Probate lawsuits can be a significant financial burden for families, especially if a family member is suing over an estate. A probate attorney is a licensed legal professional who can help the family of a deceased person or the beneficiaries of an estate to settle the estate. The process usually takes a year or more and requires notifying the local court by filing a request or petition for probate. If there is a Last Will and Testament, the court may ask for it at that time or at a later date.
A probate attorney works on both financial and legal matters, but probate is a relatively hands-off process after authenticating the document. It is essential to talk to an experienced probate attorney before paying anyone to ensure the correct distribution of assets. Probate lawyers help in validating wills and ensuring the accurate distribution of assets. There are two ways to get help from a lawyer when you’re an executor: holding a reading of the will and providing a copy to heirs.
The probate process can take months or last for years in more complicated scenarios. The probate court ensures that the assets are distributed correctly. When the testator has died, the Last Will needs to go through the probate process, and the executor (and any lawyer) are involved.
A probate lawyer will help locate and inventory all of the estate’s assets, including bank accounts, real estate, investments, and personal property. They may only be involved once in your life and handle a dozen or more probate estates every year. If the executor is not informing beneficiaries about the estate or withholding certain documents, an experienced probate lawyer can help.
| Article | Description | Site |
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| After someone dies when does their lawyer call those … | This depends on the state where you live, but my understanding is that typically it goes to the nearest surviving relatives, in order of … | quora.com |
| Probate Process and Timeline | FindLaw explains the probate process, detailing will validation, executor roles, and asset distribution. Learn how a probate attorney can help you. | findlaw.com |
| Probate Lawyer: Tips for Talking to Loved Ones About … | It can also help to directly ask your family if they feel capable of carrying out such wishes. If they’re uncertain about their abilities, choose someone else … | sechlerlawfirm.com |
📹 How Probate Works When No Will
— When someone dies with assets in their name – and they left no last will and testament, there are certain probate procedures …
Should Executors Communicate With Beneficiaries?
Executors have a legal duty to communicate effectively with beneficiaries regarding estate administration. If they fail to do so, beneficiaries can take action, potentially involving a probate lawyer to compel communication. Successful administration requires regular updates from the executor, particularly in the early stages and at the conclusion of the process, as mandated by Pennsylvania law. Beneficiaries are entitled to information and should be kept aware of the probate phase, progress updates, asset allocation, and any issues that may arise.
Executors must communicate openly and responsibly, as neglecting this duty can result in legal disputes or even removal from their role. There could be multiple reasons for inadequate communication—from ignorance of their responsibilities to possible misconduct. It is essential for beneficiaries to act swiftly if communication lapses occur, and legal counsel may be necessary. Executors should also strive to initiate conversations promptly after the deceased's passing and continue ongoing communication throughout the administration, which helps prevent conflicts and fosters transparency. If you're facing challenges as a beneficiary, seeking legal advice could clarify your rights and options concerning the executor's obligations.
What Are Final Beneficiaries?
A beneficiary is someone entitled to benefit from a trust, typically through receiving capital or income. Among the various types of beneficiaries, a discretionary beneficiary can only receive benefits at the trustee's discretion, while a final beneficiary is the last to benefit once the trust concludes. The final beneficiary receives remaining assets after all prior beneficiaries have taken their share, typically outlined in legal documents like a will or a trust agreement. This designation is significant, as the final beneficiary has the ultimate claim to the trust's assets after the interests of previous beneficiaries are satisfied.
In the context of estates, the final distribution process officially communicates how a deceased individual's property has been allocated among beneficiaries. It involves the transfer of probated assets, concluding with a final payment after settling expenses. Essential legal instruments include a last will and testament, which outlines final wishes regarding asset division. The final beneficiary often takes control once the life estate or any prior beneficiary's rights expire.
Overall, understanding the roles and rights of beneficiaries, particularly final beneficiaries, is crucial for estate planning and ensuring that assets are distributed according to the original owner's intentions. Clear documentation and proper assembly of legal papers help streamline this process, providing clarity to heirs and beneficiaries about their entitlements following a trust or estate settlement.
Why Should You Ask A Probate Attorney?
Understanding the probate process is crucial for settling an estate efficiently. Consulting an estate attorney can illuminate the legal requirements, assess the estate's complexity, and highlight alternatives to probate. Before hiring a probate lawyer, consider your first meeting as an interview and prepare a list of questions. While not always necessary, a probate attorney plays a significant role in guiding you through the process after losing a loved one. Key topics to explore include the transfer of assets outside probate, reasons for hiring an attorney, and essential questions to ask, such as their experience, fees, and communication style.
