Kathleen O'Brien's Answers

Do adult children have a claim to half of unsold home when all property willed to them by mother?

If the ownership of the house by husband and wife was with right of survivorship, the wife's half-interest in the house now will go to her surviving spouse, and not by her will. You can review the deed to be sure how the title to the house was held, but it sounds like you know. The will only controls the property that doesn't have title pass by other means (e.g. joint ownership). A will cannot change the terms of a deed; only a new deed can do that. So the answer is no.

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If I drive with a minor who has a learner's permit and there's an accident, do I have legal/financial liability?

It sounds like you want to know what liability you might face; and there has not been an actual accident. You are not guaranteeing the driving skills of the young driver, but you do have an obligation to reasonably supervise his driving. So, if there were to be an accident caused by someone else's negligence, or an accident which could not have been avoided by your reasonable supervision, then I would say you are not facing any legal or financial exposure. However, if you become aware that...

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Stepparent adoption when the biological father is not a US Citizen

Yes, you need the Consent of the legal father. It is not unusual for someone not to speak or read English. In that case, the legal documents need to be translated or interpreted for the signer. The court will need to see the Consent to Adoption in English, along with a signed version in the other language, along with a certified statement from a qualified interpreter, as to it being a faithful translation. Both the interpreter and the signer should have their signatures notarized. The...

How/can I obtain guardianship of my 13yr granddaughter?

I would recommend you talk to a lawyer about the different options. Your daughter can give you temporary (up to 6 months) guardianship of the grandchild, and you can use that time to decide if you should petition the court for permanent guardianship (until the child is 18). If your daughter does not consent to you having guardianship, then that is another kettle of fish, so that's why I would recommend the temporary guardianship, to see where things go for your daughter. If your daughter is...

Injured after a perm from a local salon, getting no where with their insurance company. Won't return phone calls.

Hi. It sounds like the damage was painful but fortunately it was confined to the back of your neck. It also sounds like you didn't receive medical care, so I am going to assume that the blisters resolved satisfactorily. I have seen cases like this where the customer's face was permanently scarred. I know it's a serious burn. The salon certainly is responsible for their negligence. If their insurance company is not being responsive, my advice to you would be to file a small claims action....

I am unemployed and was behind on my house payment (man Home in a park) I paid current but they will not stop legal

what's a "man home in a park?" It doesn't sound like real estate to me. If you own real property, and it is in foreclosure proceedings, and you have brought the account current, but there are some fees outstanding, you need to figure out what's legit and what's not. This question doesn't sound legit to me. If you need to find a lawyer to review the paperwork from the lender or mortgage company, you could start with a bankruptcy lawyer.

I need to have a trust account established by an attorney. This will be for the purpose of accepting an international money wire

It costs nothing for an attorney to set up a client trust account for a legitimate client, in terms of the bank fees. If someone wants to send you an international money wire, there is no rational reason for them to ask you to get the help of an attorney's trust account to "accept" the money, other than a scam.

I have a problem finding info on my fathers will and my inheritance.

I am sorry for your loss. If you have the information that you are his sole beneficiary on his life insurance, then hopefully you know the name of the company that wrote the policy. They will need an official copy of his death certificate, and proof of your relationship to him (i.e. an official copy of your birth certificate), and you can go about getting those documents fairly easily, and without asking your stepmother to help. Life insurance proceeds normally are "non-probate" property....

All of the family members refuse guardianship. Can we get a neutral, court-ordered person?

I'm sorry that the situation is so difficult for your mother to accept. I would encourage you to engage another professional for the more limited role of an "intervention," where several people who care about your mother can express their concerns without the emotion normally present in family relationships. The logical person to do this would be a family counselor; other professionals who might be able to help could be health care professionals (doctor, nurse, professional staff); clergy;...

Am I entitled to information in my fathers probated will as a interested party ???

Yes, the will admitted to probate is a public record; you can go to the county courthouse and view the will and the probate file and make copies.