Probate Legal Questions

It's a little hard for me to tell exactly what has transpired here.  From what you've said, it sounds like your father needs a conservatorship and guardianship, to look after both his financial and business affairs, and his health and daily care. I'm not clear on whether the existing order puts his wife in that position? If not, and you were to ask the court to impose these protective orders, they would supersede a power of attorney. In any event, the court could hear an objection by you that you are wrongfully being kept from your father by his wife.  Basically, it sounds like to you need to go back to court, either for this purpose, or to have yourself appointed as guardian or conservator, or to obtain an order that you be allowed to visit your father.... Read Answer

In most cases, a child can still inherit from a parent who gave up that parent's parental rights if the parent dies with no Will. The exception would generally be that, if the child is legally adopted by someone, then that child may  not be able to inherit from the biological parent and would instead inherit from the child's adoptive parent.... Read Answer

More information  is needed.   Generally, a will needs to be submitted to probate court so that the validity of the will can be determined.    Probate court also requires notice be sent to the various hiers and benificaries of the decedent.   In the probate process, the benificiars are required to have notice as to the contents of the will.   Further, cetain assests such as jointly owned property, bank accounts, etc. may pass out side of a will.   Under certain circumstances, if the probate process is not intiated in a timely fashion, intrested parties may be able to intiate the estate adminstration process. Under the circumstances, it would be in your husband's best intrests to contact an attorney to fully discuss your husband's situation with his father's esated and how to proceed.   Best Regards, Attorney Lasko tel 203 329-6602 www.laskolaw.net... Read Answer

Life insurance proceeds do not pass through the probate court. However, since your father was the beneficiary of mom's life insurance policy, and he is now deceased, you have to open up a probate case for your father and collect the proceeds of the policy, and then the court would distribute them to wit: to the heirs under Dad's will, or if Dad died without a will, then they would pass to the closest blood relatives under Florida's intestacy statute. Of course, keep in mind this is just the general rule. You would need to discuss all the facts and review all the documents with an attorney here in Florida for more specific advice.... Read Answer

Using beneficiary deeds as a substitute for a will or a trust is not efficient although it may seem so when you do it. With one or two beneficiaries, such a deed might be a good way to pass property. Maybe. With multiple beneficiaries, there is a strong possibility of conflicts between ownerships and what to do with the property. The fact that there is an infant involved creates a bigger potential problem. Whatever money you believe you are saving by using a beneficiary deeds may be lost upon your death. My recommendation is that you contact an estate planning attorney an have a proper estate plan created, whether it is will based or trust based. An attorney can explain the benefits of each.... Read Answer

It's always a good idea to plan ahead.  Unfortuantely, it's not easy to answer your question definiteively without more information.  As much as we'd like to answer your question, we wouldn't want to make any assumptions in making any recommendations and lead you astray. Generally speaking, it's a good idea to set up a living trust.  Trusts are the best way to avoid probate and provide for a seamless administration of an estate.  That said, not all situations call for a trust.  It depends on various factors.  We suggest contacting an estate planning attorney, preferably in the state where your brother holds his assets.      ... Read Answer

To transfer the property into your name, you may need to follow these steps in Oregon: Locate the original will: Ensure you have the original copy of the will that clearly states the property is being left to you. This document will serve as evidence of your inheritance. Initiate probate proceedings: If the property needs to go through the probate process, you should consult with an attorney to start the proceedings. The court will oversee the transfer of the property and validate the will. Petition the court: As the beneficiary named in the will, you may need to petition the court to officially recognize you as the legal owner of the property. Your attorney can guide you through the necessary paperwork and help you file the petition. Provide documentation: Gather any relevant documents such as the death certificate, the original will, and any supporting evidence of your relationship with the deceased. These documents will be required during the probate process. Attend court hearings: Depending on the complexity of the case, there may be court hearings where you will need to present your case and provide evidence supporting your claim to the property. Obtain a new deed: Once the court has recognized you as the rightful owner, you can work with a real estate attorney to prepare a new deed transferring the property into your name. The attorney will help ensure the proper legal procedures are followed and the deed is recorded with the appropriate government office. Remember, it is important to consult with an experienced real estate attorney in Oregon who can guide you through the specific legal requirements and processes involved in transferring the property. They will provide personalized advice based on your situation.... Read Answer

The timeline for dividing assets and finalizing a will can vary depending on numerous factors, including the complexity of the estate, the presence of disputes or challenges, and the efficiency of the legal process. While there is no set time that universally defines "too long" for the division of assets, it is desirable for the process to be completed in a reasonable amount of time. If it has been three years and the finalization of the will is still pending, it may be a good idea to consult with an attorney who specializes in estate administration and probate law in the state of Illinois. They can review the specifics of the case, assess any potential delays or obstacles, and provide guidance on how to proceed. They may be able to offer advice on expediting the process or resolving any outstanding issues to ensure the timely distribution of assets according to the terms of the will. Consulting with a local attorney who is familiar with Illinois law will provide you with the most accurate and relevant information for your situation.... Read Answer