Probate can be intricate, particularly for those unfamiliar with it; thus, understanding the process step-by-step is vital. A probate attorney aids executors by locating and valuing assets, preparing court documents, and ensuring deadlines are met. It's important to determine if legal representation is required by state or local laws and assess outstanding debts against estate assets. This guide serves to help you decide the necessity of an attorney, ensuring a smoother navigation through probate court while alleviating stress for executors and family members during this challenging time.
Should You Hire A Probate Lawyer?
When faced with managing an estate, the typical advice for executors is to "hire a lawyer," specifically a probate attorney. A probate lawyer guides estates through the probate court process, although some executors may handle estates independently if there are no unusual assets or complexities involved. However, hiring a probate lawyer can be beneficial, as they can simplify the potentially intricate probate process. The decision to hire an attorney depends on the specifics of each case and what assets are included in the probate.
Probate is a legal procedure that formalizes the transfer of assets from deceased individuals. Executors are often the ones to decide whether to engage a probate attorney. Many attorneys offer free consultations to assess the need for legal assistance. Particularly when a deceased person has no will, known as dying intestate, having a lawyer can be invaluable.
It's crucial to carefully consider whether to hire a probate attorney. The benefits include expediting the process, preventing family disputes, and better navigating legal claims. While not every executor requires a lawyer, having one can provide essential support and ensure the deceased's wishes and beneficiaries' interests are respected. Engaging a probate attorney can alleviate stress and facilitate smoother estate administration after a loved one's passing.
Should A Probate Lawyer Talk To All Heirs?
When hiring a probate lawyer, it's important to understand their role and the implications of their billing structure. If the lawyer charges by the hour, extensive communication with multiple heirs could increase costs for the estate. Meanwhile, a flat fee arrangement may discourage the lawyer from spending additional time conversing with others involved. The probate attorney's primary client is the personal representative, and while they hold ethical duties towards other heirs, these do not extend to advising them or communicating directly.
Before appointing an executor, a petition for probate must be filed, notifying all individuals named in the will, as well as the decedent's heirs. Executors have fiduciary duties to act in the best interests of the heirs and must keep them informed about decisions regarding the estate. If beneficiaries find that the executor is uncommunicative or neglect their rights, they may need to consult a probate litigation attorney. It is vital for anyone involved in probate, whether an heir or executor, to grasp the lawyer's role and to ask pertinent questions during the initial consultations.
This preparation can lead to better decisions and outcomes throughout the probate process. In situations where estate representation is unclear, such as disagreements over appointment priorities, or if the executor fails to provide timely estate details, legal advice is necessary. A probate specialist can be invaluable, particularly for large or complex estates, ensuring that the process is handled efficiently and with professional guidance.
What To Do If The Executor Is Ignoring You?
If an executor is unresponsive, beneficiaries can take action to address the situation, as this behavior violates their fiduciary duties. Hiring a qualified attorney can help facilitate communication and address any concerns. Beneficiaries can request their estate litigation attorney to contact the executor directly; if this fails, a court order can be sought to compel the executor's response or even lead to their removal. It is crucial for executors to understand that they have a responsibility to the beneficiaries, and ignoring them can result in legal consequences.
If beneficiaries feel that the executor is not properly administering the estate or withholding information, they should act quickly to protect their rights. Steps include sending a demand letter or filing a motion for removal. The probate process must commence with the will filed in court, followed by a mandated waiting period for beneficiaries to be notified. If communication remains absent, beneficiaries might consider involving the probate court or seeking legal advice.
In scenarios where an executor is neglectful, beneficiaries have the right to demand an accounting of the executor's actions. Prompt action is essential; waiting could diminish potential recovery for lost interests. Ultimately, legal guidance may prove vital for resolving conflicts with an unresponsive executor.
How Do You Deal With An Uncooperative Beneficiary?
California executors can override beneficiary wishes in alignment with the decedent's will or court orders, so consulting a probate attorney beforehand is advisable. In managing an estate, I faced challenges with a demanding beneficiary. Uncooperative beneficiaries can disrupt the probate process and often require legal intervention. Seeking help from a probate litigation attorney can facilitate settlements when conflicts arise. Communication is vital; keeping beneficiaries informed helps manage their expectations.
