Probate Legal Questions

Without a court order vesting title to the various assets in the legitimate heirs, no one can do anything except wait for the taxing authorities to foreclose or the reverse mortgage holder to take the property.   The power of attorney you refer to was revoked by operation oflaw when your mom or dad (whoever signed it) died.  IT is now worthless.... Read More

First, your parents' "last wishes" may have some moral force with your siblings, but have no legal effect unless they expressed those wishes in a valid will.  Assuming that your parents owned the house jointly (i.e. either as joint tenants or tenants by the entirety, which is usual with married couples) so that the survivor of the two of them would inherit the house upon the other's death, and owned it  outright,( i.e. with no one else on title, the house was not owned by a trust, etc.) and that there was no will. and that all of their children are living, each of their surviving children (assuming they had no children of other relationships) would inherit 1/5 of the house.  This means that you own 1/5 of the house and that your siblings cannot do anything with it without your consent (or a court order).  However, unless California law is different than the law in the states in which I practice, that doesn't give you the right to live there rent free.  As you can see, there are some complex issues here, and you should probbably consult a California lawyer.... Read More

You need to execute a codicil to your will changing it to name your son as executor.  It must be executed with the same fomality as the original will  If you go to the same attorney who prepared your prior will, your will may still be in his/her database and easy to change, so may as well do a whole new will rather than a codicil.... Read More

In short, it depends on how money was left to them.  If your children were beneficiaries under a Will they must be notified if a probate of the Will is started.  You can check the probate court in the county where the grandfather resided when he died to see if a case has been opened.  If they were listed as beneficiaries under something like a life insurance policy, that's when things get tough.  Somebody would have to know about the policy and notify the company that he has passed away.  The company administering the policy would send out a claim form to any beneficiaries.  Best of luck.  ... Read More

The provision means that your sisters are not to receive any compensation for their services as executors, it doesn't mean that they are not entitled to money as beneficiaries or for other services they may provide to the estate, for example if one of them was the realtor handling the sale of your mother's home.  If you believe that your sisters have wasted, and/or stolen, money from the estate, you, on behalf of the estate, can sue them.  Moreover, in New York at least, and I would expect in Texas, before a probate estate can be closed the executors are required to account to the beneficiaries and the court for what they have done with the estate's assets, and your sisters will have to provide more informaiton then 'it's gone."... Read More

Please accept my condolences on the loss of your husband. As for your posts, in Georgia a married person is free to leave assets to whomever he wishes, for the most part. As a surviving spouse, you have the right to make a claim for a "year's support" from your husband's probate estate, but otherwise if he left a valid Will, then the Will will control. It sounds as if his intent was to leave property to a trust for your benefit, rather than leaving it to you outright. That kind of planning is often done in order to allow a spouse to benefit from property but to also ensure that any remaining property at the spouse's later death will go to the deceased person's other intended beneficiaries, such as a child from a prior marriage. So, it's entirely possible that your husband did not intend to leave you property outright. Unfortunately, without actually seeing your husband's Will, no one will be able to tell you exactly what it says or how it is intended to operate. You need to contact an attorney and have them review the Will. You may be able to challenge it, if you think it is not valid or not validly execute it. You may also be able to make a claim for a year's support and get access to assets that way. However, you should not delay- you only have a fairly short period of time to act if you want to make a year's support claim or try to challenge the Will. Best wishes to you.    ... Read More

It depends what kind of tax you are talking about.  Is it real property tax (ad valorem).  If so, it is prorated as of the date of sale.   If you are talking about income tax, then you need to see a estate lawyer to determine your basis in the property to determine whether you had a gain or loss. If you are talking about estate tax, then your inheritance is at a minimum over 12 million dollars.  Hire someone.... Read More

The passing of a loved one tends to bring out the best and worst in people.   With regard to any property removed from the house, if it's ownership is specified in the Will, that is who is supposed to get it. Anyone taking anything out must account for what they took to the other heirs. As for the house, once she passed, if she gave it to everyone equally, the heirs not living in the house are entitled to be paid rent or, if there is a mortgage on the house, those living in it must pay the others' percentage of the mortgage (as well as their own). Example, if there are 3 heirs and one lives in the house, the person living in the house must pay the 2/3 of the fair market rent of the home to the other heirs. Since, family is involved, often a month or so of free rent is often ignored but at some point, the person(s) in the house have to pay their fair share per the instructions of the Will for handling the estate. I hope this helps.... Read More

