My brother-in-law was the executor and was removed by the court and my sister-in-law is now executor, one brother is getting SSI and she is blaming the delay on finding what to do with his share.
It is true that there is no typical time frame, but 5-1/2 years is absurd. Presumably most of that delay is attributable to inaction by the original Executor. Your sister-in-law has a valid concern in trying to find a way to keep the brother from losing any means-tested benefits. The interplay between estate administration and benefits eligibility is very complex, probably requiring the skills of both an expert probate administration attorney and an expert Medicaid/Elder Law attorney. It is possible that the estate is not large enough to afford all the legal help that is required. The best action you can take would be to engage the services of an expert probate attorney who practices in the County where the estate is being administered so the attorney can review the status of the estate and advice you about your options. Legal services are expensive. Your father-in-law obviously did not have planning in place that took into account the one child's special circumstances. Some things can be fixed after death, others can't; but this is what happens when aging parents fail to engage knowledgeable experts to help them with their estate planning.See question
I am also trustee for my father's trust that property is involved. But property is initially in his name and will put in trust after closing. I was wondering if I am able to assign my lawyer to be temporary POA for signing closing documents. ...
You have not given us enough facts to answer your question. The documents (trust and POA) will control. And despite anything else, you will need to do whatever the title insurance company says you need to do. The title company may or may not accept a Power of Attorney granted to your closing attorney by you as trustee or agent. The title company may be able to get your signature in advance and do a closing in escrow. If you are taking action as trustee of your father's trust without the advice of an expert trust attorney, you are acting unwisely.See question
Obviously, if you have access to the home and the mail is still coming there, you can watch for statements. If there is an Executor or Administrator, you can ask them for an "accounting", which can include copies of statements. Otherwise, you can only obtain them by being named Executor or Administrator of the probate estate. The nature of your question suggests that there is something unusual going on, and you may need to consult with an expert probate attorney to help you figure it out.See question
The Value of the Estate is around $130K with the main asset the home. An Administrator for the estate was also appointed which is a relative. My question is what percentage of the Estate can the Attorney and Admin claim for fees? I referred t...
It is unclear why you would not pose this question to your attorney. As to the Administrator's "commission", the statute is very straightforward (simple math). Attorneys fees are either hourly or pursuant to a fee schedule estabished by the county probate court. A good general guideline for attorney fees is 2% of the total value of the assets. The Administrator gets the commission plus reimbursement of any expenses. He or she can petition for a higher fee, but this rarely happens. The attorney also gets fees plus reimbursement of expenses. The Administrator commission is not affected by whether or not the house is sold. The attorney fees could be higher if the house is sold by the estate rather than by the inheritor(s).See question
My husband and I have two kids, both are adults now. We've lived together for ten yrs. before we married and have been married 30 yrs. He was divorced twice before. We have 3 properties, 2 are paid for and the other has 5 yrs. left.
Second marriages, even very long-term second marriages, are among the most complicated estate planning situations. Remember, you are planning for a time when at least one of you is unable to act for yourself, either due to incapacity or death, so it is not possible to do it properly without professional assistance. And YOU cannot make the arrangements alone, it requires both of you to participate and execute whatever documents are required to meet the goals you have for yourselves, children and grandchildren. Contact an expert estate planning attorney to help you get this done properly.See question
I lost my father on October 11, 2015. I am the baby girl. I am only the informant on the death certificate, and I do have the original death certificate. I tried to obtain those funds at his bank and was told that I have to go to probate court.
There is no way to answer your question, because it depends on the type and nature of assets, debts if any, and family circumstances. Most expert probate attorneys will meet with you for little or no fee, look at your situation, explain your options and quote a fee.See question
My brother and his wife has past with no children is his family in titled to his pention or her family
Some pensions terminate upon death and others continue for a period of time. Without seeing the specific pension documentation, there is no way to know. You need to take the paperwork to a competent estate attorney to look it over and advise you.See question
There no house that's in the estate or any bank account
If there are debts and no assets (car, house, accounts, jewelry, etc), and if no one else co-signed or guaranteed the debts, you need not do anything. No one has an obligation to file the Will or start a Probate case or do anything else.See question
My mother was an evil woman that abused and neglected me for the sake of her daughter. My sister died last year from alcoholism and drug abuse. I feel my mom was responsible because she raised her wrong.
As my colleagues have said, Will Contests are an uphill battle. You need to be able to prove with witnesses and/or medical testimony that your mother was either (a) incompetent or (b) subject to the "undue influence" of others at the time she made her Will. Probate court is not a place where old wrongs can be righted. It's job is to (a) make sure creditors get paid and (b) enforce the "testamentary intent" of the decedent.See question
All personal property used to pay for his nursing home care. What needs to be filed to close estate.(only cking balance ) remains.
As reflected my Mr. Japp's questions, you have not provided enough information for us to answer. You may be able to get some assistance from the probate court clerks, but it sounds to me like you may have jumped the gun and paid bills without attention to the statutory "priority." Because of personal liability, it is quite dangerous financially for a lay person to try to handle an estate without professional assistance. You can try the Clerks, but it is likely you will need to contact an expert probate attorney to help you finish up.See question