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I live in a home that is in my name. My daughter and her

I live in a home that is in my name. My daughter and her family also live there. They pay me 60% of the rent each month and have been for 9 years and we expect it ti continue. My intention is when the house is sold they will get 60% of the proceeds. If I have passed, I want them to be able to live here until they sell; they would get their 60% and the remaining 40% would be split among this daughter and 2 other children. Do I put this in my will, or do a need something else to protect their rights?

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LegalGems

Juris Doctorate

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I have a FAMILY member Who died without a Will in NYC. He

I have a FAMILY member Who died without a Will in NYC. He has no children and never married before. Tom died December 2016. He has 2 house, in which a Quit Claim Deed was prepared before he died, which was notarized But never recorded. Could his Two houses be listed as being apart of his estate.

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RayAnswers

Lawyer

Doctoral Degree

39,248 satisfied customers
Please this question is only for Barrister: Barrister this

Please this question is only for Barrister: Hi Barrister this is the evil sister case. I wanted to follow up with you with what has happened so far since I mailed my sister the beneficiary forms my kids signed that we had to draft ourselves and they were notarized. Also there a was letter attached to each kids' form telling her she was obstructing the trust by not providing a form and that the trust only stated who their beneficiary was if they had passed BEFORE their grandmother. I also had sent out copies to her lawyer, the investment firm where their accounts are held, and also to my brother who has become trustee as of Jan 1. These letters were sent to her though before she was officially resigned. The copies at the firm and her lawyer were received and signed for certified. My father is critically ill now and went into the hospital two days after Christmas, so my brother's cert. mail was slipped to him at home and as of yesterday he had never picked it up and I got notice that it is probably on its way back to me. At the same time that I got that notice, evil sister sent each kid a letter stating the same stupid thing. I am attaching pics of her letter, and of the first 5 pages of the trust that address the beneficiaries. Her letter that she sent proves to me how stupid she is. First of all, proof that she denied a bene form was in a text to one of my sons. She tries to say only one kid asked. The other kids could never get calls back from the firm and besides if she denied one, she would deny all. So to me it does not matter and my spouse was promised by the manager at the firm he would send them out, he never did. Also, sister tries to say trust is irrevocable. Two things: She spells the word wrong and correct me if I am wrong, but if you look at the trust, it is REVOCABLE in 1992, and on following pages states it is restated as revocable, of which I still find irrelevant. I find relevant is the fact as we spoke of before and that is that it is only mentioned that their share goes to sibs and cousins if they had passed "prior to the date of termination". If you see her letter, it is weak. She also did not have her atty respond apparently, I wonder why. My plan is to send brother a letter, along with his unclaimed cert mail of their bene forms they drafted and tell him she is wrong, boost his ego that he can do a better job, (we are in calendar year 3 since her passing and not one kid has seen a red cent return), and tell him that there is no beneficiary stated in the trust. Evil sister tries to say in her letter that the "trust is clear with what happens at 30". All I see is that their money vests under the management of the trust til then, and before then it can be used for education or a home only. She is trying to say that since it is in an acct for each kid at the firm in the trust name and their name, that it is technically still in the trust. That may be, but regardless, there still is not mention of what happens to their money should they die before 30, regardless of where their money is because it has been assigned to each kid and disbursed into each of their names separately and the date of termination has passed. Please review the letter from her and the first 5 pages of the trust and please reconfirm with me that she is a nut job so that I may address a stern but nice letter to my brother and resend the cert mail he never picked up. I can only assume three things why he did not pick it up: Either it is my dad who is sick, he lost the slip and forgot, or sister called him and told him to ignore it. I also will tell brother that sister has the original new drafted bene forms kids notorized, and that he needs to get them from her as she is trying to pull the "I am not trustee anymore" but she does have a duty to give him the forms since she received them while trustee. Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,308 satisfied customers
When my now deceased father was still alive, my parents

When my now deceased father was still alive, my parents asked me to go with them to prepare their wills. The lawyer that prepared the will shut down his practice, and his former paralegal can't tell me where or who now is holding their wills if and when we need to update, etc. Is it a situation where any lawyer in the state can access it, or who/where do we go for any answers? Thanks for your help...

