Probate Legal Questions

There is no specific timeframe for the administration of an estate. It really depends on what kind of issues have arisen in the probate. For example, there might be contested creditors' claims or other controversies, big and small. I would say the time line you describe is not unduly long, but you should certainly be able to receive a copy of the inventory and any interim accountings.... Read Answer

This is a very fact-based sitatuon and I would recommed you contacting an attorney as soon as you can.  Your individual rights to anything (documents, property, etc.) can depend on many factors which can't be appropriately addressed in this sort of forum or without knowing more of the facts. ... Read Answer

Most likely two wills were made. Your mother had her will, and your father had his will.  Usually a will can be revoked and changed whenever desired.  However, sometimes it can be argued that one's will was made on reliance of the terms of one's spouse's will; and, therefore, the wills cannot be changed.  More facts are needed, and the wills need to be reviewed.... Read Answer

If your mom died without a Will, the Intestate laws are triggered.  The state dictates who the beneficiaries are, which usually begins with surviving parents.  I believe you and your sibling would share equally.  However, one of you must open up an Estate at your County’s Orphans Court.  That person would be appointed administrator of the Estate and generally has wide discretion provided that the Estate is divided equally as the administrator is a fiduciary for the Estate, not just their own interests. I trust this answers your questions, and, if you live in the Delaware Valley, 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 nahrganglaw.com  ... Read Answer

Depending on the county in which the proceeding would be located.  If you are in a county with statutory probate courts, in all likelihood you will be required to have a lawyer.  Smaller counties, not so much.   With statutory probate courts in larger counties, the rule is that in order to represent someone else in court, you need to have a law license.  Since probate proceedings create a separate entity.. The Estate of ..., a licensed lawyer has to represent that estate.... Read Answer

I regret that you have a severe uphill battle which you will likely lose.  As your fiancé passed away, all of his property became property of the Estate which I trust his father is administering.  Since there is no Will, Intestate laws dictate distribution.  I believe parents take first and the house will become his property.  He may then keep it or sell it as he wishes and can certainly decline selling it to you.  Your only potential claim against the Estate is unjust enrichment for reimbursement of the funds you invested.  The argument would be that your fiancé knew or should have known he was going to reimburse you with funds or an interest in the real estate.  However, the Dead Mans Statute may very well preclude any evidence of what he may have said to you at any time.  If you wish to make a claim, you should seek estate counsel ASAP. I trust this answers your questions and, if you live in the Delaware Valley, feel free 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 nahrganglaw.com... Read Answer

You have rights. You need to set up probate of the estate as your husband's next of kin and claim your dower rights to the property as part of the estate. If he was married before or had other children, that can create other issues. You want to be appointed personal representative of the estate so you can record a deed giving you full rights of ownership.   Best of luck to you. ... Read Answer

How does this relate to immigration law?  More information is needed about how the property was owned.  It is unclear if your mother had a will and whether you had an interest or rights under Tennessee law. The above is general information, not legal advice, and does not create an attorney client relationship.... Read Answer

If the estate is pending in Georgia, merely walk into the probate court where the estate is pending and ask for a copy of the entire file.  Estate files are public records and anyone is entitled to a copy of the file. You will have to pay for it.  If you are seeking to correct an alleged wrong, any attorney is going to need a copy of the file anyway to start working on the matter.  Better to get a copy of the file now and try to figure out for yourself what is going on.  ... Read Answer

Hi, It should be easy to transfer the  judgment to your name since you are the trustee.  BUT that is assuming the judgment was part of the trust.  I would need to read the trust.  Otherwise, you might have to go to court to change the name of the judgment creditor.  How fast this can be done also depends upon the amount of the judgment.   I also happen to do a lot of collection work.  Is the judgment still valid?  When was it entered? Was it renewed?   I would need more information to give you difinitive answers.... Read Answer

Depending on the documents, based on how you describe things, your step-father does not have dower rights (the right of a widow or widower to reside in the property after the spouse's death). A court would be hard pressed to accept that this was not done previously. Again, the papers, the will and the deed will be deciding as to whether he has a claim or not. On these facts, it doesn't look like it but it makes sense to review this with counsel before deciding what to do.... Read Answer

Hello.  Thank you for reaching out.  Yes, it is important to have both a financial and healthcare power of attorney in place.  This protects both you and your heir from having to go through a lengthy and costly probate court process to become your Guardian or Conservator if you become incapacitated. Additionally, you should consider having a Will or Living Trust to plan for and protect your assets. Feel free to reach out if you would like assistance.... Read Answer

You should have been notified when your father's Will was offered for probate, yes. The only exception is that, if you were under 18 at that time, your notice would have generally been provided to a guardian ad litem- generally, an attorney appointed by the probate court to review the Will and represent your interests.  ... Read Answer

You don't stated whether there was ever a divorce. You also don't state where the deceased person had his principal residence. Both of those things are critical facts.   In general, for people who have their principal residence in Georgia, a legal divorce causes a former spouse to be treated as if she died before the person did under a Will that was executed during the marriage and that does not specifically state that it is intended to remain in effect even after a divorce. But if there was a separation but never a divorce, then the ex-wife is not an ex-wife; she's a current wife, and still has full rights. And other states may have somewhat different results even if a divorce became final.   Whoever is nominated as the Executor of the Will needs to hire an experienced probate attorney to help with this situation. That's the best way for that person to figure out who has what rights.  ... Read Answer

Hello.  I'm sorry to hear about the passing of your grandmother.     If she had no Will, this means that she died "intestate".  This means that the laws of the state of Michigan will determine who receives her assets.  If she was on state assistance, they will likely file a claim against her estate for reimbursment of any funds paid on her behalf.  If she only has her home, this could mean that her Personal Representative would have to sell her home to generate funds and pay the claim.... Read Answer

There are quite a few local services that could help with the leg work/"boots on the ground" to clear out her condo and clean it up.  You could have yourself appointed to have the necessary legal authority, hire people to clean out the condo and get it ready to sell, then sell it and receive the proceeds.     It's hard to say the headaches you may have down the road if you do nothing...... Read Answer

I'm not quite sure if I understand what you're asking.  But I'll try to answer.     If a beneficiary was named on an account for someone who passed away, that beneficiary becomes the owner of the account.  This asset would be outside of the probate estate and the Personal Representative of the estate would have no legal authority to inquire about the account or received information.... Read Answer