If no estate planning is in place, then yes.  Under the Statutes a surviving spouse has some rights to inherit from you.  How much etc., depends on the specific circumstances.  Keep in mind that you can prepare an estate plan to address some of these concerns.  I suggest sitting down with an estate planning attorney near you to discuss.... Read More

Please accept my condolences on the loss of your husband.   You do not have to wait for your stepdaughter to offer your husband's Will for probate. You could either file a Petition to Probate the Will yourself, if she won't do it, or file a Petition for Year's Support against the estate. You could also file with the court asking that the court compel her to produce the Will. You have a number of options.   You really need to get an attorney to helpl you, ideally; preferably one who deals with contested estates as well as regular probate matters. But get started soon. Timing can be critical. Best wishes to you.  ... Read More

Please accept my condolences on the loss of your husband.   You do not have to wait for your stepdaughter to offer your husband's Will for probate. You could either file a Petition to Probate the Will yourself, if she won't do it, or file a Petition for Year's Support against the estate. You could also file with the court asking that the court compel her to produce the Will. You have a number of options.   You really need to get an attorney to helpl you, ideally; preferably one who deals with contested estates as well as regular probate matters. But get started soon. Timing can be critical. Best wishes to you.    ... Read More

You are unable to notarize your own signature as a matter of law.  Notaries are often used to help avoid hearing or litigation in the future.  However, notarization is not a per se requirement to create a valid Will.  See Section 2107.03 of the Ohio Revised Code.  As long as two witnesses can attest to the required formalities, the Will should be satisfy that provision of the law.... Read More

For the house, you need to hire a lawyer to help you through the probate process. If your father died without a will, you would require an intestate probate process in the county where your father lived/owned property. While some individuals may be able to do it themselves, I recommend you consult with a lawyer first. For the vehicle, you may be able to use an affidavit of heirship for a Motor Vehicle. ... Read More

Court proceedings including probate often take a long time especially when one or more heirs are not cooperative.  It is likely that the son in California will have to be served with citation and that the action will have to be converted to a dependent administration.  If you feel your lawyer is ignoring you, you are certainly free to discharge him or her and hire a new one.... Read More

The Will does not apply because your father designated you as the beneficiary on the IRA account.  The Will only applies to assets that remain in your father's estate after all non-probate transfers occur.  Yes, you should either open an account or contact an independent financial advisor and accountant to consider all other options for rolling the asset over to another institution.  Please consult with an Estate Planning attorney to do a comprehensive evaluation of your father's entire estate and your unique situation.   Best of luck.... Read More

Please accept my condolences on the loss of your mother.   As for your question, unfortunately it can be difficult to find a Will sometimes, if the person who made it was not careful (or was too careful) about whether she kept it. Here's about the best thing you can do to try to find out if a person had a Will or not: 1. Do as thorough a search as possible of the person's home, car, any safe deposit box, and any storage units- anywhere she may have kept anything, especially sensitive documents. Go through everything with a fine-toothed comb. Don't just look for a Will- look for cards or other info for attorneys or any other evidence that she may have worked with an attorney on a Will, look for drafts, etc. If you find an attorney's info, call the attorney's office and ask if they may have worked with your mother and that you are trying to find her Will after her death.   2. Contact the probate court for any county your mother lived in or previously lived in. When you call, do not simply ask if a Will is on file for your mother. Ask very specifically whether any Will was filed "for safekeeping" for your mother. If you just ask whether a Will was filed, the courts may not think to look in the safekeeping records and may overlook those.   3. If after taking the first two steps you still don't have a Will, then you can likely assume that your mother did not have a Will. That is possible- I have seen and heard of people who spoke of having Wills many times during their liives but then turned out not to have any. People do not always carry through on their intentions. Best wishes to you and your family.... Read More