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Robert W. Hughes Jr.'s Answers
Contributor Level 13
- 253 Legal Answers
- 2 Legal Guides
3
Attorney answers:
What do it means when you Lack of experience handling large sums of money in a fiduciary role.
It means you need to find a new bonding company. Try William Oliver 770-978-9470
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3
Attorney answers:
Can I sell on liquid asset items in the estate to satisfy debt when there are beneficiaries?
Yes, but you must sell everything that is not specifically given to someone first, If after selling those items not specifically left to someone and not having enough money to pay off the debts, you can sell the specific gifts.
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3
Attorney answers:
What documentation will I need from creditors to release estate from debt.
Yes. You shoudl get them to send you an Offer of Compromise that sets forth that the creditor is willing to accept XXX in full satisfaction of the obligation.
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3
Attorney answers:
Did I inherit the property of my deceased husband?
You do not inherit the property simply because you are the spouse. You are entitled to inherit the property, or a portion of it, if there is no will. As the spouse, you are entitled to no less than 1/3 of your husband’s estate. His estate will be shared between you and your husband's children. If the house is not in your name and the mortgage is not in your name, you have no legal obligation related to the house and are free to leave. In this time when many homes are "upside down", this...
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3
Attorney answers:
How long after death do I have to get the will filed in probate court in Georgia? Is there a time dead line to meet?
The only requirement is that you must file the will with teh probate court in a reasonable time. You do not have to file the will for probate, only file it with the court so that it is recorded that your husband had a will. You should consider several options available to you such as filing for year's support as opposed to filing the will for probate. You should consult a lawyer about this matter as there are time deadlines (2 years) for filing a petition for year's support.
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3
Attorney answers:
Wills
If you are trying to prove that you are a child of the deceased person or that someone else is not the child of the deceased person, you will need a test from a certified laboratory. The results must be certified and properly introduced into the court.
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3
Attorney answers:
How do i go about this?
You first need to confirm that the house is in your father’s name exclusively. If not, it may already belong to the wife. You should try to confirm exactly what property, both real and personal, is in your father’s name. This includes bank accounts. You mention that you are the only blood child left now. That presumes that you had brother or sisters. If they had any children, those children also might inherit. Your dad’s wife, you and any children of predeceased children are all entitled...
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4
Attorney answers:
Uncle "stealing" from family after grandmother's passing?
Your facts fall into a broad category of probably what is called undue influence. Your uncle may have unduely influenced your grandmother to take the actions she took. You do not mention, but the elderly also become more feeble and more susceptible to undue influence as they grow older. You add in the issue of the uncle moving into the house and the opportunity for him to unduely influence her and all the pieces are falling into place for such a case. Of course, your grandmother may have...
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5
Attorney answers:
Step Mother claims there was no Will...help?
You have standing to insure that yoru father's final wishes are carried out. If he had a will, you have the righ tot insist that the will is filed in the appropriate court in Ohio and that the mandates of the will are carried out. If he did not have a will, you have the right to insist that his estate be administered in accordance with Ohio law. You shoudl contact a probate attorney in the county where yoru father resided to get help with this matter.
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3
Attorney answers:
I would like to ask the Estate attorneys this question.
It sounds as though you were excluded from the house on a motion for summary judgment. Then, your brother, who I assume is entitled to own some or all of the house, signed a quit claim deed to you giving you his interest in the house. What you can do with this quit claim deed depends on other information. If the house has already been deeded from the estate to your brother, you now own whatever interest he was deeded. If he does not yet own any of the house, you arguably do not own...
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