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Recent Legal Answers
You will need to use the probate process. The correct process depends on whether or not your mom had a will and/or debts.
I think the POA overrides the prior spouse, even if the prior marriage is ruled valid. I do believe, at least in my state, PA, a married person can... Read Answer
I do not know what a free will is. If you want to make a last will and testament in Missouri, you should have an attorney draft and execute it.
As an executor, you are entitled to compensation by the probate code. Usually, it's five percent of non-liquid assets. Your attorney should be able... Read Answer
Usually Wills are lodged with the court. I would start my investigation by checking to see if the Will has been lodged with the Probate Court. This... Read Answer
The duties are set forth in Rhode Island statute and case law. You have been invested with great authority by the court and need to have counsel... Read Answer
It is possible to do this. I am not sure it would be the most common way for it to go.
It depends upon who your father's beneficiaries are.
Has your father died?
The answer depends on what property your father had. If it is just vehicles, then you can use the vehicle title forms. If there are bank accounts,... Read Answer
You can set up multiple living trusts to hold different properties. You should retain counsel to do this as there are some things that you will need... Read Answer
The person named in father's will needs to petition the court to be appointed personal representative. Probate should be started in the county he... Read Answer
Paul - you can leave your life insurance proceeds however you wish, but to do so, you must sign the beneficiary designation form with your insurance... Read Answer
The life insurance beneficiary is to receive the benefits free from any liens. Don't let anyone tell you otherwise.
That depends on the language of the POA. If it authorizes him to deed properties, he can do it. But, he may face claims from other heirs or... Read Answer
Assuming mother did not have a will, you can file heirship affidavits and deeds to re-title the property to your name. You can then pay taxes and... Read Answer
Do you want to keep the house? Did either of you cosign the note?
You will have to go to court either as a probate proceeding or a partition action.
Perhaps you could file an action in court and ask a court to order the remains to be turned over to you. Not sure of the legal theory. The fact... Read Answer
You notify the person to whom you granted the power that the power is no longer in effect. You should also notify any third parties who have seen or... Read Answer
Leslie - no. Do not put anybody else's name on your property while you are living. At your death, your executor will be able to sell the... Read Answer
If no will, wife and children get all . If a will, all goes to designated heir.
Delaware does not have common law marriage so if no will, no.
You are not his next of kin.