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Recent Probate Will questions

What documentation is required to establish an administrator

Good evening,What documentation is required to establish an administrator to an estate? Deceased party's closest family members are 6 first cousins who are willing to assign one cousin as the administrator. What form/documentation is required to get the process started? Her will is probably in her safe deposit box and no one can get access but an administrator. Help, guidance is needed!!! I am currently paying all the household bills for the property.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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If my parent dies with a valid Will and Healthcare Proxy

If my parent dies with a valid Will and Healthcare Proxy with credit card debt, and a mortgage (in their name only). There also will be medical bills related to an acute hospitalization. What if anything might the children be responsible for?Also, can proceeds from a life insurance policy and/or a 401K be attached by creditors?Thanks!Lisa

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RayAnswers

Lawyer

Doctoral Degree

40,134 satisfied customers
I live at home with my parents. My bother does not live with

Hello,I live at home with my parents. My bother does not live with us.I do not live in a granny flat or separate accommodation on the property.My parents have detailed in their will the desired allocation of items between me and my brother. To avoid confusion, should items purchased by myself or given to me (artwork,furniture,vehicles) which are part of household contents or stored on the property, be catalogued and declared by my parents to belong to myself and so not comprise part of their estate? Would a statutory declaration or codicil to the will in this regard be advisable?Thank you for you assistance,Regards,Carolyn

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RobertJDFL

Attorney

Juris Doctorate

13,832 satisfied customers
My brother died 12/3/16 with no will.no wife,no

My brother died 12/3/16 with no will.no wife,no children.,just myself and 2 other sisters. we live in Va Beach,Va. His girlfriend is drinking the inheritance away. Our father had passed 10,2014 and we all received an inheritance.JA: Has anything been filed or reported?Customer: no,the bank accounts were in his name and her name. now,in her name only.JA: Anything else you want the lawyer to know before I connect you?Customer: Just his girlfriend is an alcoholic and drinking the money up. As one of his three sisters alive,we have a problem that all the money is going for alcohol and drugs.Her son and brother have both been in and out of jail. The only thing that has happened,she had the accounts changed to just her name.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,046 satisfied customers
My sister died June 2016 with no will. Her assets consisted

My sister died June 2016 with no will. Her assets consisted of a 500000+/- retirement account and real estate in Cummings GA. My understanding is that these assets should have been conveyed to her living mother who is also my mother. My sister has seized the estate and is spending this money without probate. Mother of sister should have inherited her estate as far as I can tell. My mother passed away 02/13/2017 and now this same sister is seizing my mother's assets which include a house in DeKalb County GA and improved real estate in Cumming and funds. My sister and her children are spending both estates without the legal right to do so as far as I can tell. What legal recourse do I have to freeze both estates and my living sisters assets to have both estates settled so that I and my family inherit some of the capital I feel I am entitled to and know that my deceased sister and my mother would have wanted us to share?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: What documents or supporting evidence do you have?Customer: We have nothing as we do not know where to startJA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know do we have a leg to stand on to fight this?

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ScottyMacEsq

Doctoral Degree

24,022 satisfied customers
I live in the USA but was willed an inheritance from Canada.

I live in the USA but was willed an inheritance from Canada. Hired a lawyer but he says they won't talk to him or give any info. What should I do? Thanks for a reply.JA: Estate laws vary by state. What state are you in?Customer: VirginiaJA: What documents or supporting evidence do you have?Customer: A willJA: Anything else you want the lawyer to know before I connect you?Customer: No

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,046 satisfied customers
I have a couple of questions about filling out a letters of

I have a couple of questions about filling out a letters of administration for my deceased mother's estate.I am in New York State. Can someone assist me?

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RobertJDFL

Attorney

Juris Doctorate

13,832 satisfied customers
Dale I want to challenge my parents will Assistant: Thanks.

Dale Ward I want to challenge my parents will Assistant: Thanks. Can you give me any more details about your issue? Customer: Their will has been the same for 30 years. My Dad died in 2013 and no change in the will. My Mom was under hospice care as of the end of 2014. I just found out that in April of 2015 my Mom supposedly signed over the house to my sister. It was set up to sell and split half and half. Mom was on morphine and pain killers when she supposedly signed it away. My sister also had power of attorney at the time. Mom died in November of 2016.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

51,046 satisfied customers
We filed a Petition for Formal Probate of will because of

We filed a Petition for Formal Probate of will because of the following facts: we tried to execute (children 1, 2 of 5 children).. the 2002 will following my fathers death in late 2016 but were unable to do so.The 4th child stated there was another will after a week of pursuing her. We got from her lawyer in another month a 2008 will but no trustee docs...will stated #4 and 5th child were now executors rather than 1st Child..then 2 etc. Children 3, 4, 5 refused to speak to 1, 2 child after father's death.After filing probate petition and sending this to children 1-5, I got letter from child #4 lawyer with the trust document that we had not received and two amendments:one on 2013 which removed Child #1 and #2 from trust proceeds, and one on 2015 that also added #4 spouse to trust proceeds.The estate had over $1,200,000 in it in 2008. Lawyers above letter stated less than $25,000 which means that child #3, #4, #5 and #4 spouse had effectively stolen over $1m dollars and somehow distributed it. We also believe the two updates above have forged signatures and that we can show that one of the law firm employees directly benefited from this fraud.Can we pursue using "undue influence" that our father (#1, #2 Child) was manipulated to go along with some of these above actions primarily by #4 child (spouse), and that #4 child encouraged #3, #5 child to go against us. If we can get discovery we believe we can prove all of these allegations. Can we recover the $1m through probate Court which they stole?Thank you

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Ely

Counselor at Law

Juris Doctor

67,970 satisfied customers
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