Naming beneficiaries on financial accounts can also limit their direct involvement in the administration process. It’s essential to address their concerns while maintaining legal obligations. If disputes occur, mediation is a recommended alternative to litigation. Executors should understand their duties and consider applying to the court for resolution under part 64 of the Civil Procedure Rules if cooperation doesn’t improve.
Identifying strategies for handling uncooperative heirs includes being open and honest while navigating family dynamics. Consulting a contentious probate solicitor may be necessary if disputes escalate. Expert advice can aid in addressing missing or difficult beneficiaries effectively.
Does A Family Member Have To Go Through Probate?
When a family member passes away, the need for probate depends on whether they had a will, trust, or solely owned assets. If there is a will, the estate goes through probate court to validate the will and ensure the legal transfer of assets. If there is no will, the estate is considered intestate and still requires probate. However, if a trust is established, the estate may avoid probate altogether.
To determine if probate is necessary, first consider how assets are owned. For instance, if the deceased owned property or vehicles solely in their name, these assets typically go through probate. However, not all assets require probate; joint ownership, beneficiary designations, and living trusts can allow some assets to bypass the process. Smaller estates may also be exempt from probate requirements; state laws dictate these provisions.
It's a common misconception that all wills must go through probate. In reality, many can avoid it based on various factors. If the estate has no significant assets, probate may not be necessary. Overall, while the probate process is a way to manage a decedent's affairs and transfer assets legally, it is only required in specific cases, depending on asset ownership and state law.
How Does Money Get Distributed From An Estate?
The inheritance distribution process commences with submitting the will to probate. Following a review by the probate court, an executor is appointed to facilitate the legal transfer of assets after debts and taxes are settled. The executor must first compile a complete inventory of the deceased's assets, with estate planning documents aiding in identifying valuable properties, including real estate. Certain assets may have unique distribution rules under state law.
Money cannot be distributed until the probate court grants permission, prompting the executor to inform heirs by letter. Asset distribution occurs only after settling bills and making an inventory, with some states requiring a year of support for survivors. Estate administration legally settles a deceased person's affairs, including their debts and asset distribution, and addresses additional issues like custody of minor children. Executors must follow probate procedures carefully, ensuring equitable asset distribution post-debt resolution.
The estate planning process ultimately dictates how assets are allocated to beneficiaries, which includes understanding distribution terms like "per stirpes" and "per capita." Importantly, debts and taxes take precedence over distributions, preventing premature fund allocation to heirs. Once all obligations are fulfilled, remaining assets can be distributed among beneficiaries as specified in the will or trust. Therefore, probate serves as a necessary process for managing and distributing an estate’s assets.
📹 Your Parent Just Died And You’re An Heir: Now What?
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I was administrator for my Mom’s estate and even with a will, it took 2 years to settle due to infighting in the family. Probate is horrible and takes forever. I would not do it again as I was working full time and working on estate business when I was not at my job. Now, I know more and thanks for the info as I didn’t know what I was getting into. Finished it though and right to the penny, it was correct. Thanks again for all your help.
Was a live-in caregiver for a dear friend who passed this last Tuesday, Valentine’s Day. Intestate. Her 2 grandkids and their friends swarmed like locusts, started removing her valuables before her poor body was removed. They’re not even her legal heirs, as she has a living son who I was unable to contact immediately as the last cell phone number isn’t in service. The next day they brought a truck and hauled off her antique furniture and heirloom china. Tried to tell them they needed to back off, but they acted as if they were the authorities, and even had the temerity to give me a verbal 90 days notice. Her lovely home looked like it’d been hit by a cyclone. They even took the metal bins where we kept our garden tools. Part of my grieving process has been trying to make some order out of chaos. Needed to vent.
I’m going through this right now. Non US citizen US based Estate Sole Kin No Lawyer (can’t afford) Am Court approved Administrator Still at beginning stages of Probate. It has and is an interesting learning curve, massive bumps in the road for procedural approvals due to not being a citizen of the US (left with feeling that Gov does not want to make it easy to apply for things as a foreign citizen, as example EIN number required to create an Estate account… for a US citizen can do online and immediately get one, within time it takes to fill out form. Even at its fastest will be minimum 2-4 weeks to get for me) One of the things that has bothered me through all of this is the business of and cost of Death. It’s pitiful. One of the reasons I took this on was to close the book properly on the life of an 84 year old disabled vet that for his full life has given to his country by way of taxes etc and was poor. The last thing wanted was the Gov to get their last things in life. The eye opener for all of this is imagine if the inherited was poor in this situation. They would never be able to afford the cost of Death ie the cost of Probate, costs of filings when in probate, costs of lawyers, costs of assessors for assets, costs of death certs. Costs of approval paperwork, costs of funeral etc etc etc Its like the system wants the gov to get what is left, like beating a dead horse with a stick
THE Mrs. says: Funerals and burial plots are so expensive, I maintain that when someone dies with so many loose strings that a Cremation should be the way to get that out of the way and get on with the business of closing out an Estate, the cheaper you can legally get that Estate closed the more money there will be left over for the heirs to help them get their lives going again.
