My parents named my brother sister and I as the new owners of their house upon their death. My brother wants to lease the house to strangers. My sister and I want to live there. Does he need our signified to lease it out? What can be done?
You can agree to rent it, but it sounds like a partition action to appoint a third party to sell the property would be the best choice in your circumstancesSee question
what are your cunsult fees
If you want a quote on fees, you should search under the "find a lawyer" tab for "trust" or "estate planning" and directly contact the lawyers that you think are appropriate to handle your matter and ask them privately about their consultation fees in your circumstance.See question
Grandparents died about 12 years ago and left behind a home/property. They had 5 siblings 2 alive 3 deceased. Siblings and grandchildren have no interest in the home/property. A granddaughter resides in the home. We want to sign it over to her, bu...
I think given the passage of time and no dispute, an affidavit of heirship and then deeds by all interested parties to the granddaughter will vest her marketable title. You need an attorney to review the facts, draft an appropriate affidavit of heirship, and prepare deeds to granddaughter for all interested person.See question
My dad is 70 with Congestive Heart Failure and other ailments that are contributing to his quick turn down hill. My mother is away "working" and he doesn't see her for months at a time. She is 58 and in good health. She has a free live in careg...
I think you need a frank talk with Mom about Dad's care and "volunteer" to take over. You need reasonable access to his funds and Dad may need to give you a power of attorney. I would only resort to litigation if your Mom is uncooperative and you can't effectively use the powers of attorney. You should consult with an attorney after discussing with Mom and chart out your options, however, instead of a lawsuit vs Mom, I think you should consider guardianship.See question
In 2014 my mother passed with no will. She owned a house, car and personal items that will be sold...The court notified me that I will inherit 25 percent of her estate once it is sold. Her second husband is the Admin. I am in a different state. Wi...
If you don't feel the estate is large enough or you lack the funds to hire an attorney, file a document with the Clerk titled "Notice of Appearance and Request for Notice" and request notice of everything filed and set in the case, provide your address phone number, and email. Mail the document to the clerk and make sure it has all of the case information at the top, like you find on any other pleading sin the case.See question
My sister has not been in touch with us for several years. Would I be able to get ownership of the house that my mother owned? She also left behind a property that was her mother's.
In the situation you describe, a probate proceeding is necessary. The probate process is to provide an organized transfer of a Decedent's assets and to see that their debts and taxes are paid. Without probate, anyone who deals with estate assets (banks, purchasers, title companies, etc) would be at risk for giving those assets to the wrong person or getting imperfect title. Although you may know who the heirs are and who should get which property, third parties don't know that without probate. Thus, probate is necessary to allow your buyer peace of mind, give an organized process to handling the Decedent's assets, and to pay just and due debts. Thankfully, Texas has a very fine and streamlined process that, without family dispute, often keeps legal and other costs very low. You do need a probate attorney, but the cost may surprise you in a good waySee question
My friend's mom passed away 9 months ago. She purchased a home in 2001 but has no Will or spouse, No executor; nothing! None of her kids seem to have any interest in the house. They just took some of the personal property for themselves. ...
You might be able to convince one or more the children to allow you to pay to open probate and purchase the house from the estate. The only way to obtain clean title is to open a probate estate and if you could get everyone's cooperation, then you might be able to work a deal. You need to check the status of the taxes and the mortgage before you consider purchasing the propert . Regardless, the exemptions passed away with the homeowner. As of 1/1/15, the over 65 and homestead exemptions are no longer valid.See question
My father died intestate. He is survived by his wife n 3 adult children. We are their biological heirs. Its my understanding that my mother filed an affidavit of heirship and listed herself and all my fathers brothers and sisters but omitted me...
Here is a question that makes a big difference in the answer to be provided: Did your father have any children of a relationship with anyone other than your mother (who I presume he was married to at death). Without that fact, it is hard to give you a precise answer. Regardless, the affidavit of heirship is probably wrong and you probably need to take some legal action to respond. Please consult an experienced probate attorney.See question
My mother passed away, she left a mortgage loan and a lot of debt. Her assets include a house and a vehicle
If the debt exceeds the value of the property, I would not take any action. It means, however, that the house can't be yours or any other family members. It will be foreclosed in time. If the house has equity, you will need a probate attorney to assist you in finding the most affordable way to obtain your rights to the property.See question
my wife and i took care of my mother,stepfather,and brother for 20 years.Bought groceries.,paid bills,took them to doctor visits etc. My stepfather very seldom saw or talked to his side of the family. A couple of weeks after my mother passed away ...
You are a victim of what I call "pickup probate" -- meaning the one that gets to the house first with a pickup wins. It is very difficult to fix the issues relating to the "stuff" they took from the house. The house, itself, however can't be transferred except by proper legal process. You need a probate attorney who should be able to help you and your brothers obtain the house.See question