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Recent Intestate questions

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
I am the executor of an estate. I am also a beneficiary of

I am the executor of an estate. I am also a beneficiary of the estate. The decedent of the estate made a clear promise of money to me in the presence of a witness. The money promised far exceeded the wills allotment to me. Do I have a legal claim against the estate? If so, how does that impact my function as executor?

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Marsha411JD

Doctoral Degree

18,946 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
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
Deceased family member left what looks like to be a will

Deceased family member left what looks like to be a will behind, but is a hand-written paper that is not legalized or on file with county court. State of Washington. What legitimacy does this document carry? What does WA state law concerning wills and intestancy?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
My father passed away recently intestate and had a few bank

My father passed away recently intestate and had a few bank accounts (checking, super saver and a CD) that were held in both his and my mother's name as the same credit union institute. He also had a credit card issued from the same institution that was in his name but had my mother listed as an authorized user.She informed them of his death and all the bank accounts were to be changed to her name alone.She was just informed that the balance owed on the credit card was deducted from the bank account balance.Is this allowed to be done under NJ law?

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Damien Bosco

Attorney

Doctoral Degree

3,078 satisfied customers
Our family had one sister and one brother. Each of us had a

Our family had one sister and one brother. Each of us had a spouse and 2 kids. My sister just died. My mother is still alive and has a will stating that my sister and I are her beneficiaries. Is my sisters family entitled to any inheritance now that she has passed?

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Dwayne B.

Juris Doctor

35,734 satisfied customers
My brother, Terence Havel died in Gettysburg,July 25,

My brother, Terence John Havel died in Gettysburg,July 25, intestate. Our parents are dead, Terry was unmarried and had no children. My older brother Bill, is deceased. I have a younger reclusive brother living in isolation in New York who has signed a notarized renunciation of any interest in the property of Terence John. I have 4 children, Bill had three, and his brother Denny has two (all are alive). I suppose I should be administrator of the estate, but I need help in negotiating the process.. Could you tell me how many heirs Terence John will have under these facts? Also how much do you charge for assisting in the processing of Terence John's estate (he owned a doublwide home at Heritage Lake, a motocyle (not Harley), a used auto, and a motor home. Probably his estate is worth$200,000. Thank you for your advice and counsel. I am seeking an attorney and have contacted other attorneys about this matter. What kind of help can I expect from your office? I look forward to hearing from you. James T. Havel,***@******.***,(###) ###-####

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Irwin Law

Juris Doctor JD

8,816 satisfied customers
Our family has owned 80 acres of land since early 1940s. Our

Our family has owned 80 acres of land since early 1940s. Our dad just passed away without a will. His wife died years prior. It is my understanding under New York state law that when there is no will the children automatically inherit the property that the father lived on. The property has been shared throughout the family all these years without any distinction of legal paperwork who's owned what. Everyone just share the property and there was no contract about anyone knowing anybody anything. Our surviving aunt and uncle are stating they now want to sell the property out from underneath us and telling us we have no legal right to the property without purchasing it from them. Is this true? Do my brother and I have rights to this property? All we want is a small section of, that we then said we would maintain and pay taxes on, including the area where my dad's cabin was on. For years the family has also acknowledged an area on the property that they called my brothers. They are now stating since his death he does not even have rights to that. We are trying to hang on to at least a part of the property because it's all we have left of my father. Do we have any legal rights in New York state to claim a piece of this property?Thank you for your time

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
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