Probate Legal Questions

Sounds like blackmail, doesn't it?  Pay my asking price or I will live in the property for free.  Fortunately a Suit to Partition can be filed.  If one sister cannot buy out the other at an agreed price, the property must be sold to a third party and the net proceeds split between the two.... Read More

Wills must be witnessed in a formal ceremony conducted by a notary.  The number of witnesses required varies from state to state.  They should also attach the state's self-proving affidavit, signed, witnessed and notarized. The problem with most self-written and many internet wills is that you don't know what you don't know and can easily omit something required to avoid the will defaulting to an heirship (which is more expensive and may not pass things the way you want) or something your executor will find useful or necessary (such as access to your online accounts) or something which will preserve benefits for a disabled beneficiary, etc.  ... Read More

Please accept my condolences on the loss of your parents. As for your question, you may have a case, but in order to have any chance of actually recovering anything you need to hire an estate and trust litigation attorney as soon as possible. I'm sorry for the short answer, but the longer you wait the less chance you have of being able to recover anything even if you win your case. Best wishes to you.... Read More

If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance company did not pass to a designated beneficiary but to your mother's estate.  If the estate is more than the maximum allowed for a Small Estate Affidavit in your state, you must probate her estate formally.  Please contact a local probate attorney.... Read More

Ask a local probate attorney to help you submit her Will for probate or, if she had no Will, apply for a determination of heirship and to administer her estate.  By federal law the mortgage lender will not be able to foreclose for six months after the court appoints you executor or administrator.  During that period, you can talk with the lender about taking over the loan or refinancing.... Read More

You can bring a suit for conversion, converting the estate's property to her own.  The sentimental value had better be high:  litigation costs money and, without evidence both of what your grandmother's things were and where they are now, it will be hard to win. You can also file an application to determine heirship, become appointed administrator of the estate and file a Motion for a Turnover Order ordering her to turn the things over at a certain time and place.  While this may be less expensive, if he raised the woman as his own, she may be a fellow heir.  Again, you wil need evidence both of what your grandmother's things were and where they are now.... Read More

Without actually seeing the will, it is difficult to speculate on what might happen.  If i read your question correctily, the person who wrote the will left her property to her 3 children and and 4 grandchildren.  This is an unusual way to bequeath an estate in my experience.  If the will has the correct language, then the additional grandchild will step in as an heir as well.  If it does not, then that additional grandchild is out of luck.   Typically in the situation you describe, a person would leave their estate to all of their children and if a child was dead and left children, that child's share would pass to his or her children.  If that's what the will says then in all likelihood the after born grandchild is probably an heir as well. You would be best advised to seek legal counsel.... Read More

Neither occupancy nor paying taxes confers ownership.  If the title company will accept it, your grandmother may be able to file an Affidavit of Heirship.  The title company might draft it for her.  Remember that if she was not an only child, your grandmother is not the only heir.  But she may have a claim against any other heir for paying the taxes, etc.... Read More

This sounds bogus...though your friend, as well, may be being scammed.  If you decide to loan the money, note that you cannot put a lien on or make a claim against the estate.  At best you can get a prommissory note from your friend and sue her for that, knowing that the money is probably long gone.  As Shakespeare wrote, "Neither a borrower nor a lender be for money often loses both itself and friend."... Read More

When a Will is submitted for probate, it becomes a public document.  If there is no Will, the Judgment of Heirship will state the proportions of property passing to the various heirs.  Check the county probate records.  As to actual amounts, generally over a year must pass before a beneficiary or heir is entitled to seek an accounting.  This gives the person settling the estate some time to gather assets, pay bill and submit the final tax return.... Read More

A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the local probate court.  If your mother died over a month ago and the Will has not been submitted for probate, there may have been no Will or someone may need an incentive to submit it.  Hire a local probate lawyer to help you file an application to determine heirship and be appointed to administer your mother's estate.... Read More