Estate Litigation Legal Questions

If the money was "left for you" it would be in your name in unclaimed funds.  If it is in his name, then you cannot get it unless you are his estate representative.  Thus, I question how you think or know money was "left for you".  As a stepson, you will not be able to do this without jumping through some hoops. ... Read More

The omitted beneficiary should have been notified and told that they were to inherit 1/3 of the assets. Attorney who drew up will is not under any duty to notify. The attorney who probated the will normally asks the other beneficiaries who is still living and has to depend on what he is told in how to distribute the estate. If the other beneficiaries told the attorney that the omitted beneficiary was dead, then he had a right to rely on what he was told. Need to try and track down original court case file from when the estate was probated and see what the petition to probate says about the beneficiaries.... Read More

Your brother does not need to have information about your mother’s assets to ask that he be appointed administrator.  If you do not care about him being appointed, you do not need to take any action.  If you oppose the court appointing him, you will need to file an objection.  You need to contact a probate lawyer near where you live.... Read More

Has your brother already been appointed as Personal Representative?  If so, then he's in control and you should make sure that those items are listed in the Inventory he has to file within 30 days (more or less) after he's appointed.  If they aren't there then you need to see about retaining your own atty to help find out where those items went.... Read More

If the owner of the estate is still alive, there is no executor.  There is a document naming an executor, but one is not appointed until the person who wrote the will dies, and the will is admitted to probate.  The executor must qualify and then letters are issued indicating the person is the executor.  The person who writes the will has the right to change it up until the day they die, so there is no executor, and there is no estate, until the person dies. ... Read More

Has an estate been opened in probate for your father?  Is there a personal representative?  You won't be able to sell the property without your sister's cooperation since she owns 1/2 of the property in her own name (separate from any interest derived from your father's estate).  Short of that, you'll have to file a partition action to force the sale of the property.  yes, a property can be sold prior to the conclusion of the administration of an estate.  That's how it typically happens.  But you have a property here that's only owned 1/2 of the Estate. That's more complicated. ... Read More

There are a lot of issues in your question.  Your father was a beneficiary of the estate, and as such probably inherited a portion of the house, which then would pass to you.  Just paying the taxes doesn't secure your interest, you would have to be sure to pay for upkeep and maintenance and other issues.  You will probably have to consult an attorney to get this straightened out.     ... Read More

How do you know there is a will?  You should file an administration proceeding, which gives you half.  That will smoke him out to file the will.  If he does nothing, you will be in charge and can do whatever you want and you will get half of the assets.  If he files the will, then you can get the court to order things.... Read More

I think the answer is that the person whose name is on the deed owns the real property and anything "fixed" to the property.  Tangible, moveable items, such as your mother's clothes, jewelry, appliances, etc. are likely assets of her estate and will pass by operation of her will or, in the absence of a will, the laws of intestate succession.  Please note that if the deed transfer occurred within one year of your mother's death and was for less than fair market value (such as a $1 gift), there may be inheritance tax payable on the value of the property.  You should speak with an attorney who handles probate and estate administration to get advice specific to your situation .  ... Read More

You must have the original will or in some cases, a copy of the will in order to probate a will.  Without a will, the property will pass through the laws in intestacy.  I am unfamiliar with a will for farm land.  To be valid, a will must be executed by the deceased person and witnesses by two other people.  Without these formalities, a will is not valid.... Read More

Was the money put into a bank account in the name of the estate of your mother?  Or was it put into an account in your ex-partner's name?  A frozen bank account due to a criminal investigation is not a normal procedure.  You should have an attorney review your situation and advise you of your options.... Read More

Assets left to someone through a beneficiary designation belong to the person named as the beneficiary.  Therefore, no one is required to “share” these assets with you.  However, if your sister wants to share the assets, she may do so.  There will be severe tax implications for your sister to cash out the retirement accounts and give you ½ of those accounts.  Therefore, if this is something your sister wants to do, she should use the savings account to balance out the distributions.  Your sister should probably file a gift tax return this year if she is giving you the money this year as it is a gift from her and not an inheritance to you.  She should visit with a CPA before making any moves.... Read More

They are asking for Letters Testamentary.  Someone with Letters Testamentary is appointed by the probate court to be the personal representative of the estate.  To get Letters Testamentary, you will need to file a petition with the probate court where your father lived when he passed away.  Contact an attorney to discuss a formal probate proceeding or a summary proceeding to transfer your father's property.... Read More

That's an interesting question.  Obviously I'd want to see the Will and know more about the decedent's "residential" property to best answer this question.  Not knowing any of that, if I were you, I'd take the broadest meaning of that phrase and request whever you want and see what happens.  In the event of a dispute, there are ways for you to get that dispute resolved. ... Read More