Probate Legal Questions

A written will is the only method to bequeath assets to a beneficiary after death.  If the brother had power of attorney, as long as he acted in his brothers interests, he was free to take whatever action he deemed appropriate including selling assets.  If you are not mentioned in the will, you have no claim to any of the estate. Creditors are a different matter.  If he owed you money, you can file a claim in probate seeking a share of the estate in that manner.   I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email 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 More

To a certain extent, it depends on what items you're talking about and what estate planning documents your father had in place.  If items were in a Trust for example, the terms of the Trust would govern what happens with those items.  Generally speaking however, household goods are part of a person's probate estate and nobody has the legal right to remove those items.  They must be inventoried and distributed in accordance with the order of the probate court.... Read More

If there is a joint tenancy deed in place when one of the joint tenants dies, the property automatically transfers to the surviving joint tenants. A survivng joint tenant should have access to the property and if that is denied by the other joint tenant without a basis there may have to be a lawsuit to gain access.  You may want to start with a search of the title with the Recorders office to determine exactly what the title is. ... Read More

Unfortunately the check if payable to the estate cannot be just cashed. Try and contact the insurance company to see if they will reissue itl. Another alternative may be an Small Estate Affidavit signed by whomever is entitled to the property. This affidavit can be used when the estate is under a certain dollar value. In Arizona right now that would be $75,000. You can find the form on line or any estate attorney should be able to assist you for a modest fee.... Read More

The simplest and easiest and lowest tax way to leave you his real estate, is to grant a deed to himself and you jointly with right of suvivorship. I highly recommend having a lawyer draft the deed for you. If the land is valuable and, especially if he has other children, it would also make sense to have him do will disposing of all of his property so there are no questions when he is no longer with us. There is no need to adopt. Just remember, estates can bring out the best and worst in people; having everything in place is always best.... Read More

I would suggest that you find a competent probate lawyer to assist you .  An affidavit of heirship is not that  difficult to prepare if you provide all of the information that a lawyer needs. Your question says you opted not to probate the will because you were paying for the property (big mistake). Then you complain about a lawyer who never finished the probate.  Which is it.... Read More

It depends!  Don't you just love that.  IF your dad had a will and left everything to his new wife, then her will, if any, controls.  Whether he left a will or not, both estates have to go through probate court to determine who gets what.  Your best bet is to hire a lawyer to represent your interests.... Read More

Your mother needs to hire an attorney. Unfortunately, there's really nothing I can tell you in this kind of forum that will give her any help. If your father was actually left an interest in the property, and if his interest was left to your mother at his death, then she likely has a right to a share of the sales proceeds. But that may not actually be what happened. There's no way to know what actually happened and whether your father actually received an interest that he was able to pass to your mother at his death without seeing the underlying documents. Your mother needs to consiult an attorney who is experienced in working with estates, including contested estates, as soon as possible. She shouldn't keep waiting. Best wishes to you and your mother.  ... Read More

Whoever told you they need a power of attorney, has no idea what they are talking about.  Powers of Attorney in Texas (and everywhere else for that matter) are revoked upon death.  So even if your son had given you his power of attorney, it would no longer be a valid document.  What you don't say in your question is what you are trying to do with his vehicle.  I don't know where you are located, but most probate and estate planning lawyers will spend some time with you on the phone for nominal charges or for free to get you pointed in the right direction.  ... Read More

The short answer is maybe.  In order to create or change a Will your grandmother needed "testamentary capacity."  This requires that when she signed the Will she: Understood the nature of the business in which she was engaged; Comprehended generally the nature and extent of the property which constituted hed estate; Held in her mind the names and identity of those who have natural claims on her bounty; and Appreciated her relation to the members of her family. Even if she had some mental difficulties, if she had a "lucid interval" and could satisfy the above criteria, then amendment to the Will would be legally valid.  That being said, if there were concerns about that, you can always challenge the Will.  Time may be of the essence as you only have 3 months from the date a Will is probated to challenge it. See Section 2107.76 of the Ohio Revised Code (link below) https://codes.ohio.gov/ohio-revised-code/section-2107.76... Read More

