on the first $200,000 of all corpus received by the fiduciary; 3.5% on the excess over $200,000 up to $1,000,000; 2% on the excess over $1,000,000;  and 1% of all corpus for each additional fiduciary provided that no one fiduciary shall be entitled to any greater commission than that which would be allowed if there were but one fiduciary involved.... Read More

I am not sure from the information you have provided what your question is.  If you feel you are the victim of elderly abuse, go to your local police department and report it.  You can also seek help from the office of Adult Protective Services in the county in which you live.  If you provide more information, I might be able to provide more specific advice.    ... Read More

I assume that you mean that the aunt is the trustee for the trust, not power of attorney.  An agent's authority under a power of attorney automatically terminate at death.  If she is the trustee, then her duties are governed both by the trust and by the Utah Uniform Trust Code.  In some situations, a trustee can be removed for acting against the beneficiaries' interests.  A person who cared for the deceased in her last days may be able to make a claim against the trust for compensation. The answer to the question "what can she do?" depends very much on the facts of the situation.  Assuming that your mother's attorney is competent and experienced in trust litigation, she is likely in good hands.... Read More

It depends. If the account is a joint or pay-on-death account (sometimes call a "Totten Trust"), the balance in the account passes automatically to the survivor or payee on death. If the account is solely in the name of the deceased and is disposed of under a will, then the account is part of the estate and passes as provided in the will.... Read More