My sister is the executor of my moms estate. She decided to go ahead with selling our moms house. A few days ago her lawyer filed paperwork citing irreconcilable differences. He no longer wants to work with her. My sister was working with a real e...
You will certainly need another lawyer, and I would advise that you take a good look at what has been done in the probate so far. When a lawyer withdraws from a case, it can sometimes be a red flag regarding something going on in the case.
Best of luck to you!See question
My father n law passes away a year ago but my husband got his dad truck his dad gave him the title but the sister is the beneficiary n a year later is trying to make me pay 12,000$ can she have me put in jail over this or is it a civil case its al...
Your question requires a few more details, but it would be extremely unlikely that you would be facing jail time unless this scenario was schemed all along as a theft. Even then, the police are likely to defer you or your sister-in-law to the civil courts to resolve these issues (and not criminal).
As to the ownership of the truck, you need a probate lawyer to take a look at the facts in the case. If your father-in-law gave your husband the truck before he died, then your sister-in-law mostly likely has no right to the truck.See question
I have probate court in broward and wondering if its possible to contest the ordered depo ordered by judge the other party lawyer got all mad because I left him a bad google comment and this case was already signed off on and I live out of state s...
As the other attorneys mentioned, if a judge ordered the deposition, then you will need to attend in some fashion (possibly telephonically). However, you should have your own attorney look at the notice of deposition as soon as possible. Generally, the notice is given by the opposing attorney and not the court, and there is a process available for contesting the deposition which must be done in a timely fashion. Even if it was the court that ordered it, you may have some options for objecting, but you would need to speak to a probate litigation attorney to give you advice that fits your specific situation.
Having said all of that, sometimes it's easier just to attend and get it over with. But an experienced litigation attorney should be the one to give you that direction.
Best of luck to you!See question
Probate case. No will made . 518.000 in cash was on my uncles account. For 14 next of kin. The attorney has excessive unnecessay fees. That it left us with 137.000 is this ok. Things that was in final accounting he couldnt have time to do such as ...
In agreement with Mr. Goldman, the Florida Probate Code sets the reasonable attorney's fees at approximately 3% of the estate for most estates. However, the statute itself provides many reasons why the court might allow higher fees. You can take a look for yourself at Florida Statute 733.6171. Pay careful attention to that second clause which says that any fee can be acceptable if all interested persons agree.
Without knowing any details of the case, the numbers you are throwing out seem very high. Take a good look at the statute and the invoices, and maybe even call the attorney and see if he can explain the fees.
Best of luck to you!See question
Reviewing a will and the terms call for the decedent's husband to receive outright cash and securities "to-wit" one-half of my adjusted gross estate". But the husband pre-deceased the writer of the will. In the previous paragraph, it reads "I give...
I agree with the two attorneys that have answered. In this situation, given the language you cited, it is likely not included. But you might want an attorney to take a look at it, since there may be controlling language in another part of the will that can be easily missed. Depending on the document and the drafter, the language can sometimes be dense or inconsistent.
I wish you the best!See question
My father passed away 11 years ago. My half brother told me that he left everything to my stepmother and that when she passed away we would split whatever was left. My father was an excellent provider and made quite a lot of money over the years...
The simple answer is that you would need a probate litigation attorney to handle the issues that you're presenting.
The longer answer is that you are going to have some very big hurdles to clear to ever be able to recover any assets. There are going to be substantial statute of limitations concerns along with the difficulty of proving any mental incapacity or fraud if you elect to go that route. You also can't be certain that he didn't just it all to your step-mom legitimately, at which point she can do whatever she wants with it.
The will itself is going to be public record in the county where they resided, if it was ever filed for probate. However, if they never filed the wills or if the will was destroyed, then this becomes much more difficult.
If you do decide to contact your half-brother, he may be able to give you some information or documents that clarify the matter for less than the price of an attorney, but you may not be happy with the answer.
I wish you the best in your search.See question
i am a minor and lived with my dad he passed away leaving me everything he owns can i still live,in home with my grandparents who are,my legal guardians the trustee is letting my dads girlfreind live in home i moved out so i could finish school b...
Your question could use a bit more clarification, but it sounds like you're going to need someone to take a look at that trust and see what it says, specifically. As a general rule, the trust terms are going to govern who gets to use the assets in the trust, but since you are talking about your dad's homestead (most likely) and you are a minor, then there are some special restrictions that apply. Plus, you need to make sure the property is even in the trust, since many estate plans specifically leave homestead property outside of trusts.
Since you're a minor, it might be best to let your legal guardians take the lead on this. Or, at the very least, discuss the issue with them, as they may have more information that you are not aware of.
Best of luck to you.See question
Maternal great grandfather was a World War I Army Veteran who passed away in 1974, no Will exist, unfortunately his Army records were consumed in noted 1973 Washington DC fire consuming countless Military records and files, Smith County Texas fune...
If your concern is real property here in Texas, then you could likely accomplish your goals with an affidavit of heirship. As always, it's best to have legal assistance to make sure this is done correctly, especially given the basic facts you outlined above. This is not an expensive process, but you will want to be sure it is done correctly. Best of luck!See question
The property is in my grandmother's name and she is deceased. She has two sons living.
This is a bit too involved to answer over Avvo.com. That would require links to examples and instructions on how exactly to do it. Your best bet is to find a local attorney that can ensure that it is done properly, both procedurally and in terms of getting the proper heirs and consents. You don't want to do this incorrectly and then run into much more expensive issues down the road. What you need will not take very long, so you should be able to find an attorney that can do it for a relatively low price.
However, if you are dead set on doing it yourself, you should be able to find examples if you look around around online. But again, I do not recommend that.See question
My sister and I live in Canada, we are the heirs of our mother's estate as determined by the courts, she didn't have a will. We agreed to have our step-father appointed as the independent administrator of the estate in 2011. We have not received...
There are many reasons why you can have someone removed as administrator. Unfortunately, none of those should be attempted without an attorney's assistance. Moreover, you are likely going to want to recover any estate assets that he has wrongfully taken or misapplied. Again, such efforts are best handled by an attorney competent in the area.
Having said all of that, you should know that "independent" administrators in Texas have a great deal of free reign over the estate assets. Technically, he has the power to sell any and all assets in the estate, so long as such sales are done reasonably and properly, and so long as the ultimate beneficiaries receive the proceeds of any such sale.
Lastly, there are other avenues available to you if you are merely seeking information and an accounting of your inheritance. Your step-father is obligated by Texas law to be accountable for his actions and can be held liable for any mishandling of the estate assets.
I wish you and your sister the best of luck, and I hope that you seek legal assistance before any further assets are raided inappropriately.See question