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Recent Probate Will questions

My mother passed away in 97. She was buying the house we

My mother passed away in 97. She was buying the house we live in. We have just a payment or two until the house is paid off. She had no will, we finished paying her bankruptcy, etc. How can we get the home in our name?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I am one of seven beneficiaries of an estate. The estate has

Hello, I am one of seven beneficiaries of an estate. The estate has two executors who are also beneficiaries. The executors hate each other and disagree on everything concerning the estate and as a result hinders the progress of executing the Will. Unfortunately for me, I am the poorest of the beneficiaries and need my inheritance in the most dire way. All the other beneficiaries seem unaffected by the status quo and holding pattern and some have even insulted me for my inability to be the same. It's been almost six years, can I petition the court to have the present executors removed/replaced and how can I considering my financial situation, i.e. broke and in debt.

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Ely

Counselor at Law

Juris Doctor

64,594 satisfied customers
Is there a fee for this? And answer? I live NC but the

Is there a fee for this ? And answer?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Estate laws vary by state. What state are you in?Customer: I live NC but the estate is MAJA: What documents or supporting evidence do you have?Customer: Asking my signature for assent and waiver... Petition for order of complete settlement including 1st and final account of the SPR filled w the court and I waive my right to any statutory notice related to that specific playing. I request that the relief requested in that pleading be allowed.... What does it mean if I signJA: Anything else you want the lawyer to know before I connect you?Customer: Lawyer has paid himself about $36000 from estate of $1,540,104.... Estate divided 7 ways in will, but my brother died before Dad and his three kids from 2 diff marriages asking for his portion. That's ok but his wife that he was separated from has jumped in. Idk what gives at this point and lawyer has been tight lipped about it. Don't know how well I trust lawyer. Does this mean he could pocket a bunch more or I waive my right to any further distribution and here can do whatever he wants?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
My mother passed last week..she has several credit accounts

My mother passed last week..she has several credit accounts in her name only plus a trailer also in her name only...her house and car are in a trust with my brother which is in poor health..he is going to live there....do we have to pay these debtsJA: What state is this in? And when did the issue begin?Customer: Missouri....she passed Sept 20JA: What documents or supporting evidence do you have?Customer: Trust papers showing house and car...title to trailer eiJA: Anything else you want the lawyer to know before I connect you?Customer: Title to trailer has her name only...all credit accounts have her name only..the house is payed for....w have insurance for burial but not enough to pay everything

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ScottyMacEsq

Doctoral Degree

22,720 satisfied customers
My parents both died and left the estate consisting mostly

My parents both died and left the estate consisting mostly of a house and an apartment building to be divided between myself, brother and sister. He is the trustee so to speak getting extremely low cost rent on the business portion of the apartment. I had been invited to live with mom and dad in there house to take care of them years ago. I was not paid though it had been discussed verbally. In 2011, I moved in and stayed there so they would not have to be in a nursing home. I have my mail delivered there. My brother now says I must move all my things out of the house or he will put it in storage at my expense so he can sell the house. I do have considerable there, but now if I move I will never be permitted to go back. I had to adjust my life and take low pay jobs where I could be close. He and my sister have entered the house repeatedly and thrown things away or removed them without permission. Do I have a legal right to stay there? Can I change the locks so he does not have entry? I am in a real predicament because I not only lose my residence, but also the income.

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Dwayne B.

Juris Doctor

35,784 satisfied customers
My mother had a Lady Bird Deed which would transfer her home

My mother had a Lady Bird Deed which would transfer her home to me when she died. She was in a nursing home under Medicaid services when she passed away, Medicaid is reforming an estate recovery. My mother's house has already been transferred to my name. Since Medicaid is asking if she owned any property at the time of death, the answer is yes. Should I send the Lady Bird deed to Medicaid? Will this deed keep Medicaid from using this property as repayment?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: What documents or supporting evidence do you have?Customer: I have a General Warranty Deed Reserving Life Estate and her will that leaves her home to me.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that's all.

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Loren

Juris Doctor

37,188 satisfied customers
My father passed away on September 6, 2016. I had not seen

My father passed away on September 6, 2016. I had not seen him since I was 7 years old and am now 42. I received a letter from an attorney representing his sister that stated she was representing his sister who is apparently the personal representative of my father's estate and enclosed a Notice of Appointment of Personal Representative as well as a copy of the will of my father. It also states, "There was no provision for any assets to be distributed to you. This notice is a formality since your name appears in his will as an excluded party." Now, the will is a do it yourself mixture of different hand writings and typing, and was signed by 2 witnesses; one of whom is the spouse of the sister who was allegedly named executor of his estate. It appears that in a seperate person's writing an entry underneath my name that lists me as his child it says, "No paternity tests were done. I have had no relationship with either above do named and I'm leaving them nothing in my will or my estate." And then is signature accompanies this statement. Also, where my date of birth is entered as 1974 in parenthesis it says (not sure of date- No relationship). Now, I know my father knew my birthdate because he dated my mother for the first few years after I was born and also paid child support to her. I located a judgement entry in the clerk county court files that was in favor of my mother the Petitoner and my father the Respondent awarding her child support as well as back child support. The date of this will is also right after my paternal grandfather passed away and likely when my father came into some sort of monetary property. My questions are, Is this will contestable because of the obvious nontruth that my father had no knowledge of by date of birth as well as no relationship with me whatsoever? Also, the different writings on the will suggest that my father was likely coached into what he needed to specifically say and agree to as far as leaving me nothing, My father committed suicide and I would like to know if had a history of mental illness as well. What about the timing of the will? How convenient that right after his father passed away, his sister becomes listed as the executor of my father's estate upon his death. And lastly, the witness is his sister's husband. How does that make him an uninterested party considering his wife is named the beneficiary of his estate?

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J. Warren

Attorney

Doctoral Degree

4,156 satisfied customers
In a probate case when fraud is committed by the plantiff in

In a probate case when fraud is committed by the plantiff in an attempt to gain estate assets can reasonable court costs and atty fees be recovered?Also, if the probate is being tried in Alaska and the plantiffs are in Minnesota can the plantiffs be made to pay the judgement?

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Alex Esquire

Managing Attorney

Doctoral Degree

22,118 satisfied customers
My son committed suicide yesterday. He lived with his

My son committed suicide yesterday. He lived with his girlfriend at her house. She will not let me get his things from the house. What are my rights? He also had a storage unit. Her name is ***** ***** the agreement does she have rights to any of his things?

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Dwayne B.

Juris Doctor

35,784 satisfied customers
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