Probate

Trying to find out if father left a will or had life insurance, but can’t get into his residence and don’t have passwords?

My father (who is divorced from my mother) lived in a different house with his girlfriend for a long time, but never legally wed. The girlfriend’s family gave me some electronic equipment (iphone/laptop) but don’t have the passwords to access it. The girlfriend’s family does not want us to review any “paperwork”, because my father and his girlfriend had joint investment accounts. My sister who once stayed in that house for family visits & is first

Does my mother, as an heir, have a right to sell land that belonged to her mother?

My grandmother died in 2016 and at the time she had a boyfriend living with her. Never married and never had a will. My grandmother has three children, two of which do not care what happens with the property. The boyfriend is still living there and we are wanting to sell the land. Legally, what are our options? My mom has the original deed to the property and paid property taxes for three years after she

Property bought during marriage. My name is not on deed: Is it default TE or a TIC? How can my son (not his) inherit?

Spouse purchased property during our marriage but my name was not on the deed or mortgage. The only thing I care about is that my son has a place to live if I’m not around, that he inherits half. I think that tenancy by entirety means spouse gets 100%, son 0%? Is that what the deed currently is by default? Does a TIC allow my son to get 50%? Is there some way to make sure

Will my children get my inheritance from my father if I die before him?

My father has a will. His will states when he passes, my two siblings and I will each get an equal share of his money. He does not mention anything about his grandchildren or what would happen if one of his children passes before he does. If I pass before my dad, when he passes will my share of the inheritance from him pass down to my children (my will states everything goes to my children)

Would backdated pension payments be exempt from probate?

The pension company sent a letter stating that my relative’s estate is owed payments dating back to 2018. His only creditors are from the hospital stay prior to death. Do these funds need to be listed as an asset and go through probate? ANSWER BY MARGARET CROSS-BELIVEAU: Yes, the funds would go through probate. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should

Dead relative no will but owned property?

A close relative of mines passed away. There was a property in their name. Unfortunately, my name wasn’t added to the deed before the person passed away. I am wondering if probate court would be simple since the person did not owe any debt, no kids, no spouse and nobody in the family wants anything to do with the property other than me so it will not be contested. ANSWER BY MARGARET CROSS-BELIVEAU: Probate is never

Is it okay to name a revocable trust as beneficiary of a bank account if the bank does not allow trusts to own accounts?

Many online-only banks offer higher interest rates for online savings accounts but I found that most of these banks do not allow accounts to be owned by a trust. If I list my trust as beneficiary, is it just as good as having the trust own the account? ANSWER BY MARGARET CROSS-BELIVEAU: Naming the trust as a beneficiary is a way to fund the trust at your death, thus avoiding probate. There is one drawback. As

A lady my mom trusted, mom passed 2018, to date no payments. How do I get land back?

I just would like to get my land back now. No improvements, it’s basically abandoned. What can I do to get title into my name? ANSWER BY MARGARET CROSS-BELIVEAU: The debt owed to your mother is now owned by your mother’s estate. You will need to consult with a Florida litigation attorney. (I am assuming it was Florida land.) You may have to open a probate for your mother to file the lawsuit. Hopefully your mother

Why wouldn’t I be included, for any inheritance or possessions my Step-Dad had when he passed away on Feb 18,2020?

My Step-Dad passed away, and he was still living with my Mom . They lived together for 40+ years. About their 35th year, the did a fast marriage thru a Magistrate judge, and afterwards, they divorced, mom and Dad both told me it was because of how much the Ins. Premium went up in cost, it’s tripled. They were given advice to divorce, and go back to how they were doing things, and they did an

The Afterlife of Litigation: What You Need to Know About Inheriting a Lawsuit

What to Do When Probate Meets Civil Litigation Civil litigation and the probate process: both can potentially drag out for months, if not years; both cost those involved dearly in both financial and emotional terms; both can be made less likely, or less painful, by careful planning and consultation with skilled legal representation. Yet, even the best-laid plans can go awry; sometimes probate and litigation meet head-on. There are times in which one’s inheritance might include

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