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My father recently passed away. He left some money that he

My father recently passed away. He left some money that he did not collect from my mother when she passed. The insurance company made the check payable to his estate. My father didn't leave a will and his only heirs are me and my sister. I live in California and the amount of the check is under $8000. Do I need to go to private court to cash this check or just get a small estate affidavit?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Probate*JA: What documents or supporting evidence do you have?Customer: I have a small estate affidavit notarizedJA: Anything else you want the lawyer to know before I connect you?Customer: No that's it

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RobertJDFL

Attorney

Juris Doctorate

13,442 satisfied customers
My Mother passed in January 2016. My adopted father passed

My Mother passed in January 2016. My adopted father passed in April 2016. I am assuming my adopted father should have paid for my mothers funeral. He left everything to his son (who was also named executer). I recently learned that my Mother's funeral was not paid nor was a head stone. I spoke to my step brother (executer) who said he, nor the estate would pay for either.JA: When we are ready I'll take you to the appropriate web page.Customer: I paid for both - in respect for my Mother. If he was the sole heir, I assume that includes both debt and assets? Please advise. I live in Dover DE. I would appreciate if you could refer me to a lawyer if this site cannot help. Thank you.JA: Because family law varies from place to place, can you tell me what state this is in?Customer:***@******.***JA: Has anything been filed or reported?Customer:(###) ###-####JA: Anything else you want the lawyer to know before I connect you?Customer: I have not filed anything, as I do not know the process. Note: My step father adopted us 50 years ago - so he is just not a step.

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TJ, Esq.

Juris Doctor (JD)

11,468 satisfied customers
My mother passed away she has no will i am her only heir,

hi my mother passed away she has no will i am her only heir, and i have not probabated or administrated anything Assistant: Thanks. Can you give me any more details about your issue? Customer: i got a letter from a collector looking for her executor

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,874 satisfied customers
There is a probated estate in El Paso County Colorado. There

There is a probated estate in El Paso County Colorado. There were no heirs found at the time the estate was opened, so the funds were escheated to Colorado Treasury. We have found an heir to the estate, but she is in a wheelchair and highly subsidized with Medicare, Medicaid, food stamps and subsidized housing. She does not want the money because it will jeopardize her assistance and only last her for a year or two. As an heir, can she designate that these funds be donated directly to charity (St. Jude's Children's Hospital) with a small % paid directly to us for our services without jeopardizing her government assistance? The deceased died without a will, never married, no children, parents also deceased. This heir is a sole surviving cousin.

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Loren

Juris Doctor

40,320 satisfied customers
Does a lien get placed on a house after a person dies if

does a lien get placed on a house after a person dies if they still owe on a mortgage in NJ? probate court may have given the property to the brother, even though there was no will. Will they come after the brother or will they foreclose meaning the bank on there own? will public records reflect this information?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,874 satisfied customers
Facts: A revocable Living Trust was set up in California.

Facts:A revocable Living Trust was set up in California. According to the terms of the Trust, it becomes irrevocable upon the death of the Settlor (person setting up the Trust).The Settlor did not make a Will.After his death, the Superior Court of California entered an Order giving instructions to distribute the Trust assets.Questions:1. Under the above circumstances, does California law treat the Trust as a Will?2. If so, is the same based on a statute, or case law, or both.3. I need statutory authority to treat the Trust as a Will and supporting case law (2 cases).Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,874 satisfied customers
After spending much time providing information I felt

After spending much time providing information I felt necessary in order to get sound legal counsel I submitted my message & questions. It was rejected because it contained more than 5000 characters. Therefore, I will divide the message into parts. After reading the first part if there is an attorney willing to read the remainder of my message I can attach the rest to the response.I want to apologize in advance for the length & wordiness of this question but I feel it is important that I give as much information as possible so that my situation is better understood & allows for the best answer & legal advice.I live in California & back in 2009 my "uncle" had asked me to move into his house after his wife passed away. I was reluctant to do this because I was quite happy right where I was. Moving would mean that I would have to give up so much, like my privacy, putting everything I owned into storage & reduced rent. But, after about 1 year it became apparent that it would be necessary for me to move there to care for him, protect his interests & the interests of his children. (He was going into "chat rooms" to meet women, dating women he knew nothing about & planned on taking a trip to Alaska by himself are a few things that caused me to be concerned about his well-being. Not serious but still worrisome.) In February 2010 I moved into his house & for the past 6+ yrs. I had been taking care of all of his needs 24/7. This included every aspect related to his care; Dr. appts., grocery shopping, preparing meals, transportation, laundry, etc. plus the care of the house, inside & out, dusting, waxing, vacuuming, steam cleaning carpets, stripping & waxing floors, cleaning rain gutters, lawn care, tree trimming, splitting wood for the fireplace, replacing a garbage disposal, removing & replacing the toilet in his bathroom & much more. You name it & I took care of it. If I wasn't able to then I hired someone that could, which was rare.While Howie was still alive he had told me that he wanted me to receive his VA death benefits. About 2 years ago, his youngest son had also offered that benefit to me to take at that time or said I could wait until after Howie's death to get the benefit when it would double the amount I would receive. I chose to wait. After Howie's death this past October the oldest son, Glen, who is now the Executor, had also told me that they (him, his brother & his sister) were going to pass Howie's VA death benefit on to me &, also planned to give me 1/4 of whatever the house (where I live) sells for. He also stated that I should consider receiving the VA benefit in increments over a 3 year period so that I could avoid paying the taxes on it. He had said that this would all be written up in a legal document & they wanted to make the transition for me as smooth & easy as possible.End part 1

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,186 satisfied customers
Ray, If an estate has been divided up with some heirs

Ray,If an estate has been divided up with some heirs retaining their property and others choosing to sell their property and not all of the heirs going through the quiet title procedure; will there be repercussions for the heirs who failed to quiet the titles on their property when / if the heirs who have quieted their titles apply for a judgement declaring heirsheip?

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RayAnswers

Lawyer

Doctoral Degree

39,100 satisfied customers
My mother passed away in Georgia in September of 2016. The

My mother passed away in Georgia in September of 2016. The only funds of hers I could locate was about $6200 in her bank account. I paid nearly all her debts with the funds. She still owes around $13000. Her estates consists of a few rooms of furniture, some clothes and costume jewelry nearly all of which was left in her will to me and my siblings. It is not nearly enough to cover her $13000 credit card bills. My questions is as an heir am I obligated to sell her few assets to pay off her credit cards? I believe she has money in a bank somewhere but I am having trouble locating any accounts. Thank you! Cynthia4

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Infolawyer

Attorney

Juris Doctor.

39,168 satisfied customers
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