I’m a volunteer here in Canada who does tax returns for lower income clients. From time to time I get a client whose spouse has died. The final return can be prepared and filed no problem. The problem arises when the refund cheque arrives made out to the estate of the deceased. Some banks will not cash it as there is invariably no will. The advice I have received from both a lawyer and a retired Canada revenue agency employee is to advise the spouse to deposit it in a bank machine as long as it accepts envelope free deposits. Unless someone contests this it will invariably go through. Perhaps not legal but usually the refund is less than the cost to have a lawyer prepare the documents to have the court appoint an administrator.
Very helpful information. Thank you. My grandfather passed away in 2016 and did not leave a will for his 5 children. My father – my grandfather’s son, passed away years ago so I was next in heir to be included in this process. Because my grandfather owned several properties throughout San Francisco that he rented out and some were vacant we had to go through probate. The properties sold rather quickly and distribution was released within 2 years. We appointed my uncle as the executor of the estate and he communicated directly with the estate attorney and he handled everything accordingly. I’ve had to work so hard for everything I have and never imagined that I’d be apart of an inheritance worth millions of dollars.
Can anyone tell me what to do? My son died last year and he had a mortgage payment that I’ve been paying and my son owned nothing. I just got a certified letter from a bank that repossessed his truck 9 years ago and 9 years ago it sold at auction but they still needed $1.600.00. They are threatening me to make me pay it but there is no estate and I’m on SS and it was 9years ago so what should I do? I’ve not answered them in any way. I’m in Tennessee. I don’t own anything either except a 2004 car.
My husband died intestate in January. Life insurance policies, car, camper stocks etc. What a total mess. As a widow I am overwhelmed with the amount of work that is involved. Nothing just goes to the legal wife. I have to fight for absolutely everything. My husband was 44 and we have two small kids I have to take care of. It’s sad how legally married spouses are treated in death in Ontario Canada. My husband ensured me that I was beneficiary on everything but he lied to me…meanwhile I am the one who encouraged him to get life insurance and RRSPs. It’s so infuriating.
A man in another state died 60 years ago, leaving a wife and 4 kids, 3 of them minors. There was no will. I was 8 years old, one of those kids, and I remember going with my mother to see the probate judge, a bald, pleasant man. We went more than once. When I was in my 30’s, and had moved away, my mother asked me to sign a paper relinquishing my portion of my father’s estate (a small house on 2 acres). The paper had to be notarized. I had always thought the property had become totally hers. But she said a small percentage of it also legally belonged to me and my 3 siblings, that’s how the probate situation had worked out. She wanted to pay lower property taxes which the state allowed for senior citizens, but she couldn’t do it if younger people were co-owners. This was the first I ever heard of it! She said all 4 of us had to sign an agreement. I am suspicious because of a lot of shenanigans my family has been involved in, including my now-dead mother, and I am wondering if anyone has heard of this—and why my mother did not just become the sole owner of the property after my father’s death and after going through probate. Anyone have any ideas? I should add that the executor of my mother’s will, 30 years after my father’s death, was our oldest sibling who lived in the same state as our mother. 25 years later, I heard a rumor that she had bought the house after Mom’s death and never told me. I have reason to believe it’s true.
Me and my siblings are going through this in Nevada. My mom died last year. We have kept her payments up so far and we want to keep the home for our family. Do you know how that should go ? We keep getting different stories from lawyers and we need to know what to do. We have chosen 2 family members to be the administrator. We were told it will cost several thousand to go before the judge.
Lawyers, the State, and judges are all in the same cruise liner and we’re all in the lifeboat hoping we can make it to shore! This was a very good description of the process and this was only if there aren’t any complications with the finances, debts, investments, real estate, and or family/partnership contentions. Watch out for the lawyers!
