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My father's only asset was his home. Do we still need probate? Can I pay the inheritance tax without aid of an attorney?
Ben's answer
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Answered on April 17, 2019
You first need to review the deed to the real estate. If your father was the sole owner of the property, then his estate will probably have to be...
Archived
Who is responsible to pay house bank mortgage if husband dies and wife not included in the Title and No WILL?
Ben's answer
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Answered on April 11, 2019
If you and your spouse owned the house as joint tenants with right of survivorship, then you are now the sole owner of the property by operation of...
Archived
What should I do if the bank steals money from a trust?
Ben's answer
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Answered on April 10, 2019
It's not possible to respond to your concern without information not provided in you description. Contact an experienced probate or estate...
Archived
Again, I'm asking you to tell me how to get a list of Dad's household furnishings and personal effects into court records?????
Ben's answer
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Answered on April 09, 2019
Talk to an experienced probate lawyer in the state where your father's estate is being administered. You can file a motion or application to...
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Archived
How to transfer house to heirs...
Ben's answer
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Answered on April 08, 2019
It depends on the title to each property. If he was the sole owner of both when he died, his estate will have to be probated in order to pass the...
What is the legal name for the lady bird deed in the state of Nevada?
Ben's answer
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Answered on April 04, 2019
You're probably talking about a Transfer on Death Deed. Consult a New Mexico estate planning or real estate lawyer for specifics on whether this...
Archived
When does the timer for ownership start (regarding the sale of an inherited home) for a cost basis step up?
Ben's answer
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Answered on March 01, 2019
Your stepped-up cost basis is the fair market value of the property on the date of your mother's death. It doesn't matter when the deed was...
Archived
Mother-n-law dies and holds 1% of family home
Ben's answer
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Answered on February 28, 2019
You need to take the deed and any other relevant documents and visit with an experienced probate lawyer. It sounds like you may have to probate...
Why was joint tenancy change to tenants in common with a quit claim deed?
Ben's answer
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Answered on February 27, 2019
The answer to your question involves a very technical aspect of property law. The short (non-technical) version is that when one joint tenant...
Archived
Four names on a deed two have passed away who gets the property?
Ben's answer
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Answered on February 24, 2019
The answer depends on the language of the deed. If the four of you were granted title as Joint Tenants with right of survivorship, then you and...
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