Can a family member legally take another family member who have Alzheimer's Disease (diagnosed by a doctor) to a place of business and have that person sign a financial contract. Now the financial companies are asking the Alzheimer's patient for r...
Although an Alzheimer's diagnosis does not immediately mean there is incompetency, it is a cause for grave concern. The family member AND the financial company may have committed elder abuse, in which case, you may need to consider getting a guardian for your family member to protect them and their money.See question
I have property to sell and my daughter is on the title as co-trustee but she is unwilling to talk to or work with me in any way, only wants to know when i die
It is possible to amend the trust or sue to remove her because of "hostility" to you and/or breach of fiduciary duty. You will need to consult with an attorney, have them review the trust, and consider all facts and expenses before making a decision.See question
From what I understand only the appointed person that the tenant names on the contract or the certified executer can remove the estate from the property. I don't want to be sued down the line by an angry family member that had nothing to do with t...
So, the Tenant died, and before you realized it, his family executed a "pickup probate", i.e. they showed up with a pickup and took what they wanted. That isn't your fault. At this point, secure YOUR property, change the locks, and bar any further access unless presented with appropriate court documents. To get your property back on the market, you might need to explore with a probate attorney what you can do to clean out the house and protect the remaining property of the Decedent.See question
I don't want to have to pay for a new Trust and Will to be drawn up if it is legal for me to make the few changes myself.
Sure. And when you feel a sharp pain in your chest, grab a knife and jab away until the pain stops. Both DIY operations will be equally effective.See question
I live in NY. For the past 5 years my daughter has had legal guardianship of her autistic brother and they live in TX. I have asked her to yield guardianship now that she has two small children of her own and my son is turning 18 which will end ...
You apparently don't want to be guardian but oppose your daughter continuing to be guardian. It sounds like you have an uphill battle, especially because you fail to identify a probable guardian. You can contest the guardianship even though you are a resident of NY and don't want to be guardian, but you have to have a plan to propose to the Court and you must cover your own legal expenses, up front. It may be relatively expensive.See question
No will was left by my father. His sister signed his name forge his name. He always intended the house to go to his kids. Even after becoming a adult always suspicious. I saw original documents not his signature. Sister passed away no will now her...
As for heirship, you probably need a court declaration of heirship. You need to consult with a probate attorney on how that can be proven since persons that knew your father have passed. It is possible. As to the alleged forgery, you do not state what is forged. Challenging that document may be subject to statutes of limitations. Bring the documents to an attorney to review and discuss how it might be possible to avoid the limitations. It might not be possible.See question
Step-fathers son is taking us to probate. Is the cash still considered part of the estate even thought it was sold over a year ago while he was still alive and well. My mom and the son are the only beneficiaries.
If the assets were in the name of step-father, you had no legal authority to sell them; thus, the cash you received is owed to the Estate. You and your Mom can be sold for conversion for taking and selling assets without authority.See question
Do not understand the laws
If you are talking about your will, you can deposit it with the Clerk but most people just store it at a safe place at home. If you are talking about a decedent's will, the will must be "probated" to be effective -- I'm guessing that is what you mean by "register." You need a probate attorney. It is not a complex legal procedure, but a lawyer is required. You will file for probate in the County where the decedent resided at time of death.See question
Trying to see if the will is legal or not ?
The will is probably valid if witnessed by two persons, regardless of the notary issue. The will must be probated to have any legal effect, so you will need a probate lawyer in the County where the decedent resided at the time of deathSee question
So recently I found out that my mother inherited property in Dallas, TX from my grandfather, who passed away. Having worked as a Title Examiner in the past, I decided to do a title search. Come to find out, my great grandmother left the property, ...
I think it unlikely a title company would accept an affidavit of heirship in this situation. What is needed is a formal declaration of heirship, a probate proceeding. You probably need an administrator/executor appointed for your grandfather's estate and then that person seeks an heirship determination for grandmother's estate and appoints an administrator with ability to sell the property. Public notice is insufficient, and bottom line, an affidavit of heirship only has the legal force that the title company chooses to give it. When, as here, there are many persons and some deceased, and affidavit of heirship is usually rejected.See question