Probate Legal Questions

It is true that the only way to transfer ownership of a decedents assets is through probate.  Moreover, you will need to defend the foreclosure case but should set up an estate ASAP to assure you have authority to act on behalf of the estate.  To that end, you should consult an attorney who handles trusts and estates.  Depending on where you are located, I am happy to refer you to someone. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

It depends on the nature of ownership.  If the deed reflects joint tenants with the right of survivorship, there is no action for you to take.  The title company will simply need a copy of the death certificate to prove you are now sole owner.  However, if it is owned as tenants in common, an estate must be opened and the estate will be the co seller. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You would need to open an estate and, assuming you are the beneficiary, the estate can deed the house to you. I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Hello, While the specifics will vary, the general answer is no, your spouse would not be entitled to any money you inherit. In Texas, inheritance is considered separate property and therefore your spouse has no rights to it. However, the big exception to this is if you "commingle" the funds. For example, if you inherit the money from your father, place it in your joint bank account, and both you and your spouse regularly put money into and pull money out of the account over several years, then it may be hard to prove exactly how much of that money is separate vs. community property. Therefore, the wisest thing to do to protect your inheritance would be to open a separate bank account for the inherited money and not mix any other funds into that account (your wages from work are generally considered community property in Texas, so definitely don't mix those funds in!). Anything else you inherit (such as land) would also be separate property, but if any community funds are used for it, then your spouse may have some claim for reimbursement if you get divorced.   All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.... Read Answer

Hello, The answer is that without a will, both her husband and her children will inherit portions of her estate. As long as your sister doesn't put her husband on the title to her property and no community funds are used for its maintenance or payments, then all of her children will equally inherit the property, but her husband will retain a 1/3 life estate in it. If it's deemed community property, then her husband will keep his half-ownership of the property and her children will inherit the other half of the property. Googling "Texas intestate succession chart" can give you and your sister a better idea of how her property will be inherited after her passing in a fairly easy to understand format. Obviously, there are a variety of factors that will determine how the property gets inherited, which is why it's important to speak with an attorney after she passes. Ideally, your sister should get a will made, even just a basic one, to ensure that her property goes where she wants it to go. Best regards, James M. Ringel... Read Answer

Yes, you must complete all of the estate administration tasks before filing a petition for discharge of a personal representative. That includes filing all needed federal and state income tax returns for the decedent and the estate. You may be able to make partial distributions before you file the tax returns, but you must file the tax returns before you close the estate.... Read Answer

I strongly advise obtaining an estate attorney to represent you as a beneficiary.  The first step any such attorney will take is to review the docket and pleadings.  That way, this and any future questions can be answered promptly and allow you to have peace of mind during the process.   I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Hello.  Yes, a "piece of paper" may be a valid will.  It has to be signed but not notarized; even better if written in the deceased's own hand.  This is called a "Holographic" will in CA.  Do you have a copy of this paper?  If so, you may be able to petition the court for probate of your Aunt's estate.... Read Answer

The quick answer is no, but legal representation is strongly advised, especially considering the relatively low cost.  A Will must be in writing and signed before 2 witnesses who must also acknowledge the same.  The best practice, is to have this all accomplished before a notary to assure the witnesses will never have to appear in court.    I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

A deed to a property listing multiple joint tenants with rights of survivorship will take precedence over a will that leaves that same property to another party. It is not clear from your facts who holds title to the property, i.e. who is listed on the deed, and who is named as a beneficiary under your grandma's will. You should take all those documents to an attorney in your state for his legal analysis. ... Read Answer

If a person dies without a will, then under most state laws, the property of the decedent would pass under intestate succession. This means that the property would pass to the blood relatives that are closest to the decedent, which would be the wife and any children that the decedent had. If the decedent cut you out of the will, then under most state laws you would be entitled to nothing. ... Read Answer

