Probate Legal Questions

Perhaps a "demand letter" carries some legal force in another state, but in Massachusetts it may amount to no more than a scare tactic. Perhaps the demand letter was sent with the intention of trying to get you to make payments that you may not be responsible for making. There are extensive legal procedures that creditors must follow before the situation would ever get to the point where a sheriff could be involved. A lawsuit would have to be filed on a timely basis against your husband's estate (and perhaps against you, if the creditors are claiming that you bore some responsibility for or received some benefit from the debt). The estate would have the right to file an answer to the lawsuit, and the creditors would have to prove that they have a valid debt.... Read Answer

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. Although the courts are backed up, it is my understanding that they still will consider the issuance of temporary letters of administration (or preliminary letters if there is a WilL offered for probate0. When petitioning, the petitioner can make a written request for the issuance of the temporary letters. At its discretion, the court may accept a written request for such letters. Generally, a court would issue preliminary letters when there is a potential waste of assets. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read Answer

Hello. My name is Damien. I am a Trusts & Estates attorney in New York City practicing in the New York City metropolitan area. One way to determine if someone had a Will after they have died is to check with the Surrogate's Court to see if anyone filed a petition to probate the Will. If so, the Will would be filed with the Surrogate's Court. So, you can check with the court. If you need any assistance, a New York Trusts & Estates Attorney could help you.... Read Answer

The need for probate would exist if the real estate were in your mother's sole name at the time of her death. Whether probate is needed for real estate after someone's death is not based on how much it is worth. Perhap the best way to think of whether probate is needed is to ask this question:  If the real estate were being sold, who would be able to sign the deed, and what would give that person the right to sell the real estate that is in somebody else's name?... Read Answer

Generally speaking, creditors have 6 months from the date of death to present a claim against the estate to the appointed administrator.  See Section 2117.06 of the Ohio Revised Code (link below).  Depending on the details, you may want to sit down with an attorney to see if you have any options available. https://codes.ohio.gov/ohio-revised-code/section-2117.06 Best of luck.... Read Answer

As Executor you must either sell the house if that is needed to pay the debts or record a distribution deed from you as exxecutor to all of the beneficiaries under the Will.  Only then may you buy out your siblings and keep the house.  you and your siblings cannot reach an agreement on price, they can file a Suit for Partition, forcing sale to a third party at fair market value.  If you squat in the, you can be evicted and replaced as executor and may owe your siblings, not to mention what this will do to family harmony and to your reputation.   Not a recommended course of action.... Read Answer

It depends somewhat on how the property was bequeathed.  If it was directly passed in undivided interests to four beneficiaries you may be stuck with it, absent agreement or a law suit for partition of the property (a court ordered sale).  If on the other hand the property is simply in the "residue" of the estate and not specifically passed, then generally it will need to be sold, or alternatively, for the ones opting to keep the property can buy out the others.  ... Read Answer

When you say would she get the home, do you mean if you pass away?  Since this is posted under Wills and Probate, I will answer with those facts.  In short, it depends on what the title says.  If she is on the deed and it is jointly owned with rights of survivorship, then yes, she gets the home if you pass away.  If she is on the deed and there are no survivorship rights, then she owns her 1/2 interest in the property and the other half is subject to your probate estate.  Note that surviving spouses have additional rights here in Ohio, so she may still be able to obtain full ownership in the property depending on the entirety of the circumstances.  Section 2106.10 of the Ohio Revised Code, e.g. I recommend consulting with an estate planning attorney to ensure youe estate is set up properly and your assets will pass the way you wish. Best of luck.  ... Read Answer

Most county deed records are available online, often for free.  Please keep in mind that unless your mother recorded a Transfer on Death or Lady Bird Deed (officially called a General Warranty Deed Reserving Extended Life Estate), the home belongs to you mother's estate, not to you and not to your brother.  Someone must probate (prove) the estate to transfer title to the people named in her Will, if any, or, if none, to her heirs under Texas law.... Read Answer

The lien and the right to collect the money becomes the property  of the decedent's estate.  All parties can sign and file a Release of Lien in the county deed records.  This should be done before attempting to sell the property:  it is doubtful a buyer would want to assume such a lien.... Read Answer

A Will has no legal effect until it is admitted to probate.  If the Will has not been submitted to a court for probate, seek the assistance of a local probate lawyer.  Then ask the court to issue a turnover order, ordering your sister to turn everything over so that it can the assets can be assembled, the debts paid and the remainder distributed according to the Will.  Note that life insurance only passes under the Will if there is no named beneficiary.... Read Answer

I think you may be confused and using the wrong term, because you don't "need" an estate, it simply comes into being when you die (there are other types of estates, such as a bankruptcy estate, but I"m talking about a decedent's estate).  When a person dies, his estate automatically comes into being, whether or not there is a will.  The estate becomes responsible for the decedent's debts, owns his property, etc.  If there is a will, the person's assets will be distributed pursuant to its terms (with exceptions, such as accounts with named beneficiaries, which pass accoring to the beneficiary designation regardless of the will,  life insurance proceeds, property owned jointly witha right of survivorship, etc.)  If there is a will, benerally the person named in the will as the executor administrers the estate.  If there is no will, a person will be appointed by the court to administer the estate (in NY this person is called an estate administrator, but the term may be different in Texas).  If there are no issues with the estate, i.e. everyone agrees on who is to get what, all ceditors are satisfied, there are no changes of title or other official documentation needed, you may not have to go to court, but if there are any disputes or official documentation needed, you will have to, will or no will. I hope this helps.... Read Answer

I agree with Ms. Garrett.  A POA is no longer valid after the principal has passed away.  The fate of the house depends on a few things.  1. How was title held?  Was there was joint ownership or a transfer on death beneficiary? Is it owned by a Trust? If no to (1) above, then probate is needed. 2. Is there a Will?  If so, the terms of the Will dictate what happens. 3. if no Will, then Ohio's rules of descent and distribution govern.  (O.R.C. 2105.06) At the end of the day, for a definitive answer you need to sit down with a probate attorney to review your case in detail and advise you. Best of luck.  ... Read Answer

The executor herself is not entitled to information regarding the TOD recipients so can hardly be expected to share it with you.  If you think that you may be among them, deliver a death certificate to the relevant financial institution.  If you are, it will speak with you.  If not, not.   As benefits under the estate, if you are a beneficiary under the Will, you will likely be notified once it is admitted to probate.  When a Will is admitted to probate it becomes a pubic document.  Check with the local probate court clerk.  Some months after an executor is appointed by the Court, an Inventory must be submitted.  This, too, is a public document.... Read Answer

While an executor or administrator is not authorized to act before being formally appointed by the Court, lawyers commonly advise them to lock the house beforehand to prevent theft from the estate.  In this instance, you are the executor.  If you have been appointed from the Court, ask your probate lawyer to file a Motion for an Order to Show Cause or a Motion for a Turnover Order.  An Order to Show Cause orders the person to come into court to explain what cause they had to do what they did.  A Turnover Order orders someone to turn something over (in this case the locking mechanism).  While this fellow may eventually inherit, it is your duty to assemble the property, compile an inventory for the Court, pay the debts and distribute the rest.  This definitely includes accessing the property in the house and may include selling it to pay the debts. Your own property in the house is another question.  But once the Court's Order is in place, you should have access to it. All this legal work is a cost of the estate.  If the estate is small, having to do it may mean that you will have to sell the house.  The person who changed the locks might be apprised of this.... Read Answer