My mother passed away she was married with 3 children . The man she married is not our biological father. He took everything does he has the right to do that . another thing is that we don't no if they were legally married
Whether or not they were actually married is very critical. If they were married, he has a myriad of rights that he would not have if they were not married.
As to insurance, you need to ascertain whether your mother designated a beneficiary. If not, then it depends on plan rules, but most likely the estate would collect proceeds. Social security does not pass to children.
As to any other assets, did your mother have a will? If so, that will govern. If not,then state law decided who gets what. If there is a surviving spouse, it's half to spouse and half to children.
I suggest you ascertain and gather as much information you can and then contact a probate attorney to sit down and determine what your rights are and to determine the best course of action.See question
My grandmother died a little over a year ago. My Aunt handled everything and no one else in the family got anything from my grandmother either monetarily or items. Based upon some things my Aunt is doing now with my Grandfathers trust, I can see t...
You can contact the clerk of the circuit court in the county where your grandmother lived to see if a will has been filed. If so, you can obtain a copy, and that may lead to additional information.
Unlike wills, trusts are not filed publicly. You might want to have an attorney send her a letter inquiring into any trust and demanding a copy of any trust instrument. If the response is unsatisfactory, then you'd have to decide whether to proceed with court proceedings to compel information.See question
A friend is dying and wants to leave me his assets condo, car, money, etc. I've known him for 30 years and have been his care taker for the past year. I don't know how to proceed. He may not be alive for long. He has an older sister who doesn't...
Proceed with caution. HE needs to procure a lawyer to help him create an estate plan.
If you are his unrelated caregiver and his will gives you over $20,000, then the will is going to be presumptively void if someone challenges it. This is based on a new statute enacted in 2015 in Illinois. I wrote an article about it: http://www.illinoisestateplan.com/wp-content/uploads/2015/01/IBJ-Article-Official-Reprint.pdf
That doesn't mean that he can't or shouldn't do it, but it does mean that he should proceed with care and work with an estate planning attorney that understands this issue.See question
My mother recently passed away and I need to sell her car. I have the title and also power of attorney. What would I need to do to sell the car and sign over the title?
I agree with Mr. Moens. POA no longer applies. Depending on other assets and liabilities, you will either need a small estate affidavit or to initiate a probate estate. If there is a will, the will should be filed with the court and the terms would control distribution, after considering any estate liabilities.See question
My sister passed away without a will in Cook County, Illinois. She was never married, no children. What do I need to do to get appointed administrator of her estate? All she had is her house, a car and the contents of the house. I know her bill...
First step would be to contact and meet with a probate attorney. The attorney can help you collect the information that is needed to file a Petition for Letters of Administration. Once the court approves the petition and appoints you as administrator, you can then proceed to collect and liquidate assets, settle debts and then distribute the balance to your sister's heirs.See question
Mother passed away four years ago and her husband did not file her Will now he has passed away
The statute tells individuals in possession to file within 30 days of death. But the reality is if you find yourself in possession of a decedent's will, you should file it with the clerk's office regardless of how long it has been. Whether any further steps are necessary or advisable depends on the circumstances. Best to discuss with a probate attorney if unsure.See question
Deceased thought that signature on the self serving affidavit needed to be witnessed by 2 other witnesses with notary.
To determine whether the will might be able to be validated, a probate attorney would need to see the full picture. It's not clear from your question whether the will was properly witnessed and attested as it must be. A self-proving affidavit is one way to prove a will, but it's not the only way.
The interested party here should contact a probate attorney to analyze the situation and determine the proper course of action.See question
My daughter is 16 and her father is now a homicide victim in las Vegas Nevada. He married this woman 1 year to the day of his death in las Vegas. She had taken life insurance policy out on him a month or more prior to this. She took his wallet and...
Help her contact a probate attorney in the county where he last resided. If he resided in Last Vegas then his estate would need to be administered there. Most states have some version of a "slayer statute" that says that someone who causes another person's death cannot inherit from the victim's estate. This needs to be established by a court. A criminal charge may or may not need to precede. Again, be sure to provide all the facts to a knowledgeable probate attorney in the county/state where your daughter's father resided.See question
was awarded a settlement in 2000. money was put into a trust. recently I lost my home and job also our car. trust is not to be released until 8/2017 i really need some help my son is currently living with a friend due to homelessness. pls tell me ...
Every trust has a trustee. Contact the trustee and describe the situation. Realize that the trustee is bound by the written terms of the trust agreement. If what you are asking is not authorized by the trust, then the trustee will have to decline. If it is your son's trust account, then the trust likely can only be used for his benefit rather than yours. Again, step one is to contact the trustee.See question
My brothers took my fathers will that was signed back in 2010 to file in court shortly after my father died. They had disowned my father back in 2013 and my father re-did his will to take them out in 2015. My sisters and I have the new will with...
If you filed the 2015 original will and it was properly executed and witnessed, then you would need to file a petition to that have that will admitted to probate. In that case, then it should be admitted over the prior will without having to file a will contest attacking the prior will.
Based on the responses you have received from attorneys so far, I suspect there may be some missing or inaccurate facts within your question.See question