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Recent Probate Will questions

I livever in NC. 27805. My mother and father have passed

I livever in NC. 27805. My mother and father have passed away. Before passing, they willed the home to me and my sister. My mother passed away, a year coming this October 1st. Do we need to go through probate?

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Loren

Juris Doctor

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My brother is executor mother's estate. She died almost 3

My brother is executor for my mother's estate. She died almost 3 years ago. He still has not sold her house. He will not tell me anything about what is happening in the process, indeed does not respond to my communications at all. He has changed the locks on her house, and has told me in the past that I have no legal right to be on the property and that, if I want to be there, I need his permission. Since he won't correspond with me, that is impossible. What are my options?

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Dwayne B.

Juris Doctor

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Our executor is also a benefactor in the will, he gets an

our executor is also a benefactor in the will, he gets an even division of the remaining proceeds whenever he decides to divide. He is charging the estate 5% for all the monies that come in each month and the total amount of each check that he writes. Is this okay

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I'm the sole beneficiary of an estate out of TN. The house

I'm the sole beneficiary of an estate out of TN. The house with all of its contents were sold. All that's left is a property in Virginia that is being transferred into my name and the attorney the executor hired says they had to open an ancillary probate in VA, which they did. The executor and attorney are getting a percent commission of the estate. So my question is what percent commission will they get in TN? Also is it normal for the attorney to get a percent commission? If the property in Virginia has to have a separate probate opened do they use that property value to calculate the executor and attorney fees out of TN? Estate total value is 750K the property in Virginia is worth 450K.

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Irwin Law

Juris Doctor JD

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My husband passed away and the car was bought s spouse title

My husband passed away and the car was bought for me his spouse title only in his name has no will, and has 2 adult kids. Does the car go into pebate. Or can I pay off the loan and transfer title without going into probate.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I live in Pennsylvania around Pittsburgh.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: This is the only thing I was his beneficery on everything else. We also rented our house.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: We have no property we rented.

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Alex Esquire

Managing Attorney

Doctoral Degree

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Executor, also heir, has enter into "Rent to Buy" deal with

executor, also heir, has enter into "Rent to Buy" deal with another heir, without permission of other 2 heirs. Can she do this? We initially gave approval to sell house through real estate broker executor had hired. Executor fired agent without cause and did not seek our approval to fire.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: North CarolinaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: No

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Dwayne B.

Juris Doctor

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In new Jersey, my father in law passed away. He named s

In new Jersey, my father in law passed away. He named his three sons but my husband passed away before him. Do I get his share of estate? His brothers want me to have it. What to do special for me to receive? It states that survivor of any of them was also executor. They were all co executors.Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I need help. My husband of 40 years has terminal cancer of

I need help. My husband of 40 years has terminal cancer of the pancreas. He has about 6months to live. He is my second husband and i am his first wife. He is leaving the house to his nephew - which is fine - he had it before we were married. Then he sold his business and "spent" the money. I don't know where it went. He won't say. He went with his nephew and had a new will drawn up. That's ok, he has that right, I suppose. Nither one will tell me how I fare in the will except that I may not get anything. that's not ok. I'm told I may live in the house until my death or until I can no longer live there. OK But we live in the So. San Francisco and I only receive 2040/mo from my retirement annuity. Can't live in that area with less than 3000/mo. I'm 79, he's 89. He had me sign a post nuptial agreement when we were first married. Then I had a house and he had a house and busines (and the building). But unfortunately, I invested in property, did well at first and then put all my money in a mini mall andd lost it all. Now I llive with him on my retirement of 2040 and he pays most of the house expenses. I pay for his medical insurance, and part of the other expenses, most of his meds, and the VA (or UC) takes out an amount to cover him if I should die. But he does not have anything to cover me when he dies. I don't know what his will says, and he has 6 months to live. Although I am told I may live in the house, I may not be able to afford it. Is it possible to contest his will so I can have an additional income from the house - a reverse mortgage of sorts? I'm 79, and have a lot of heart problems, so I probably will last about another 5-6 years. The house is worth about 700K, and once I'm gone the rent from the house should make up the expense withing 6 years. The house is paid for and the value is solid equity for the nephew. i'm spending my time caring for him; I've arranged for Hospice and the VA to care for him without cost, but what will happen to me?

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Dwayne B.

Juris Doctor

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I was married years, had 4 kids [now all grown], lived in

I was married for 25 years, had 4 kids [now all grown], lived in Texas. While married, we owned a little lake lot [value less than 1k] near where we lived. We moved to Arkansas and divorced a couple years later, 2009. My ex got the TX lake lot in the divorce. I am pretty sure there was nothing done is TX as far as changing the deed or anything -- he wasn't much for paperwork.A year after the divorce, he had a heart attack and died without a will. To save my kids from the hassle, I became executor. He owned a business that was bankrupt, so lots of dept and no estate proceeds. The Arkansas lawyer knew about the lake lot, but [I guess] she did not want to deal with out of state property. I was so overwhelmed with trying to close out his business and the estate, I did not press the issue. The estate was eventually settled and closed.So the question now is what to do with the lake lot. My AR attorney later told me I would have to hire a TX attorney to sort it out, which of course I would have to pay for. I am already paying homeowner fees and taxes on the lot out-of-pocket even though I don't think I am the owner. Someone else said to just walk away from it, and it will be eventually taken by the county for taxes owed or the HOA will get a judgement against it. Losing it would be fine -- neither my kids or I want it. But I value my credit, and don't know for sure that I wouldn't be held personally liable either as a former owner or executor of the estate. Or worse, my kids would somehow get mixed up in a legal mess since they are technically the 'heirs' [that was a laugh].So the question: Who owns the lot, and what can I do to get rid of it?Thanks.

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LawTalk

Attorney at Law

Juris Doctor

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