There is no way to answer that question without actually looking at the document that you are being asked to sign. If there is an attorney involved, and it sounds like there is, you should ask your brother for the name and phone number of the attorney for your mother's succession and ask the succession attorney to explain the reasons for your brother's request.  ... Read Answer

If you are not the beneficiary, you lack standing to address this matter.  Your brother-in-law's personal representative has standing to compel the life insurance company to disclose who the beneficiary is.  You should consider contacting him and offer to pay him out of your pocket to conduct that discovery.  He probably is not pursuing that information to avoid wasting assets of your brother-in-law's estate merely to learn who the beneficiary is.  ... Read Answer

Which county?  Most surrogate courts will allow you to search public records in person; other require appointments.  You can also mail in a request and I believe the charge is $10 for the search and $3 per page for copies.  Give me a call if you need some help. Melanie Ryan Nutley, NJ  917-346-6547  ... Read Answer

If all of the beneficiaries are Class A (spouse, children, etc) there won't be inheritance tax.   He should get a simple will drawn up even if he doesn't have a ton of assets.  If someone passes intestate, meaning without a will, its a bit more complicated and expensive to settle the estate.  Another possibility is to add you to the bank account, either as a joint account holder or a TOD "transfer on death."     Melanie Ryan,Esq, Nutley, NJ 917-346-6547... Read Answer

Hello, Thankfully the process to claim excess funds is fairly simple. All you have to do is prove that you and your sister were the rightful owners or heirs to your father's Estate (which it sounds like you've done since you are Administrators of his Estate), and file a Petition with the Court. The Petition should include the legal description of the property (as much as possible), that you and your sisters were the previous owners/heirs of your father's Estate, that all delinquent taxes, interest, etc. were paid (which they almost certainly were since the it was a county sale for delinquent taxes), and how much each of you should get from the excess funds. You should be able to use the template at the following link as a good base, but obviously you will have to change and/or verify that all of it is accurate: https://co.jefferson.tx.us/dclerk/MOTION_TO_RELEASE_EXCESS_PROCEEDS_FORM.pdf. A lawyer can help you determine if everything is correct if you are uncertain, but in many cases it's a straightforward and simple process to get the excess funds released with a 5-10min hearing. Best,James M. RingelAttorney at Law... Read Answer

Hello - your question showed up to me as an attorney in Colorado.  I don't know if perhaps your mother passed away in Colorado, as I see that you are in Tennessee.  In Colorado a claim against an estate is barred (i.e., no longer valid) after one year following death (sooner if notice has been sent to the creditor).  If she passed in Tennessee, its laws would govern, but it may have a similar law.... Read Answer

Review of wills and tools to distribute assets outside of probate are required to analyze correct estate administration.  In many instances, a will may purport to convey assets that are addressed through tools (trusts, deeds, or direct contractual beneficiary designations).  A full title search and review of filed documents in probate court would be necessary to determine appropriate conveyance of real property after death.... Read Answer

Yes, you can put a home with a mortgage on it into a living trust. I am not licensed in CT, so I would only be speculating on the cost in that state.  I suggest you contact an estate planning attorney in your area and they will be able to help you with all of your planning needs. ... Read Answer

A client has an unconditional right to discharge his lawyer at any time. The only financial responsibility the client would have would be a lien for costs expended by the lawyer, and a charging Lien for work he completed. If it's only been a couple of days, obviously no costs have been expended, and  no work product has been completed.    ... Read Answer

You, as the Executor, should be able to sell the property (you should check with your probate attorney to make sure you don't need court permission first). To carry out the transfer, you'll need to execute an Executor's Deed that transfers the property from the estate to the purchaser. I strongly recommend having a real estate attorney help with that; deeds are not good do-it-yourself projects.... Read Answer

No, you cannot deal with an estate without dealing with a probate court, at least not in Georgia. IF there is no Will, and if all parties agree, then sometimes you can file a Petition for No Administration Necessary and deal with the estate that way. But it's still a court proceeding. And if there is a surviving spouse or any surviving minor children, then it might also be possible to have the entire estate dealt with through a petition for year's support, instead of a full administration. But again, it's still a court proceeding. In any other situation, if there is a Will, then the Will must be admitted to probate before anyone has power to deal with the estate, and if there is no Will, then an administrator must be appointed to deal with the estate. If there is nothing in the probate estate because all assets were held by a trust of some kind, then you may not need a court proceeding to deal with the assets, but that's because there is no estate in that case, not because anyone agrees to avoid the court.... Read Answer