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
My father has decided that he wants to give all of his land and his home to me prior to his death. He wants to avoid being taxed heavily for it if possible and he was told that he can sell it to me for "$10 and other considerations" and that it wi...
In addition to the things previously mentioned by another attorney, the transfer could jeopardize the homestead exemption, increasing the taxes, and not save a dime in estate taxes. This is not an area to just "deed" some land without legal advice and review.See question
My father was murder by my biological son who had been adopted by family no longer legally mine .want this over .why has he not done this probate? Been through enough don't want to loose house .should I fire him
An heirship proceeding can be completed in three months in a simple matter like this -- you are sole heir. I think it is time to move on to another attorney.See question
Regarding guardianship of the person and guardianship of the estate
So you can have two guardians, to handle different tasks, if appropriate. The same person can handle both jobs, but the jobs are distinct and handled very differently with quite different court oversight. I don't know the background for your question, but the concept is a good thing.See question
My mother passed away 8 years ago, she left a will, I was told that since it was a lot of years , that the will was no longer valid, is this true?
I'm not sure if you are saying the will is old or that it is just that it has been 8 years without being probated. The other answers addressed the 8 years. In more cases than not, the four-year limitation is NOT a bar to probating the will. Do see a lawyer to discuss whether you can in your case. As to the will being "old", wills do not become legally defective over time. I have probated some wills drafted a very long time ago.See question