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My boyfriend passed away on 8/25. We were together 8 years &

Hello.. My boyfriend passed away on 8/25. We were together 8 years & have 3 children together. We made many "asset" purchases while together. He's oldest daughter , 24, has assumed possession of everything of his\ours. I have an interest in this as we have 3 boys . I was told I can open probate as I have the 3 boys . he passed in Santa Clara Ca. Where most of our belongings are. But our residence is in Mohave Valley Ca, where he owns property(financed) that we are renting out at present. Where should I open probate and how do I start ? Thanks so much

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
There are several problems arising from my parents' estate

There are several problems arising from my parents' estate and probate. It is, or will be, probated in Chesapeake, VA, where my brother lives and is executor of the estate. I am giving you a lot of background, but I can fill you in with some actions my brother took upon himself while having power of atty for my father, grossly misusing his authority, and hurting me financiallyMy father had Alzheimer's, and should have had a will, but . . . My brother recently found an old will dated 1996, in a box of old papers. For several reasons we can discuss, I am quite sure this will is invalid, because of its age, changes in circumstances, and serious problems with under age witnesses to the will (the atty that drew up the will is deceased). My brother is attempting to locate his widow in GA, apparently believing he can still get the will probated. Two of the witnesses were apparently the attorney's underage children, 14 years old, I believe. I have an extremely difficult time getting my brother to share info or documents relating to the estate. For example, there is an insurance policy he refuses to give me any details about. How much? Who is the beneficiary, both of us?Being without a will, the family made certain directives for my brother to follow, which he now refuses to do, to his advantage.I have had cancer and have been living on disability for many years, with my father's very generous financial help. My parents were extremely worried I would not have enough to live on once they were gone, and spoke with my brother about this, and made it clear he was to follow their instructions for me to receive $ left after the estate was closed. (Brother is set well financially) With this old will stating the two of us split any $, he is desperately trying to validate the 1996 will. So much time has passed, and both parents required assisted living care for several years, that much of the $ has been depleted, and at this time, would probably not leave either of us any windfall, particularly if divided in half.

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Attorney2

Doctoral Degree

7,096 satisfied customers
My dad passed away last month. I am wanting to educate

Hello, my dad passed away last month. I am wanting to educate myself on the process of probate law in Ky. He had no will. My step mom says she is owed all his stuff but I know my dad would want me to have something. I understand that there are inheritance laws

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
From New York Public Health Law subsection 81 - a "qualified

From New York Public Health Law subsection 81 - a "qualified person"....or a distributee of any deceased subject for whom no personal representative, as defined in the estates, powers and trusts law, has been appointed;....I am such a person and the nursing home where my Dad died is giving me the run around about getting a copy of his medical records.

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Damien Bosco

Attorney

Doctoral Degree

3,078 satisfied customers
Can a quiet title action be filed if there are no liens or

Hi. My name is Ann. Can a quiet title action be filed if there are no liens or encumbrances on the property?JA: What state are you in? It matters because laws vary by location.Customer: ColoradoJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: The property was quit claimed in mid 90s from my grandmother to her three children (my father and his two siblings) in tenancy in common. Then within the same QCD she (my grandmother) deeded the 1/3 interest of each to the spouses in joint tenancy. (example: my dad owns 1/3 interest and he and my mother own the undivided 1/3 interest in joint tenancy. My aunt (my dad's sister) quit claimed her 1/3 interest to my dad. My uncle, (my dad's brother) passed away intestate so his 1/3 interest passed by operation of law to his wife (my step-aunt); she passed away about a year later also intestate. She has 3 children from a previous marriage. An estate was never opened. Two of her children have no interest in the property and will comply with whatever needs to be done to remove them from ownership; the third is, quite frankly, extremely greedy and wants to know what the property is worth, what he stands to make out of it if my parents want to buy him out . . . . The house is ancient, is full of asbestos and has no real property value. My parents have resided in the house for many, many years; paid all taxes, upkeep etc. etc. they want to sell and move into a senior living complex but there is the one child of my step-aunt that is going to cause a stink. They don't have the money to fight this out in court - I am a retired 30 year family law paralegal and have to idea what needs to be done. That's about it in a nutshell. Thank you!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,104 satisfied customers
How to get a trustee transferred to a non-partisan person

We are caring for a person "Phyllis" with special needs, declared mentally disabled since a child. We live in Texas and the Trust left by her deceased mother was issued in under probate court in Southern California. In short summary we removed Phyllis from the home she resided in California to live with us in November 2014, because she was taken advantage of financially by the Trustee and there was some mental abuse. All of which can be confirmed by her therapist. The only asset in the Trust is the family home. The trustee who is not related to the family resides in the home, with her significant other, and disabled son. We are wanting to get the trustee transferred to a non-partisan person to administrate the trust.The trust was issued in California and we live in Texas.I was unable to obtain proof of bills paid on behalf of the household from the Trustee. Keeping in mind the home has no mortgage, so the only bills are insurance, property taxes, utilities and maintenance. We can obtain copies of the checks written from Phyllis to the Trustee for rent. She only made approx $900 a month between SSDI and SSI and she was contributing $725 per month. There were 3 other adults living in home.Phyllis currently is residing in an RV on our property but its got some weather damage. We are wanting the Trustee to either refinance the property or sell it to help purchase a cabin to replace the RV.

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
My father's widow has an ongoing medical malpractice suit

Hi, My father's widow has an ongoing medical malpractice suit against the hospital were my father died. It has been six years in the making.My father died intestate so my sister and me are beneficiaries in the suit. Two months ago she called me to tell me that the attorney said the hospital was ready to settle (appx $1.5 million). Now I try calling her and the attorney and get no response. If there was a settlement, do I have the right to know the dollar amount and how it was distributed ?JA: Estate laws vary by state. What state are you in?Customer: The lawsuit is in New JerseyJA: What documents or supporting evidence do you have?Customer: I have a letter with the case number ***** when the lawsuit was first filed. I also have records from 3 years ago, my sister and me attended a deposition.JA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know my rights as a beneficiary. Thanks for your help!

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Christopher B, Esq

Attorney

Juris Doctor

5,270 satisfied customers
In probate. My husband and I put our own $ down to cover

In probate. My husband and I put our own $ down to cover some expenses for the estate. My deceased mother'sfunds were frozen till a certain date. I had some, but minimal $ to work with from the estate until funds from bank were available. So, for example, we paid the necessary balance at funeral home, the $ to publish letter to creditors and otherincidentals here and there. Are we free to withdraw out of estate funds the amount we paid from our own pocket? Dowe need to get permission from a probate judge?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
I have the petition for summary administration, the original

I have the petition for summary administration, the original will, the combined notices (2 of them because 2 personal reps therefore 2 petitioners) ready. How do I staple these together for proper form?

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Loren

Juris Doctor

37,064 satisfied customers
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