l need help becoming executor of estate .my girlfriend passed away 2 weeks ago on the day she usually pays me her half of the rent. are there any lawyers preferably in largo florida in pinellas county who can help me become executor of her estate...
You need to contact an attorney practicing in the county where your girlfriend lived. If she had a Will then that may need to be probated, but the attorney can answer that question based upon Florida law.See question
Father died naming me executor of his will and property. His will explicitly explains where and who all his belongings, property, and money goes to and how it is to be divided. His property and all belonging's are in Illinois. All monetary value o...
It appears that your father was a resident of Illinois based upon the location of his assets. With that assumption, you should contact an attorney practicing in the probate area in the county where your father was living at his death. Each state's probate laws differ somewhat, but generally, and assuming Illinois law will be the same as Texas law on the issue, you will need to probate his will because there is real property involved which means that when you are ready to sell the real property a title company will require proof of how the title passed from your father to the person he designates to receive it in his will.See question
Ours is a case involving real property. If judge has a close relationship and is a first cousin to their witness, should he have recused himself? The witness is not listed as a party in the lawsuit (although he initiated it), but he filed an af...
The recusal of a judge is a matter a judge must consider if raised by a party and even if not raised by a party, should raise himself if he has reason to believe there could be the appearance of favoritism because of his relationship with a party and sometimes a witness. If the witness is a key witness and the trial will be before the court (i.e. without a jury), the likelihood of recusal would be greater than if a jury trial, but since the judge will rule on objections relating to that witnesses, he should be informed of the witness and the issue addressed.
In your situation it appears the judge did raise the possibility of recusal for another reason, but not the reason you now address.
You do not indicate if you have an attorney. If not, retain one and seek his opinion. If you do have one ask him about your concerns, but remember that there may be reasons an attorney will want to keep a judge on the case that otherwise might be able to be recused.See question
A general downturn in Oil and Gas business at Halliburton has triggered layoff. I believe I was victim of "prejudiced house cleaning"since my leadership initiatives have been curbed with innuendos as "XXX people are excellent at heads down tasks s...
In the employment area you should seek the assistance of an experienced employment attorney as this can be a very detailed area of law. Questions you need to be prepared to answer include: whether you have a written employment contract; and does the company have an employee manual that sets forth how such matters are to be handled.See question
My grandfather passed and he had lawsuits that was still open. He had it set up that it goes to his children. But if the parent is deceased, it goes to the children. He have a account that the money supposed to been going too. My aunt is supposed ...
First, my condolences on the passing of your grandfather. In order to determine what inheritance you may receive, more information will be needed by you. Did your grandfather have a will or did he just tell everyone how he wanted his estate to pass?
If he had a will, it controls who gets what and the person in charge (usually called the independent executor) is required to comply with the terms of the will after all legal debts are paid.
If he did not have a will, then a judgment in a determination of heirship proceeding will control who gets what. The person in charge of that proceeding is called either the dependent administrator or independent administrator, depending of facts of the case, but that person's job is the same as the independent executor.
You should consider hiring an attorney in assisting you in this matter.
I am a co-defendant named in a lawsuit and have been served with a summons and complaint that is set in the wrong court, how do I file a motion for change of venue? I do not live in the area that the incident occurred in, was not physically invol...
Assuming this is a Texas state court you are in, you will need to file a Motion to Transfer Venue.
If you wold like to read about the details of it, look in Texas Rules of Civil Procedure Rules 86-89.
This motion must be filed first before any other filing (other than a special appearance which only applies if you are not a resident of Texas).
This is a highly technical area I strongly recommend you retain an attorney to assist you.See question
My dad died without a will but has property and bank accounts. Do I need to become executor of his estate to handle and finalize all of his affairs?
If there is real estate in his estate, you will be best served by hiring a lawyer to file an Application for Determination of Heirship coupled with a request for appointment as Independent Administrator.
if there is a Will and it designates a person to serve as the personal representative of the estate, that person is called and Independent Executor. If there is no Will your choice is limited to appointment as Independent Administrator which for all practical purposes accomplishes the same thing as the Will appointment of an Independent Executor. The alternative is appointment of a Dependent Administrator which you don't want to do unless you have no choice because the heirs at law can not agree upon a person to be Independent Administrator.
If there is no real property then depending on the size of the bank accounts (and assuming they do not provide for transfer on death to a specific person), you may be able to file a Small Estates Affidavit.
With limited exception most courts will require you to have an attorney under either proceeding, because pro se representation is not allowed since you are not technically representing yourself, but the estate. Pro se means representing oneself.See question
My parents are elderly and do not have wills. I am an only child and all their investments name me beneficiary so I know I can access them with a death certificate. The only asset in question is their home valued at about 250,000. They are relu...
Your parents need a Will whether or not they choose to also go to the expense of a living trust.
Living trusts have their place in estate planning but as a practical matter, setting up a living trust and administering it can be more costly than preparing a simple Will and having it probated, plus you run the risk of all of their property not being properly transferred to the trust.
The failure to transfer all property into the trust, later receiving property from someone else via an inheritance, or having retained mineral interests in land once owned by your parents become active is not as uncommon as you might think. When that happens probating the Will is required to sell the property since title companies are not known to give a clear title policy absent a clear chain of title being shown of record.
If there is no Will, the heirs have to hire a lawyer to pursue a more expensive probate proceeding called a Determination of Heirship (which is probably what your friend had to do).
Since you are the person who will have to deal with this when your parents are gone, I suggest you encourage them to make a Will, if for no other reason, take the burden off of you in dealing with proving title to your inheritance.See question
I have made application through my attorney, with the courts to have my husbands Will probated, and I am awaiting my court date. My attorney says after the will is probated, I have only 2 wks. to return to the courts my husbands total"inventory...
Yes, you can obtain an extension; however the period of time is 90 days, not 14 days. Even then, you can obtain an extension if necessary. Also, if you locate additional assets of signifcant value after filing, you can amend; however, if you are the sole beneficiary and/or if all beneficiaries agree, you can file an Affidavit in Lieu of Inventory & Appraisement, although you still need to prepare the Inventory & Appraisement as the Affidavit indicates that you have done so. Please discuss further with your attorney as I sense there may have been some confusioni arising in your discussion with your attorney.See question
My father passed away and had no will. He had a jeep in his possession as stated in the divorce decree. The title to the jeep is in his ex wife's name and wasn't changed after the divorce. It was being stored at my grandmothers house and my grandm...
My condolences on the passing of your father. Since he had no will, the laws of intestate succession will control who receives his property which may be you if you are the only child he had and he did not remarry after the divorce you mention. Since the decree of divorce apparently provided for the Jeep title to be transferred to your father which did not occur, I recommend that you retain an attorney with experience in both divorce and probate to assist you as you will need both areas of law addressed.See question