Skip to main content
C L Huddleston III
Avvo
Pro

C Huddleston’s Answers

1,277 total


  • Can i sue for the remains (ashes) of my father?

    My aunt has refused to give me any of my father's remains after she has received payment for the purchase of a small urn & two locket urns.

    C’s Answer

    Yes, but litigation is very expensive. If there is a probate estate opened it would be easier to request hearing on disposition of remains, but you are going to need a good probate lawyer to do either.

    See question 
  • Wife died, more that 2 vehicles are in her name. No will, no trust. Any way to avoid probate to transfer titles to spouse?

    5 vehicles - 1 junk planned to scrap prior to death, remaining 4 value $60k , 3 with liens, 1 no lien

    C’s Answer

    If the vehicles with liens are worth less than the liens, you can let the lenders foreclose on their security interests, in which case they will need to open the probate proceedings, not at your expense. Just transfer two vehicles by affidavit and turn over the other keys to lenders. But if you wish to preserve the value, you'll need to go through "no administration" probate. There is a chance court personnel will help you do it yourself.

    See question 
  • Can a bank/lender still file a probate claim on an estate with a living liable and the loan is current?

    In other words, can they file a claim to give the living liable the option of using the estate to help pay off any remaining balance that will be due?

    C’s Answer

    You are leaving us to guess about what you mean by a "living liable." I guess we are to assume there are more than one obligors and one has died? Usually, if the loan is current, nothing happens as long as the payments continue to be made. However, at current historically low interest rates, it is possible that a bank could invoke its "due on sale" clause sometime in the future to get rid of a low-rate loan. If you are really concerned about this, pay a debtor/creditor or real estate or estate expert to review the mortgage document in light of your specific facts and give you dependable advice ... which we cannot do without that information.

    See question 
  • Is it possible to file a probate claim where there is a secured loan with two people on the loan and the balance is current?

    I asked earlier, but wanted to clarify: In this hypothetical situation there is a secured loan, a mortgage for example, in the name of two people. One of these parties then becomes deceased. The balance of the loan is current before and after date...

    C’s Answer

    The language of the mortgage will control, so your question cannot be answered without reference to the mortgage. Generally, mortgages contains "due on sale" clauses by which the lender could demand payment in full if one party dies. You also don't indicate who owns the property. We cannot assume the two obligors under the mortgage are also owners. You need either a good estate, real estate title or debtor/creditor attorney to look over the mortgage paperwork and advise you. Don't be penny-wise and pound-foolish by trying to figure out some this important on your own.

    See question 
  • If i have my step father will shown everthing belong to me his blood kids took over thing what me right

    when i was one put in chard his stare he hand thing to do with them he rasion me they took everthing againts his right

    C’s Answer

    The reason you have received no answers to your question is that your writing is unintelligible. You will need to take whatever documents you have to meet with an expert probate attorney. It will probably cost you a few hundred dollars.

    See question 
  • My wife has a family trust which our house is deeded under and 70 acres. Am i entitled to any assets we have been married 8 year

    We have 3 children in common and have been living together for 15 years. The trust was formed in 2004, we married in 2007. She has left me with the children and does not see them. The assets were inherited from her family farming businesses.

    C’s Answer

    There are too many variables in trust language and trust administration for you question to be reliably answered in this forum. You need to spend a few hundred dollars to consult with an expert trust attorney, perhaps jointly with an expert family law attorney. There is too much at stake here to guess.

    See question 
  • If you are the beneficiary of an insurance policy, do you have to use that funds to pay for funeral expenses?

    I'm the beneficiary of an insurance policy. Also, had a joint checking account with the deceased. Can I use the checking account monies to pay for funeral expenses? Also, is the money in checking account be liable to the will?

    C’s Answer

    If you are the beneficiary of an insurance policy and co-owner of decedent's bank account, you should use a few hundred dollars of that money to get specific, personal advice and assistance from an expert estate lawyer in Montgomery a County (or wherever the decedent lived at the time of death). You probably have more options than you know.

    See question 
  • Is there any way I can stop my sister from doing a full probate on my mother's estate that is not worth much?

    I took care of mom for years with no help from my sister. My mother died and my sister ran to the bank to get what money she could. The only other thing of value was her house which was in need of repairs. It is probably worth $50-60,000. My siste...

    C’s Answer

    You need an attorney to pursue your claims against the estate for all the money you spent out of pocket to preserve the residence. The attorney fee should not be more than 2% of the assets. There is a time limit for the filing of claims against the estate so do not delay. Also, you had an opportunity to object to your sister serving as Executor. If you were not notified, that is procedural error that can be remedied. In the face of an ill-willed executor, likely the only way for you to get what you should get is to hire your own attorney. It won't cost much to consult with one, so do so without delay.

    See question 
  • How do I over turn a power of attorney

    My niece has false documents stating she has power of attornety over my brother and wants to pull the plug but he is still coherent

    C’s Answer

    • Selected as best answer

    I'm certain you don't want to hear this, but if there is going to be a battle with someone pretending to have valid medical documents, you are not going to be able to do it without a good advocate, and that almost always means hiring an attorney to help you. If your brother is coherent and competent, his wishes override hers and he can execute new documents. Be careful, however: Sometimes emotions can override logic. You should be consulting with his doctors if you are going to try to make decisions different than your niece is making. There are many perfectly capable persons who know they are dying that do not wish to receive life sustaining treatment. Also, the doctors are not going to follow the niece's instructions if they aren't medically indicated.

    See question 
  • My father passed away two years ago. He owned property in West Virginia and Ohio that is subject to probate.

    He left the properties to my stepmother and my siblings and me. The main estate was filed in W. Va., with ancillary administration in Ohio. My stepmother is executor, and she is refusing to give me any information about the mortgages on the pro...

    C’s Answer

    We cannot really help you other than to provide basic concepts. The stepmother owes an equal duty to all beneficiaries, but someone needs to enforce that duty. That someone is you working with expert WV and OH probate attorneys. bayou won't be able to do it on your own.

    To others who may be reading this: If you want your children treated as well as your second spouse's children, get an expert probate attorney to do your estate plan and DO NOT name the new spouse as trustee or executor.

    See question