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IF HOME TITLE IS MR. AND MRS. AS HUSBAND AND WIFE AS JOINT TENANTS. CAN SOMEONE FORCE PROBATE FOR DECEDENTS HALF?
James's answer
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Answered on June 15, 2015
No. Probate will not be necessary to transfer title to the home. Joint tenancy property will transfer to surviving joint tenant at death of...
Archived
My mother died and my sister and my mothers husband has taken everthing the house he. in was built by my great grandfather
James's answer
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Answered on June 15, 2015
Mother's estate must be probated. Probate required whether there was a will or not.
You may file petition to probate estate. Sooner the better,...
Archived
My father's will has bequeathed his house to me, his daughter. May I sell or must I petition the court for a form to do so???
James's answer
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Answered on June 15, 2015
You must first probate father's will. When you complete probate, you may transfer property to yourself.
Correct. Based on facts cited, you will...
Vacate A Deed and/or Durable Power Of Attorney?
James's answer
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Answered on June 15, 2015
Yes. Judge can declare invalid a deed and DPOA.
Notarization does not preclude judge ruling on validity.
Archived
How can I get money from a closed bank account?
James's answer
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Answered on June 15, 2015
Yes. May be possible to obtain bank funds by opening Succession matter. Bank may have turned over funds to state. May be necessary to list state...
Archived
Do I need to file in probate court to get a title of a car that is in my husband's name and mother in laws name.
James's answer
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Answered on June 15, 2015
Maybe. If other assets, may be to you advantage to open probate. Probate may be necessary.
If estate sufficiently small, may be to you advantage...
Archived
How many successions are needed to correct an inheritance of some land?
James's answer
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Answered on June 15, 2015
If transfer to nephew was product of fraud, undue influence, or it can be proven that GM was not aware of legal significance, it can be set...
Archived
I life estate just willed to sister being lost for back taxes. What can deed holder due? My brother and I are listed on deed.
James's answer
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Answered on June 15, 2015
Pay the back taxes. This will protect you from tax forfeiture.
Archived
My mother left me a house in her will. She has since passed away. How do I remove her name as owner?
James's answer
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Answered on June 15, 2015
You may file necessary Notice of Death of Joint Tenant to transfer title to yourself as surviving joint tenant.
Consult probate counsel for...
Can my uncle kick my cousin out of the house without notice ?
James's answer
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Answered on June 15, 2015
No. Uncle may not unilaterally evict nephew without notive and prosecuting UD action.