Unfortunately, without being able to actually see the document that created the fund in question, it's not possible for anyone to be able to tell you whether the trustee has the right to withhold distributions. Too much depends on exactly how the fund is set up and what the controlling terms are. For example, if the money was really just a Georgia Uniform Gifts to Minors (or Uniform Trusts for Minors) custodial account that your son's grandfather set up with your son's father as the custodian, then your son's father may effectively have the right to control whether your son can receive or use the funds until your son turns 21. If the money was put into a Section 529 Plan account for your son's benefit, with his father as the owner of the account, then he may also have the right to determine whether a distribution comes out of the account no matter how old your son is. But, if the money was set up in a trust created by the grandfather during his lifetime or under his Will, then the terms of the Will or trust document may (or may not) give your son more rights to force his father, as Trustee, to make a distribution even if the father does not agree with his choice of school.   Your son can consult an attorney. The attorney can help him demand more information from his father about exactly how the fund is set up, figure out what rights he may have, and, if needed and possible, work to try to get the father to make the distribution or resign so that another trustee can step in. But in this kind of forum, it will not be possible for anyone to be able to tell him what his options are. (Please also note: if your son is 18, you likely can't sue the trustee for him- he will need to do it himself. However, you can certainly help him with finding and working with an attorney.)   Best wishes to you and your son.  ... Read More

Generally, The Executor cannot sell real property without first filing a petition to see nwith the Court.   There is an exception when the will gives the executor the power to seel without court order.  If there are no debts, you should be able to stop the sale.  John E Tantum   2523932235... Read More

Your situtaion is not entirely clear, but I strongly urge you to get counsel versed in disability law.  You might start with the Legal Aid Center of Southern Nevada, but your inquiry actually is in disability law, and will, trust, and probate, rather than in family law.  Do seek assistance, and find out the truth.... Read More

See Section 5808.13(c) of the Ohio Revised Code.  (link below)  As a beneficiary of a Trust you can demand a full accounting and he is legally obligated to provide one to you. https://codes.ohio.gov/ohio-revised-code/section-5808.13   If the brother knows where the Will is etc., and refuses to produce it that is also a violation of Ohio Statutes.  See Section 2107.10 of the Ohio Revised Code.  https://codes.ohio.gov/ohio-revised-code/section-2107.10   Ultimately, if he is refusing to fulfill his obligations at law, then your recourse is to hire an attorney and bring a lawsuit against him.    Best of luck.      ... Read More

Generally speaking, you need to open an estate in the name of the deceased person and have someone appointed administrator.  The administrator can then execute an Administrator's Deed giving the property to the heirs. If the people who paid off the house are not the heirs, they will need to file a claim against the house for the money paid towards the mortgage.  ... Read More

Please accept my condolences on the loss of your mother. As for your question, without more information it's not really possible to know exactly how your name and your sister's name got on the deed to your mother's house, but I will make some assumptions. If my assumptions are not correct, this answer will not be correct either. And, even if it is, you shouldn't rely on it- if you really want to know what rights your father might have versus the rights you and your sister might have, you'll need to actually consult an attorney. This is not a forum that allows for actual consultations. What I assume is this: Your mother died without a Will. She and your father owned the home as tenants in common, which means both of their names were on the deed but the deed did not contain the words needed to create a right of survivorship between them. So, when she died, her 1/2 of the house became part of her probate estate. Your father, you, and your sister were your mother's heirs. Your father either failed to file a claim for a year's support from her estate and ask that her interest in the house be awarded to him or he filed that claim but for some reason her interest in the house was not granted to him. For that reason, under Georgia intestacy law, her 1/2 of the property passed 1/3 to you, 1/3 to your sister, and 1/3 to your father. IF all of those assumptions are correct, then your father likely can't sue you now. UNLESS your mother died less than 2 years ago, the estate was not previously fully administered, and he's realized that he can still make the year's support claim and get her entire interest in the house that way. In which case, he CAN still make that claim for year's support and take the interests in the house away from you and your sister. You REALLY need to get a consultation with an attorney. It's really the only way for anyone to be able to understand exaclty what's going on and what rights and options you may have. Call an experienced probate attorney as soon as you can and get a consultation. Best wishes to you.    ... Read More