My parents died 7 years apart with wills that were never probated. What are my rights regarding their home.

First, the title on the deed controls the property and determines whether probate is necessary. Depending on how it was owned, you may only need...

My father passed in july 06, I allowed my only brother to be executor of the estate and nothing has been divided. He won't do it

If your brother was appointed by a probate court to act as fiduciary of your father's estate then you need to file an appropriate petition to get...

In regards to being the executor of an estate is this statement correct? Question is in the added details section.

If the executor has not properly administered the estate, there may be personal liability for breaching their fiduciary duty. If the individual no...

Is wife responsible for deceased husband's loan?

While she has an interest in the property, the home equity loan is a secured debt. She needed to either qualify for a mortgage in her name and pay...

Can I change the name of the person I named as my durable healthcare power of attorney?

I would not do that. The laws governing power of attorney and living wills has changed significantly in the last five years. I would call an...

Do legal documents need to be updated if only addresses and phone numbers are out of date?

Chances are that the law has changed significantly in the last ten years, and Durable Powers of Attorney and Living Wills need to be updated every...

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So i had given my Daughters grandparents Guardianship of her, She expressed on our last visit she wants to come home..

You can file a Petition to modify or terminate the Guardianship in the probate court. Depending on how old your daughter is, the Judge may take...

My brother broke his hip and needs surgery , he has down syndrome, there is no power of attorney what can we do

Call my colleague, Kevin Urbatsch, a nationally recognized expert in special needs planning whose office is in California. You will need to obtain...

What are the specific forms to complete to file a petition for guardianship of an adult with intellectual disability?

Before you file for guardianship, consider contacting an experienced special needs planning attorney. Just because an individual has intellectual...

Probate and legal action?

You may have an action for undue influence, and need to contact an attorney quickly, as well as asking for her removal as executor. The Avvo...