My mother left her bank account to me in her will, does the estate get it or does it go directly to me?
Joseph's answer
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Answered on August 27, 2018
I am sorry for your loss. If the account was solely in your mother's name without a named beneficiary, then it is an estate asset and subject to...
How do I get property into my name in Florida?
Joseph's answer
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Answered on August 21, 2018
I am sorry for your loss. You will need to file the original will and other documentation in the probate court in order to be named as the...
How long in the state of sc do you have to probate a will?
Joseph's answer
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Answered on August 21, 2018
A duly executed will can be probated at any time after the testator or testatrix dies. There is no "statute of limitation." With that said, it is...
Archived
My sister put my brothers name and the name of his spouse on my Mother's house without their permission. Is this legal?
Joseph's answer
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Answered on August 20, 2018
If your mother was the sole owner of her home, your sister would be without power to simply add names to the title. However, it is possible that...
Archived
How does a beneficiary get a copy of a trust, now irrevocable, & the will, other than through the Executor/Administrator?
Joseph's answer
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Answered on August 16, 2018
I am sorry for your situation. Given the lack of probate, it is possible that all of the decedent's assets were placed in what is commonly...
Archived
WHat can I do My brother died in 2015 his wife has not probate his will.
Joseph's answer
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Answered on August 16, 2018
I am sorry for your loss. The biggest question here is the titling on the subject property. If your brother was the sole owner, then he can...
Archived
Can I sue an organization that claimed to be guardian or POA over my husband, but never produced any paperwork?
Joseph's answer
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Answered on August 15, 2018
I'm sorry for your circumstances. You'll want to confirm that there is no guardianship "paperwork" at your local probate court (which may be the...
Archived
Can my mother in law's boyfriend, not legally married, get power of attorney to become executor of her estate?
Joseph's answer
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Answered on August 13, 2018
I am sorry for your situation. A valid will can only be executed by someone with testamentary capacity, that is, someone who has sound mind and...
Do I need to open a probate file for my father who died in Kansas if all of his assets were owned jointly with his spouse.
Joseph's answer
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Answered on August 13, 2018
I am sorry for your loss. If all of your father's assets were owned as "joint tenants with right of survivorship" with his spouse, then there...
Archived
My mother died in oct 2017 we have a estate lawyer. I want to get my own lawyer?
Joseph's answer
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Answered on August 10, 2018
As a beneficiary of your mother's estate, you can retain your own counsel. If you are appointed by the court as either the executor of your...