I’m going through this now. My father died October 15th my sister moved in to help take care of him 4 months before he died he has no will nothing. What happens next they’ve signed car titles of mine and sold stuff they’ve used my insurance they’re sneakies slimy people I need to know what I need to do to protect myself
Need more help. No parents, mom died without a will (intestate probate) – Want to know how long probate court takes? I am coming from Israel. So stressed. My brother doesn’t have a passport to come with me so I have to set up payment plans for the bills but at least no mortgage/ liens/ or property taxes of this year. Does it matter if the death certificate is in a different language or do I need the English version? Thanks
What if your corrupt family never filed with probate? My uncle/God father died way back in May. My aunt is lying, saying she can’t find his will. My uncle did not die suddenly and worked in accounting and finance and was very successful in life. There is no way he didn’t have a will drawn up with an attorney! Is there a time frame that one must start the process after one dies? It’s like she is intentionally delaying distributing assets and property.
Thanks for a wonderful article website. It has been such a wonderful reference to get advice. Can I do a beneficiary of deed online to keep my house out of probate (even though my child gets all my assets), or do I need to have my attorney do it? I live in Colorado. Do I need to do separate beneficiary of deeds for each property I own even if property is in another state?
Thank you so much your information is very useful. My boys father who is my ex-husband passed ways early this year and had no Will and have a house. We been making mortgage payments and I paid for his funeral and utility bills are up to date and transfer to the boyz only the house is not. And was wondering on what to do lucky I stumble on your page
My father passed and me and my sister are his direct descendants. He didnt leave a will but i am living in his mortgage home and taking over the mortgage. Bank accounts are taken care of and closed. The only probate asset is the home and my sister is moving out and he just refinanced and started over last year. Is there a rush to probate? And through probate can creditors come after the home? Can my sister sign her half of the home over to me since im payin the mortgage and starting over?
My brother died without a will and his wife and us siblings are the heirs since he didn’t have any children. His wife filed the petition for probate and is yet to be named the administrator of the estate. The only thing is, all of us siblings live in Europe. Do we gave to show up at the court or is she going to be named the administrator regardless? We really can’t travel to the US right now and we are not really at the best terms with that woman. We just want the whole process to be done and for the estate to be distributed fairly. I assume the court pleadings can be handled via mail?
Paul thanks for the great info. I am in Florida and as you stated all states are slightly different. Got a question as this is something I am going through for one of my elderly neighbors. He died in a car crash as a someone walking. I convinced him to see an attorney. Attorney wrote up the will but the man died before signing it hence not valid. The real mess came as the attorney he used said no will, no children, no spouse (ex or deceased – never married) no known relatives. The attorney was able to get me named curator to my neighbor’s estate as he, the dead man, appointed me as his medical advocate (perhaps wrong word – explained doctor would consult me if the neighbor was in a medically questionable set of circumstances) so the judge would know the deceased man trusted me with his most valuable asset – his very life. 7 months later I am waiting for the judge to authorize payment to the funeral home so he can be removed from the freezer and laid to rest. Any input on your part? No I am not related, just a neighbor.
Still trying to settle my fathers estate. No will and my brothers acted like everything was fine. And my old we st brother went to a lawyer to have me removed as administrator without my knowledge. I did every step of the estate so far and he is co admin and refused to deal with the estate. 19 months later im still waiting for them. And his lawyer officially stated he will not speak to me. So he acts as though he has no idea whats going on because i dont speak to him. I swore that lawyers had ethic they were required to follow. But this has been a nightmare
What happens if the person doesn’t have a will and doesn’t have any children and wants to leave everything to a friend that’s been taking care of them? My father’s friend doesn’t have a will and she recently voiced that she wants him to have her house and assets after she leaves. He doesn’t know how to proceed with her because he stated that her memory isn’t what it used to be and he doesn’t want to take advantage of her if she’s not in her right mind. He said that he’s the only person she trusts because she has no family, but he doesn’t want to run into a situation where someone from deep in her family pops up out of nowhere trying to claim what she gave to him. This is all very confusing.
I am thoroughly discussed with the legal system with the it has to be the original will not a copy, usually the person holding the original will is the person that dies. My mother preceded my step father in death my step father just passed in Florida and my step brother has acces to the property as he lives there says there is no will. He probably destroyed it. Now I will have to come up with 10,000 dollars to hire a lawyer that I can’t afford to get the copy admitted into probate I have affidavit from the notary that signed the original will. WTF, this is set up to make lawyers money and screw over the public. Now I’m not gonna recieve my mother’s inherentance.
