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My mother died and left her house to me and my sister. i want her out of the house. How do i do that?
Steven's answer
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Answered on September 27, 2013
You are in a tough spot - you could sue her I suppose for non-payment of bills, but how will you collect? You could try to force a partition action...
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Our mother passed a few days ago. My sister and I are named as executorix of will I am named primary my sister secondary. I do
Steven's answer
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Answered on September 27, 2013
If the first named executor does not with to serve, yes they need to file a completed/notarized renunciation. Call the Surrogate to make sure they...
Archived
What are the Legal rights of an executor while the petitioners are still alive?
Steven's answer
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Answered on September 27, 2013
I agree with the other attorneys that it is unlikely your brother is anything at this point. Your brother is not executor for your mother until...
Archived
POA for my aunt w/dementia; when I sell her house should I place her funds in my name and/or her daughters for her security.
Steven's answer
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Answered on September 27, 2013
Are you the agent under POA now/or guardian? If you are you have to hold the assets in a guardianship or POA account for her benefit only. If you...
Archived
My ex passed away, still owes me $8100 for real estate, a truck was in both our names has been given to his cousin.
Steven's answer
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Answered on September 25, 2013
You have to file a claim as a creditor of the estate. My guess would be that it would need to be filed in the county of hte primary probate...
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If my mom and her sister were willed there mothers house, and the sister just passed does my mom get the house
Steven's answer
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Answered on September 25, 2013
Mr. Cockrell's answer is correct. If grandmom was survived by mom/aunt then they each likely got one half of the house so aunt's half is now in...
Archived
What recourse do I have if a trust in my name is not disbursed in a timely manner?
Steven's answer
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Answered on September 25, 2013
I can't add much to what Mrs. Harvey said other than to agree. As a beneficiary you have rights. If the "soft approach" doesn't work, hire an...
Archived
My brother and I inherited equal portions of land. If I sell my half to him, is the money still considered inheritance?
Steven's answer
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Answered on September 25, 2013
If there is a gain on the sale, it could be income taxable to you. Otherwise no.
Archived
Once a property is placed in probate, will we have to sell it?
We have a renter now.
Steven's answer
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Answered on September 25, 2013
Not necessarily - if there is a will and it directs the house to be sold or given to a specific person then it may need to be sold, but it could...
Archived
My mother would like to transfer her home into my name. No money will be exchanged. Will I have to claim this on my income tax?
Steven's answer
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Answered on September 24, 2013
Speak to an attorney right away. Generally such a transfer is not a good idea for a number of reasons, although it could be appropriate in certain...
