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Re: Probate There are four beneficiaries in the will of my

Re: ProbateThere are four beneficiaries in the will of my father who passed away on 5/7/16. Three beneficiaries (my sister, other brother, and me) agreed to forego receiving money from my grandmother and instead donated our inheritance to a trust established for my disabled brother (4th beneficiary) per the request of my mother. My mother never wanted my brother to live in an apartment paying rent while my parent's mortgage had been paid. That is to say, the three beneficiaries/siblings always knew they would never financially benefit from my grandmother (mother's side) or my parents. Despite my mother passing away in 1995, all the beneficiaries knew that my disabled brother was to remain in and have ownership of my parent's home.In 2014, my sister who had power of attorney for my dying father, who was suffering from vascular dementia and who many times did not recognize my sister, but knows she visited often, had him sign a survivorship affidavit ON HIS DEATH BED to transfer the house to my sister after he died and debts were paid. This affidavit was kept secret and my father if healthy would have never transferred the house to my sister due to my mother's wishes and would not transfer such house without first talking to the other siblings/beneficiaries.I am furious with my sister and want to know in which court must I challenge the transfer of the house. Probate? Also, in which court I must address my sister's role in handling my disabled brother's trust which was established when my grandmother died. (Three siblings donated their inheritance to a trust for my disabled brother (4th beneficiary) per the request of my mother.) What do you suggest I do for I am really working on behalf of my disabled brother for whom I do not have guardianship and living in Chicago to handle such a legal matter may be difficult for me to travel due to my disability (chronic pain) as well as travel costs.

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RayAnswers

Lawyer

Doctoral Degree

 
34,004 satisfied customers
I'm Plaintiff...You helped me regarding amended pleading

I'm Plaintiff...You helped me regarding amended pleading in contesting will-undue influence and self dealing. The Defendant's attorney has not mentioned doing depositions. At this point, I know more than she does regarding the case. Nor has she requested discovery from me. I have from her. Our Scheduled hearing date is in august. Should I go ahead and send her statement of fact?

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RayAnswers

Lawyer

Doctoral Degree

 
34,004 satisfied customers
My mother recently passed away after a battle with cancer.

My mother recently passed away after a long battle with cancer. She had insurance but there are some unpaid medical bills.In addition she declared bankruptcy some years ago. Her only real asset is the family home, which is in a living trust. I am the only beneficiary of that trust. We are currently living in the house and I want to know what my rights and obligations are.There is a mortgage on the house which we have continued to pay.

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Roger

Litigation Attorney

Doctoral Degree

 
32,878 satisfied customers
We have s will. He was in the process of changing the will

We have s will. He was in the process of changing the will to give all his estate to his son instead of an orphanage but past away prior to getting it from the lawyer and signing. Is there good grounds to contestJA: Because laws vary from state to state, could you tell me what state is this in?Customer: IdahoJA: Have you talked to a lawyer yet?Customer: Just to see what the 2 wills included. I have emails saying he was changing to me but lawyer said never was signed. Because of him and mom having bad divorce had only started talking to him a year ago after my only other sibling passed awayJA: Has anything been filed in court yet?Customer: No just had funeral todayJA: Anything else you think the lawyer should know?Customer: His sister is executor in old will I am in the new will. His sister would like me to inherit because that was my dads last wishesJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
Here is my situation. My mom died in March.She is the only

Here is my situation. My mom died in March.She is the only name on the mortgage of my house.I changed my deed 5 years ago so that my wife and I are on the title. My wife is also deceased. The deed reads my mom has 50% interest we have 50% as joint tenants with the right of survivorship as to my mom and her 50% interest.I don't think I have to go through probate, as the house is legally mine. But do I have to transfer the title to myself? Also should I contact the mortgage company to assume the mortgage? Or should I do nothing?

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LawTalk

Attorney at Law

Juris Doctor

 
31,110 satisfied customers
My husband of 45+ years passed away 3 years ago we had 1

My husband of 45+ years passed away 3 years ago we had 1 child from our marriage, but he 3 children from a previous marriage. Are they entitled to anything? and am I legally required to go to court?

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Loren

Juris Doctor

 
34,728 satisfied customers
My father died recently. I am the sole trustee, the sole

My father died recently. I am the sole trustee, the sole Executor and we have a trust which is not clear about the bank account I have with my dad who is now dead. Is the money left in the bank account apart of the trust now or is it mine because I saved it and use it to pay off his debts and want to know if what is left in the account is mine or does it become part of the Trust???

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Loren

Juris Doctor

 
34,728 satisfied customers
Here's what the will says under Definition of Survivorship:

For Barrister Only - Here's what the will says under Definition of Survivorship: Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until thirty (30) days after the date of my death, or until this will is probated, whichever occurs earlier, shall be deemed to have predeceased me, and shall be treated for all purposes herein as though such person had predeceased me. Any person who is prohibited by law from inheriting property from my estate shall be treated as having failed to survive me."How does this apply to the children of my deceased sibling ? One or both of them allege that I "succeeded in getting them taken out of my mom's, their grandmother's, will. It is true that my sibling died after the first draft of our mother's will, but before the final draft was prepared, signed, and notarized.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
If my grandmom dies and in her will she leaves my grandpop

if my grandmom dies and in her will she leaves my grandpop everything and they own the property as tenants in common does the will go through probate

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
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