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,308 satisfied customers
I live in Tx and my husband purchased our lot on which we

I live in Tx and my husband purchased our lot on which we later built our home one month before we married. He had a new warranty deed which shows he sold, conveyed the lot to himself name and his wife my name. He died w/o a will and lawyer says it is separate property. 50% his and 50% mine but separate. What do i have to do to get a clear title to my home..JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: yexas purchase 1973.JA: What documents or supporting evidence do you have?Customer: warranty deedJA: Anything else you want the lawyer to know before I connect you?Customer: ?JA: What confuses you?Customer: I want to file estate tax and have to become adminitratrix first. This issue is delaying it.

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Richard

Owner

Doctoral Degree

48,660 satisfied customers
My father died without a will. The house now belong to his

himy father died without a will. The house now belong to his children. My brother has 6 kids different baby mama. three of them are from his wife. they were all born before my father died. Does my brother wife have a right to my dad house when my brother dies? In the state of Florida.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,308 satisfied customers
I had talked to you previously about trying to locate a will

I had talked to you previously about trying to locate a will that I and the family was told repeatedly was completed. He was kicked out of his house almost two years ago and denied access to paperwork and personal property and was almost done (about a month away) with a long drawn out bitter divorce. We know he had a fire proof safe in the house but she is stating that there is no will and thus entitled to everything through intestate rules.You stated that I could petition for her to produce the will as I had been told repeatedly that I was a beneficiary but we know she is willing to lie to the court as she already denied during the divorce that she forged his name on checks (including a settlement check for $10,000), did not remove $160,000 from their joint accounts without his knowledge or consent before kicking him out. As of now I can not see how/if she has filed anything for probate yet as LA County Wills and Probate will not check at all until after 30 days have passed. I do know however that she is already using a lawyer as yesterday he called that apartment complex the deceased I told them they had to send the deposit check to his mother and not me after the family had previously stated I should have it (should only be about $1000) for cleaning and taking care of everything after they got the belongs they wanted (which there wasn't much as he had to start over with almost nothing and was buying furniture from thrift stores) . The (ex)wife told his family that she would give them some of his belongings but that they would have to wait until she could get to them, despite her sending him a letter stating that she had packed up and moved all his belonging to the garage months before he passed away. I suspect that she is trying to stall the family until she can get the court to appoint her executor and sole beneficiary and then going to try to use the deposit being sent to his mother as the equivalent amount his mother is entitled to in attempt to keep all his belongings.If the (ex)wife does a spousal property petition and claims the house as part of joint ownership, can she used that to lower the value of his assets and claim it to be less than $150,000 to avoid probate (even if the house if valued around $450-500K and if she had previously stated his belongings were worth another $500K)? If she does to this then what recourse do we have? Can his mother or a sister petition to be the executor, even though they live out of state? If they are given some recourse can they grant his niece to do things on their behalf as she lives in the area, was the family member that was closest to him, and the only one besides myself that knew the circumstances of the divorce, will (as she was also told she was a beneficiary), and his life in general as the rest of family lives in different states? His mother is in her 70s, spending the winter in Florida, and has had several falls/concussions last year. Can we petition the (ex)wife to produce the will if she avoids probate and what is our recourse of she continues to deny its existance? The family is having to pay everything for his cremation and burial while she is claiming all his assets and enjoying the holidays with her boyfriend.We have a few more days until Wills & Probate will look to see if anything as been files, but I know that we may only have days or weeks to complete certain actions at that point so I want to know what we need to do or start planning for.I have been sending out requests to estate lawyers requesting if they have information of a will being produced for him, as this in the only recourse I currently have to locate any record of the will but so far have found nothing. I tried to get a full list from the LA and state bar for lawyers in the area as you suggested but it would only give me a list of three randomly selected each time; so I am having to use listings from the yellow pages. Unfortunately I know that I will likely end up contacting her lawyer as a result, which I know will cause the ex(wife) to react very negatively.

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Attorney2

Doctoral Degree

7,888 satisfied customers
My wife, who was stil payin for a house,,passed away,,How do

My wife , who was stil payin for a house,,passed away,,How do I ,as husband, able,2 get name on deed,& continue payin, for it?

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LegalGems

Juris Doctorate

15,436 satisfied customers
My family are heirs of intestate decedent. Some of us live

My family are heirs of intestate decedent. Some of us live in another state and none of us live in the county of decedent, making attending a probate hearing difficult. Is it better for the ones of us who can appear at a hearing apply as the petitioner, or is there an advantage for us all as a group to apply as petitioners? (In Pro Per), we are all unified in cause.

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Damien Bosco

Attorney

Doctoral Degree

3,748 satisfied customers
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