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My uncle died without a will he has two children and a live-in girlfriend currently occupying my grandmother's house my question is is my mother the legal owner of the home being that he didn't have a wheel
This answer to this question is dependent upon many facts which I don't know. For instance, when your grandmother died did she leave the house to your uncle by her will? If so, then the house will go to your uncle's children. If he didn't own the home legally when he died, who owned it? If your grandmother didn't have a will, was her spouse alive when she died? Was her spouse your uncle's father? How many children did grandmother have? If any of grandmother's children are deceased, did they have children?
Your mother may have an interest in the home if your grandmother didn't have a spouse and didn't have a will when she died, but an attorney wouldn't know this without being able to answer all of the above questions.
My 86 yr old mother lives in NC and was preparing to buy a house 3 yrs ago with my 90 yr old father so my sister and her partner could live with them and take care of my father. During the mortgage process, my father died. My mother could not qual...
Find a new lawyer immediately. Something is definitely not right if the lawyer advised your mother that the will can't be changed. A will can be changed as long as an individual is alive and competent.See question
MoM is 95 ears old; she may out live her savings and want to know what NC Medicaid allows for the gifts for church and family birthday/Christmas gifting is allowed during the 5 year lookback period.
If there is a lifelong pattern of gifting then such gifts may be acceptable, BUT I would not recommend such gifts be continued. It will make the application for Medicaid more difficult and possibly longer.See question
Does this mean that everything that they accumulated in the marriage that the property will be divided with the living spouse step children. Or everything goes to living spouse with no will. Still in NC
Property with no will follows state law. This law is known as Intestate (without a will) Succession. The closest heirs will share the estate. So spouse and children may share or if their isn't a spouse children will share. There are numerous permutations. A court proceeding known as an Administration must take place before assets may be distributed. Contact a probate attorney to help with this process.See question
My wife and I are currently separated, living in two different states. Two months ago she was admitted into the hospital with kidney failure and other issues, she is still there. I am 3 hours away and also with us being separted would prefer to ...
No, you can't transfer your job to another agent of your choice. If Aunt is listed after you on the Power Of Attorney then she may serve. Guardianship proceedings may allow Aunt to serve as Agent for her niece.See question
Mom lives with a sibling who is making life decisions for her and spending her money any way she likes even for her own purposes. She has made arrangements to put her in assisted living without consulting 4 others siblings. Do the rest of us have ...
I would suggest that you hire an attorney and go through a Guardianship process for mom to remove your sister and appoint someone more responsible to care for her. A Guardianship may be procured even if your sister is your mother's Power of Attorney provided that your sister is being irresponsible with your mother's assets and not rendering proper help and care. If mom is being coerced and doesn't have the capacity to make good financial or medical decisions for herself a Guardian will be appointed. Mom's legal capacity will be an issue at such a hearing and it must be determined that it is diminished to a point that she is no longer able to make competent legal decisions.See question
Uncle died left no will. Has cash ,property,no debts 3 brothers looking for someone to settle & divide assets equally Need answers ASAP!!!!!
Probate Attorneys handle estates with and without wills.See question
we are the children and our father had a policy for several years that had us listed as beneficary but during his voluntary 6 week stay his new wife was put on the policy and we were removed. will this change be considered legal or not?
If your father was legally competent, which it's likely he was, then his change of beneficiary is legal.See question
My mother passed. away and one sister sold home and all she did have power attorney I called lot of time and could not get answers and I was never told my mother passed away do I have any legal rights to the things that she sold her home (mothers)...
If your sister sold the home and was your mother's Power of Attorney before she passed then it's likely she had the legal authority to do so. With regard to your rights in the contents of the home or any of the proceeds from the sale home, it depends on when and how the money and contents of the home were handled. If your mother left a will leaving everything to your sister then it's likely your sister inherited everything, if anything was left. If the will stated that you were entitled to a portion of your mom's estate then you may be entitled to a share depending on what if anything was left in the estate at your mom's death. You may want to retrieve a copy of the will from the court in the county where your mother resided, if a will was filed. It also may make sense for you to hire an estate litigation attorney and discuss the matter at length to determine your rights in your mother's estate.See question
My dad was estranged from his 6 children. We don't believe there was a will. Who would be entitled to his estate. he lived in the state of Rhode Island. His children are in NY NJ and NC How would we find out if there is an estate etc. do we ...
If your dad died without a will then his assets will pass under the intestate succession laws where he resided and pursuant to the legal designations on such assets.
If he died and is survived by a spouse it's likely that her name is on some or all of the accounts and real estate with your dad. Often those accounts and land go directly to the spouse. Accounts with beneficiaries also go directly to those beneficiaries. For example, if he had life insurance or retirement accounts it's likely he designated people to receive them at his death. However, accounts not designated and land not designated are split by law to ones spouse and children. I would recommend you contact the Probate Court in the County your father resided to see if a will has been filed, also check the deeds to see if any of them are listed solely in dad's name. If there is no will you may want to hire an attorney in said County to check out your dad's assets and determine whether an estate should be opened.