My brother went behind my back and had the power of attorney changed from me to himself. He has emptied all of the bank accounts from my now deceased mother. I am the executor of the will and do not have access to the cash that he has taken before...
Your brother as Power of Attorney has a fiduciary duty to your mother and cannot self-deal or do things for his benefit unless the PoA specifically gives him the power to change the beneficiaries. If you are the Executor of the Estate, you can file an action against him to have that money returned to the estate to be distributed under the terms of the will.
I would advise you to seek legal counsel asap.See question
My dad Billy's mother died in 2010 with a will in place stating her property (house and acreage) was for her husband to live in until his death and then all property reverts to her only son Billy then to his sons and so on and so forth. We found o...
This is too complicated to answer online. You need to meet with a probate attorney who practices in Limestone County. They would have to review the documents to see if he had the right to transfer his interest. However, if his children get the remainder interest they may have to consent to the sale.
But an attorney would have to look at the deeds, wills, etc.See question
I'm 17 yrs, and I have a one year old son I go to school but I don't have job as of right now and I stay with my mother and his father is incarcerated but she put DHR in the situation now I have to go to court on the 26 of this Month is there any...
The court will have to take away your rights over your child and that is tough, unless you are unfit as a parent. Your mother can't take away your rights without a court proceeding. you will have an attorney appointed to represent you as will your son. They will file a report as to custody. I would advise you to talk to your attorney as soon as possible.See question
My father passed and did not leave a will. My father was married to my mother but they were separated for 20 years. Do I have a chance at the assets even tho he was married to my mom?
It would depend on the size of the probate estate. The probate estate consists of assets that are solely in his name without survivorship or Pay on Death or beneficiary.
If your parents were legally married and never divorced, your mother will get the first $50,000, unless your father had children by another marriage (or relationship). Your mother, if she was the legal spouse is also entitled to exemptions in the amount of $37,500. The next expenses to be paid are the funeral expenses and cost of administration and then any debts or claims of your father.
So, it will depend on the size of the estate and if your parents were still married and how the assets are titled.See question
My former husband passed away on 11/19 in Alabama.I am the executor/ beneficiary. He had no assets. His Mother passed away in December, 3016 in Fla. My former husband is the beneficiary of his Mothers estate. I was told by the executor of the moth...
From the question, I am not sure whether your ex-husband died before or after his mother. In the first paragraph you say that he died in Nov and his mother died in Dec but Lester you say that ex-mother predeceased her.
Since you are nominated in your ex-husband's estate, you will need to have an attorney advise you to get appointed over his estate. Before going to the time and expense of getting apponted, you need to see if there are any assets in his estate.
If you ex-husband died after your mother in law and is a beneficiary of his mother's estate, his estate would take those assets. However, if there is a survivorship requirement in his mother's will, you will need to know that. Some wills require a beneficiary to survive or 180 days.
Your claim for funeral expenses woudl be against your ex-husband's estate and not his mother's estate.
As with most questions, you need to sit down with a probate attorney in the County where your ex-husband's estate will be probated.
Another issue is when did your ex-husband execute (or sign) his will. If he signed it while you were married, your divorce revokes your appointment as Executor.See question
My grandmother was legally my mom and she left me with a trust fund that I couldn't get until the age of 21 and now they are doing me wrong
There are not enough facts here to see what is going on. You will need to have an attorney review the Trust and will and see about filing for an accounting from the Trustee.See question
I need to ask a question: my dad will stated that I his son and my niece and nephew are the beneficerys my nephew have hired an attorney and I have mine. Their attorney has charged 14000.00 in the selling of our farm. Now he had propping that he ...
If you have an attorney, you need to see his or her advice because they will have all the facts that an internet question won't have.
Your nephew and niece may have filed a Sale for Division to sell the property which is a 10% statutory fee. Not sure from this who the executor is and who is paying the fee, but reasonable fees of the Executor are paid from the Estate.
But you need to ask your attorney these questions.See question
We are having financial and marital problems, her step mother is threatening to try and take them, would rather my sister have them instead of possible court
For it to be legal you would have to go to court and give your sister the guardianship. There is a Limited Power of Guardianship that may work depending on what you need it for. You need to consult an attorney on this.See question
We have 1 child. We have a bank account together. We have insurance together. He never legally divorced his previous wife.
If your husband is married to someone else, you cannot be married to him by ceremony or common law. Being married to more than one person at the same time is called Bigomy and is illegal. Even if he were to get divorced, you cannont be common law married, as the law changed today (Jan. 1, 2017) and common law marriage is abolished in Alabama. There is a provision that grandfathers in existing common law marriages, but as I and the other attorney pointed out, you cannot be common law married since he is already married.See question
My mother passed, intestate, in November 2015. We have yet been able to establish probate for multiple reasons. However, we continued to make payments on her home and property. Six months after her death, the bank began refusing payment. They phys...
You should contact an attorney as soon as possible to stop the foreclosure. You also need to be appointed as the Administrator over the estate so you can handle it the property. Not sure what the reasons were for delaying being appointed for over a year, but you need to correct that and get appointed ASAP.
The PoA ended at your mother's death, so it is not valid any longer and you have to have Letters of Administration to talk to them.
You will have to redeem the property through the estate, so you need to be appointed or have someone appointed to handle it.See question