A Power of Attorney only allows the agent, working for whomever authorized it, to take actions on behalf of a living person.  Once that person dies, the Power becomes null and void.   There are 2 methods to administer a decedents estate, with a will or without one.  In the former case, you must possess the original will signed by 2 witnesses and notarized.  If that cant be found, an estate can be opened without one.  However, the beneficiaries will be governed by intestacy laws which dictate who may inherit.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

I am sorry to hear of your loss.  I know this is a difficult and confusion process, but our attorneys are experienced in the probate law and can assist you with this complex process.  Please call Green Country Law Group at 918-456-6113 and be prepared to provide your full contact information so that we can provide the documents necessary to establish the attorney-client relationship.... Read Answer

I am very sorry to hear of the loss of your parents.  I realize this is a difficult and confusing time.  In order to answer your question, I would have to know more.  Issues such as these require a review of the types of assets and the types of ownership.  For instance, real property (land and homes) can be owned in joint tenancy or tenancy in common.  Joint tenancy does not require probate, while the other will. Please call Green Country Law Group at 918-456-6113 and leave your relevant information for further legal guidance once an attorney-client relationship has been established.        ... Read Answer

Whether or not your children have rights to their dad's property, would depend upon whether or not Dad had a will or not.  If he had a will and it was probated, my guess is that he probably left everything to his new wife.  If not, depending on the family tree, your children could be entitled to a share of the property.  Either way someone has to go to court (Probate Court) to have the heirs determined if there is no will.... Read Answer

Ownership of the property is still in the name of your grandfather based upon the facts you recited.  Even though your parent's paid the tax, the property was never theirs.  In addition, the property is not owned by you and your siblings or whoever are the heirs of your grandfather.  The only way to straighten this out is in Probate Court in the county in which your grandfather died.  It will be an heirship proceeding and likely to be complicated based upon your writing.... Read Answer

Please accept my condolences on the loss of your relative. As for your question: If your cousin is nominated as Executor by the Will but the Will has not been offered for probate, then your cousin is not the Executor. You are only an Executor once a Will has been admitted to probate and the Executor appointed, sworn in, and issued appropriate paperwork. If you don't think that your cousin is going to be a good choice to handle the estate, then you may be able to challenge his nomination as the Executor. You may also be able to petition the probate court to compel him to produce the Will if he has not yet turned it over to the court. Contact the appropriate probate court and make sure whether the Will has been filed or not; if it hasn't, then you should contact an attorney and have the attorney help you with any further court actions to compel production of the Will or challenge the Executor's appointment. These are not good actions for self-help. Best wishes to you.... Read Answer

In cases like yours, where you may not have a good individual choice for Executor, I often suggest using a corporate fiduciary. This is either a bank or brokerage affilated trust department or an independent trust company. The actual costs will vary depending on what services they actually end up providing, but I think it's money well spent in many cases. If you have questions about potential fees, you should contact potential providers directly. Please note: In most cases, individuals are also entitled to fees for serving as Executor (or Trustee) and those fees can end up being in the same range as the fees charged by a corporate fiduciary. However, in many cases it is the individual fiduciary who ends up making mistakes or just not getting things done, so you can end up paying for worse service. Corporate fiduciaries aren't for everyone, but they are definitely for some people. Have an experienced estate planning attorney help you consider your estate planning. The attorney will generally have worked with a number of corporate fiduciaries and can often help you find some good options to consider and choose from. Best wishes to you.... Read Answer

Your husband needs to have his Will reviewed, to make sure it remained valid after your marriage and that it is validly prepared and executed. He will also need to make sure that he has any beneficiary designations up-to-date so that you are named as the primary beneficiary. Ideally, you should also have estate planning done for yourself. Any time you've had a major life event like a marriage, it's a good idea to get an estate planning consultation with an experienced estate planning attorney. That's the best way to be sure that you have a plan in place and that it will work the way you intend it to if a death or disability happens. Best wishes to you.... Read Answer