Heir also has two children, one a minor. Father appointed two heirs to be executors. They are not handling the affairs of the estate properly and the other heirs are considering petitioning the court to have them removed. Thus far, any bank accou...
I cannot tell from your question who the “husband” is. I assume him to be the spouse of the heir who is dead. If so, then the answer to your question depends on whether the heir died before or after the Father.
If the heir died before her father, then, depending on the wording of the Will of the Father, the heir might be entitled to an inheritance. Most wills require that the beneficiaries survive in order to inherit. So, you need to read the will and see if the heir must survive in order to inherit. Usually, the will says something, “if XXX does not survive, then YYY shall take XXX’s inheritance” or something like that.
On the other hand, if the heir died after the father, then the estate of the heir is the proper beneficiary of the Father’s estate. You will need to open an estate for the heir in order to receive the inheritance from the Father’s estate. Since the heir died intestate, the husband and the heir’s children will share in the inheritance with the spouse taking no less than 1/3 and the children sharing the remainder.See question
My father died October 4th from a brain tumor. He was diagnosed in June of this year and began chemo/radiation in late June. I was informed today by a lawyer , by phone, that my father "signed" a will typed up by my step mother in July, leaving ev...
On the surface, you have legitimate concerns over testamentary capacity and probably undue influence. You should seek out a lawyer who specializes in probate litigation to assist you. You shoudl sign nothing sent to you by yoru stepmother.See question
He has not been part of anything for 20+yrs and he is remarried also and DoD three quick claims making sure he has no rights now I'm facing felony charges for protection the property her cars was missing diamonds more when her next door friend ca...
When your mother died, she either had a will or she did not. If she had a will, and it includes your father even though your mother and he divorced more than 20 years ago, her will controls who gets what. There is a law concerning the inclusion of an ex-spouse in a will if the will was created before the divorce. Don’t know if that is applicable to you or not.
If there is no will, then your mother’s estate needs an administrator appointed. If you are the only child, and your mother was not remarried, you are the only heir and you should apply to be appointed administrator. You need to be careful to identify exactly what your mother owned at her death. Many times, people will get divorced, but they will not change the title to real estate after the divorce. That creates very difficult situations when one of the spouses dies. You should consult an attorney who specializes in probate work immediately.See question
WHERE IS THE HOUSE DEED. THEY WILL NOT SHARE ANY INFORMATION ABOUT THE HOUSE OR PROPERTY. PLEASE ADVISE.
I am not sure who “they” are that are not sharing information. If you and your two sisters are the surviving children, then you have a right to become administrator of the estate if there is not a will. If there is a will, then you need to send a letter to the executor asking that the executor tell you what is going on. If this does not work, you can file a Petition for Settlement of Accounts with the probate court where the will was filed.See question
My father recently passed and my aunt had a petition to probate a will in solemn form drawn up....me and my siblings were left out of the will and everything was left to a dog which was left to her...I don't feel that my father was in the right st...
You will need not to acknowledge the will and file an objection to the will in the probate court once your aunt files the will for probate. You only have 10 days in which to file your objection once the will is filed with the probate court. You will need an attorney to assist you with this matter.See question
There are two other heirs who don't want to have anything to do with the property and have expressed no interest in it.
I assume there are three heirs, with you being one of them. I further assume that the two heirs who want nothing to do with the property will sign a document stating as much. If so, you need a renunciation from the two people who do not want the property and you need to prepare an Administrator’s deed to transfer the property to you. You also must make sure all debts are paid before transferring the house to yourself unless you are planning to pay the debtors personally.See question
the estate has closed.
I assume the person injured by the VA has passed away? If so, and if the VA is the cause of the death, then there might exist a wrongful death claim. The statute of limitations on that claim is 2 years from when the negligent act was committed by the VA. The claim is owned jointly by the children of the deceased person and the spouse of the deceased person. If there is not spouse, then the children own the entire claim. IF there are not children, then the spouse owns the entire claim. If there are no children or spouses, then the estate owns the entire claim.See question
My children's father left everything to his current wife. Now she wants to have them sign off for the will to be probated. They are refusing because the signature doesn't appear the be their dads it looks nothing like his signature. Do they have...
No, they do not have to consent to the probate of the will the wife is offering. They can challenge the will if they do not believe it to be a valid will. Also, if any of the children are under the age of 18, they can file for a year’s support.See question
My brother died in Hall County in August 2015 & his 3 children are his heirs. The nominated executor lives in California, but the process to make her the executor formally has not been completed. His son, who lives in Georgia has disposed of all t...
You can file to become temporary administrator to secure your brother's property until the executor is formally put in charge. You will probably need legal assistance in obtaining a temporary administratorship. You will need to be able to be bonded for the value of your brother's assets to become temporary administrator yourself. You can ask the court to appoint the county administrator as the temporary administrator as an alternative to you being appointed.See question
My siblings were left nothing in dad's will, everything went to mom. All assets are in her name and retirement accounts show her as beneficiary. Are there going to be any issues when the will is filed?
Hard to answer as to whether there will be problems once the will is filed. However, it is the duty of every person who has an original will of a deceased person to file the will with the probate court and notify all heirs of the filing. Whether anyone else will file it for probate remains to be seen.See question