My uncle died without a will he has two children by his deceased wife, there is also a live-in girlfriend currently occupying my grandmother's house my question is , is my mother the legal owner of the home being that he didn't have a will?
I don't practice in NC, but without a Will or your mother's name already on the title, the traditional manner of determining heirs (per stirpes) would work against your mother and instead favor his children. If a probate was never done of your grandmother's estate and the title was still in her name then the house would likely go half to your mother and one-quarter each to your uncle's children.See question
I won the lottery and will it affect my husband ssi disability
It depends upon how much you won. (For me a $10 ticket is a big deal.) If your winnings are significant then it could push your husband over the combined asset limit and disqualify him from SSI. If he is on SSDI then you should be OK.See question
My father passed a year ago, I hired a lawyer but the lawyer did nothing even cause his house to go into forclosure. Now all he has is a savings account and a couple of life insurance that are in my mother and brother's name which both are also de...
When you say you hired an attorney to do the probate and that nothing was done, that is a significant statement. Are you sure you hired the attorney? Was there a fee agreement signed? Was a retainer paid? If these statements are supported by evidence you might have a claim against the attorney. Whether you have an interest in the life insurance and savings accounts depends upon how title was held and whether your brother had any children of his own or a spouse. With the bad experience you have already had with attorneys, I'm sure your not going to like what I have to say, but you need to visit with an attorney in private and have them review your documents.See question
I am very sure that my mother, trustee for my grandparents estate, Stole my brothers and my inherance
You need to provide much more information for us to even begin to address your question.See question
My 86 yr old mother lives in NC and was preparing to buy a house 3 yrs ago with my 90 yr old father so my sister and her partner could live with them and take care of my father. During the mortgage process, my father died. My mother could not qual...
As an elder law attorney who regularly deals with issues of clients' testamentary capacity I can tell you that your mother's attorney is wrong. 86 is not old. I wonder how that attorney will view the issue of age as he progresses in years? The issue is whether your mother knows the natural objects of her bounty (who her kids are), has a good idea about what she owns, and realizes that the document she is signing will dictate how her estate will be divided when she passes (it is a Will). Have your mother go to another attorney who has experience dealing with age and capacity issues.See question
My sister is currently serving 2 years in Plane Jail in TX. She was convicted of POSS CONT SUBS PG1 4-200G HEROIN &BURG BLDG got 2 years on each but they will run concurrently. I have guardianship of her 3 kids and live in Iowa. She is from Iowa a...
This question was posted under guardianship. It needs to be under criminal defense in order to get before the type of attorneys who can best answer your question. I have made the changes for you.See question
So I have fatal disease. Probably 3 to 5 years to maybe a decade if I am as lucky as Steve Jobs or Justice Ginsburg. My 79-year old mother has a $500K home in a trust, and six kids to inherit. Can I sell my share of mother's trust now? What if she...
In order to sell your interest in the trust, you must actually have a vested interest. The most common type of trust is a living or revocable trust. Because your mother could change the distribution pattern or consume all of the principal before she dies, you have no interest to sell. If the trust is irrevocable, then maybe you have a right to sell, but usually there is a spendthrift provision that prevents you or a creditor from anticipating a distribution.See question
On April 5 2017 My stepmom passed away leaving Luis Marro in charge of her will. She stated in the will that myself my sister and my brother were to get rings. Mine was her wedding set worth $8,000 My sister was a ring my father bought her worth $...
Was the Will ever delivered to the court and probated? Was Mr. Marro appointed as the executor by the court. Much depends upon the answers to these questions. I don't practice in WV, but generally there are processes whereby the executor can force the girl friend at the time to return the rings (if she still has them). If he fails to undertake those steps, the court can force him or replace him (which is one reason probate is important). If the Will has not been probated then there are processes whereby you can force it to be done. Otherwise you are basically dealing with a theft and probably a felony at that. You need to hire a probate attorney in West Virginia to get things done. Use the AVVO Find a Lawyer search tool to locate one.See question
My mother took her brother and his son- in- law to witness signing of her trust/will 12 years ago. She lived in Florida, and went to a document notary preparatory facility (Licensed in Florida), "We The People". She died, and the two witnesses a...
If this is important to you, hire an attorney in the jurisdiction where the contest is being heard. Use the AVVO Find a Lawyer search tool to locate a probate attorney who does litigation.See question
have a living trust
The Will is only going to address probate assets. Assets that are in trust are not considered probate assets. If everything is in the trust then there is generally little need of lodging the Will, but what are you going to do if something later turns up that is outside the trust? If you think there is a possibility that might happen, then lodge the Will. You don't have to probate it unless there is a surprise.See question