Probate

Can I do a will to allow my fiancée to remain living in my house up to a year, if then the house would go to my children?

ADDITIONAL INFORMATION: I am currently engaged and my fiancée lives with me. I would like to have a document that states she can live in the house for up to a year, should I die before her, and after that my children would get the estate. ANSWER BY MARGARET CROSS-BELIVEAU: Yes, you can give her the right to live in the house in your will. That is common. However, you also have to consider the question

Can an estranged wife who disappeared more than 30 years ago challenge a will in relation to real property in Florida?

ADDITIONAL INFORMATION: I am helping an elderly disabled friend who fears his wife who disappeared more than 30 years ago may reappear after he dies and cause problems. He wants to will his home to a friend. To his knowledge, she knows nothing of the property where he had lived since shortly after she left. ANSWER BY DAVID M. BELIVEAU: If his wife is living, she will have spousal rights to his probate estate. Also, under

How to Protect Your Home from Potential Nursing Home and Long-term Care Expenses

As estate planning attorneys, we often receive inquiries from clients regarding how to protect their homes from potential nursing home and long-term care expenses. Long-term care can be extremely expensive, and the cost can easily exceed the average person’s life savings. Fortunately, there are several strategies that can be employed to protect your home and other assets from the nursing home and long-term care expenses. One of the most effective ways to protect your home is

How To Avoid Probate

As estate planning attorneys, one of the most common questions we’re often asked is, “How can I avoid probate?” Probate is the legal process of settling a deceased person’s estate, and it can be time-consuming and costly. Fortunately, there are several ways to avoid probate and ensure that your assets are distributed according to your wishes. One of the most effective ways to avoid probate is to create a revocable living trust. A living trust is

Do I have to go through probate to sell my deceased mom’s mobile home ?

I am trying to sell her home and was told by the realtor that I had to go through probate. I am in her will ANSWER BY MARGARET CROSS-BELIVEAU: The realtor is correct. A will doesn’t avoid probate, it just directs where the deceased’s assets are to go after death during the probate process. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

Can one parent legal withhold information regarding assets from the other parent after the death of a child?

I have been divorced from my ex-spouse for over 10 years. Recently, our emancipated child (not married, no children) died in a motor vehicle accident. My understanding is that, in this situation, each parent is entitled to receive 50% of the estate. I’m trying to get my ex-spouse to cooperate in generating an estate inventory. Although there are not a lot of tangible assets (child’s vehicle was totaled in the accident), my ex-spouse has been solely

Do I inherit under my grandmother’s will if my mother passed away before her?

The will states my two aunts by name and two uncles by name and follows it up with this wording exactly if they survive me by 30 days but however if any child of mine does not survive me I give the share such deceased child would have taken had he or she survived me to his or her descendants. I ask this ? As I have received from courts a a citation of petition for

How do I get a copy of a will when I live in another state?

I live in New Hampshire and am trying to get a copy of my mother’s will. I went to the City Clerk of the Court Cook County, but did not find a link on how to download a form to obtain a copy of the will. Obviously I cannot appear at the specified location as stated on the Probate Court – Cook County website. I would greatly appreciate any advice you may offer. ANSWER BY MARGARET

When someone does not want to be an executor of a will can they appoint someone else in their place

When someone does not want to be an executor of a will can they appoint someone else in their place ANSWER BY MARGARET CROSS-BELIVEAU: If you don’t want to serve as executor, you can decline to sign. The will should have an alternate Person Representative listed. If there is no alternate, the state has a statute which spells out who in the family has priority to serve as PR. Follow us on Facebook Follow us on

How to get a deed transferred from a deceased spouse? and is it expensive? my mother is a disabled senior on a tight budget

My parents home was only in my father’s name. He passed away 7 years ago, leaving his estate to my mother, per his will. She continued to make the monthly mortgage payments and nobody every mentioned anything to her. Now, her mortgage has been transferred to a new loan company they’re saying she needs to get the deed put into her name. She’s struggling with money at this time and the people she keeps trying to

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