If no surviving spouse then the statutes dictate that the next in line to inherit are the children of the deceased. So in this case, regardless of...

How can we get rid of our brother who is not commencing his duties as executor and never will?

My colleague is right. You need to consult an attorney. There may be more going on than just a failure to act. If he's using your mother's money...

Can a beneficiary on a "Transfer on Death Designation" POD document refuse the "gift" and grant it to the secondary beneficiary

Yes, she can refuse/disclaim the transfer on death of the property. A proper disclaimer would need to be recorded with the county recorder's...

Can I reopen a probate case that was finalized after discovering new assets in my mother's name w/out using the original atty.

You do not have to use the same attorney. The applicant to reopen the estate has the right to choose their legal counsel. You are always entitled...

My stepfather just passed. Can the executor make changes to the will as to how assets are distributed?

No, an executor, or anyone other than the testator (your step-father in this case), cannot make changes to a will ever. An executor must follow...

How does a surviving spouse transfer a jointly titled mobile home title?

Mobile homes can be tricky. From your question I am assuming that the title is akin to a vehicle title in this case. Some mobile homes, depending...

Will a Life Estate with my daughter on my condo (that is paid off) keep a nursing home from taking my condo after 5 years??

In short it can, however, by retaining a life estate you could cause other problems for eligibility for long term care provided by Medicaid. A...

Can kids of one of co-owner put the house in probate if other co-owner is alive and living in the house. They have a warranty de

Whether the deed is a "warranty deed" is not the pertinent question. What matter is whether the deed lists your mother as a tenant in common or...

Should I submit copy of pourover will contained in the living trust arrangement to the probate court, I’m the successor trustee

Based upon what you've stated I agree with Attorney McClenaghan. It does not appear that you have any probate assets and therefore no need to...

Attorney Huddleston has given you good advice. You should not delay if you are concerned about this property. I recommend seeking counsel as soon...