our father was quite well off when he remarried 10 years ago. He passed away recently. Now his wife says there is no will and the money is gone. She pawned his expensive guns, plus she is a felon. We were told she could not do this as a felon....
First, you need someone appointed as administrator or executor. You will open probate, seek to compel production of the will, if it exists, and then appoint an administrator or executor. That person can subpoena records, investigate accounts, and sue to recover accounts if appropriate. You need to hire an attorney where your father was living at the time of his death, because that is where probate must be opened.See question
Your question is somewhat unclear, but I assume you are saying is a "letter" you wrote sufficient as a power of attorney and a will. As to the power of attorney, I would say, almost certainly not. The power of attorney should be in a prescribed form that financial institutions readily accept. The Legislature has adopted a form Durable (Financial) power of attorney that should be used in most cases. As to a will, it may work, but why are you avoiding professional advice? For a letter to work, it must say it is a will, state an intent to dispose your property and to whom, and be entirely in your own handwriting. But, your family will thank you if you hire an attorney.See question
I have an Advance Directive that I signed in 2010; however, some of the information has changed. The address of my first alternate agent has changed and my second alternate's last names as well as her address has changed. Do I need a new Advance D...
It might be better to redo it, but the change in addresses does not affect the validity. The change in names would have to be proven by the agent, so it is better to update.See question
I went to court when i lived in MO and was appointed my mothers guardian as she in considered incapacitated. For the first 3 years she was actually doing well enough to live on her and I rarely had to intervene. Within the last year I have had to ...
The lawyer was half right. You need to certify the Missouri guardianship in Texas and be accepted by a Texas Court. You need a lawyer's help to do it. It is much simpler that starting guardianship from the outset, however.See question
Situation is we are living in a house who's owner may pass away soon due to cancer surgery. We are trying to determine if there is "Credit Life Insurance" covering the mortgage. In the state of Pennsylvania it is required by law to carry the policy.
The prior answers are correct. To determine if there is credit life insurance, call the mortgage company and ask if there is any in force.See question
I live in the state of Texas. My mother died last May. My older sibling is currently living in the home. He will not allow me access. My mother did not have a will.
It sounds likely that you have rights to the house, but you cannot force your way in and make yourself a cotenant with your sibling. Most likely, you need to open an estate and you may need to sue for partition of the property to force your sibling to either buy you out or to have the property soldSee question
My step son is listed in her will as executor of all here properties. He has a probate attorney already. The only things we bought and owned together are the furnishings in our home, 2 vehicles and our home. I've talked with probate attorneys for ...
I think probate representation should not be too expensive, but in these circumstances, unwinding the common assets may be difficult, especially if there is any hostility with the step-children. Do you know your community property rights? Do you know which property is yours soley as separate property? Do you know your homestead rights, in particular your right to possession of the martial homestead? If the answers are "no", you really need to pay for a consultation with an attorney.See question
I am not a professional Executor.
No, unless your talking about the executor's compensation which is treated as ordinary incomeSee question
County court 2 probate court an attempted to file/submit the notorized paper work and i was informed that i need a lawer to file the paper work with the court. Why do i need a lawer if my grandsons parents have signed and notorized and agree/wan...
Because, courts require those serving in representative capacities such as guardians to be represented by counsel. Second, what you describe makes no sense. What gives you the right to pick a guardian for your step grandson? Why is a guardianship even needed since his parents are alive?See question
If I can't afford a lawyer but feel the need to have a will created just in case, what is the best option? There are some templates online but what is a good way to have one that at least is (something), until I could get a lawyer?
If you have property, you need a will and probably can afford one. Seek a consultation and determine what a lawyer would cost before assuming you can't afford it and doing it yourself.See question