My sister passed back in 1983 & she didn’t leave a will but left an insurance for her children which they received payments when they turned 18yrs old, about 16 years ago I spoke with them about an account that I found in her name that’s with the NY Comptrollers Office and they were not interested in looking into so I left it alone until last year and I decided to look into it again and was told that in order to see what’s in that account I have to be named Administrator and I tried this but the court is asking where they are and I do not know, we lost touch 16 years ago and the guy she married I haven’t seen since she passed in 1983, what can I do?
Mom and dad own a house as joint tenancy in CA. Dad passed away a few years before mom passed away. Dad’s name was not remove from the title when mom was still alive. No will. Does the probate need to be done twice- one for mom and another for dad? Can you pls explain the probate process in this particular scenario? I read that you can probate a decedent’s property ONLY if it is solely under their name-in my case mom. Thanks.
My dad had no will and I am finding out 8 years later that my grandfather had left him the house in another state, dad left me his life insurance and told me in his last days that most likely his dad had willed him the home but could het ahold of step grandmother who was also dying at the same time as my dad. I did an unclaimed search this month and yes parcel I’d numbers for property popped up. Not sure of next step
My friend died with no kin listed. I was the medical poa. I signed for his cremation etc. He told me all affairs were handled but morning we found him, he’d left keys to bank security box on the table. I was shocked. I Have to go through probate to get into it. A woman has come out claiming to be his daughter. He took a dna test and she’d refused to take it. As far as I know, it’s very questionable if she is kin but he may be on her birth certificate. Will that be enough for her to inherit what he had? He’d already donated all he had. I can’t imagine much is left for her to fight for. He’d cut all ties with her when she refused the test, two years before he died.
This is so weird because my dad just died without a wheel no planning and his nickname is Ike. 🤦🏾♂️ And everything you described about Ike in your story is exactly how my Dad’s life was. The only difference is that my two siblings don’t want no parts of the estate. They just going to take their ira inheritance and leave it at that. And my dad’s house is not paid off. So I’m going to pay that off in Full. But we haven’t had the funeral yet. That I’m also going to pay that. I am also paying off his car. And the home bills, because im moving into the house. Everything is straightforward and it seems unnecessary to do all this extra stuff. Because ultimately is just me
My friend’s complicated husband died without a will and numerous assets in Arizona and property in Oklahoma, needing to hire an attorney there to do something, too. He even had $700 in rewards on his credit card and the wife couldn’t get it, due to first wife’s claim for grandchildren, who will get half, eventually.
Quick question: If my mom (a widow, no will) passed away and I am her only child (I am administrator of estate), and she only had life insurance (beneficiary me), annuity with beneficiary upon death (me), and a house (which is also my current residence & has been for my whole life), do I still need to open an estate account during probate? I ask because I’m not seeking to sell the house or anything – just seeking to switch the deed to my name & the life insurance proceeds already came straight to me. So what other funds would the estate account even be used for since the home is not being sold?
I’m in similar situation. My question s is one of the siblings has been apart from the family for more than 20 years, do they still have rights to anything, will the court try to get in touch with them? Will the process be delayed because of it? Should I just hire a lawyer to do all this paperwork and let them take care of it?
the owner of the house died owing the roommate/in home care giver money stating his estate would pay her. she’s put all her hours together to prove her time worked for him. The guy always requested ihss service which would have paid her, but she found out he never mailed them into the ihss office .Would she be able to put a lien on the house, which she still lives in ? and she’s been there for 14 years taking care of his wife and him, they both passed away years apart . what steps does she have to do to stay in the home ?
I know I’m late, but I have a question. I’m in the state of Florida, so I know there’s some differences. Nonetheless, you were very informative, so I’m going for it. I’m wondering if no one was appointed authority over the remaining assets of the deceased, and there are two siblings, how would the check be issued, once the estate sale has been completed? 2 wks shy of 1 year, to be exact. Would one sibling receive the entire amount, and then have to divide it with the sibling or, would both siblings be issued a separate check? Like was the case with the IRA fund. That was divided equally, and issued separately. My brain says the latter, but I’m being told something else, by a sibling. Any input is helpful.
My uncle who was like a father to me passed away three years ago…however, his wife is still living. I remember them asking me for my Social Security many years ago stating that I would be in their will. I recently went to go visit my uncle’s wife I believe I am not in the will anymore because it seems as though her brother has taken over and everything will be left to him! I have always been in my uncle’s life! I have never met any of her family except for her brother 2 times within 45 years. I just don’t know how to go about knowing and I did not ask her if I was in the will… I just would never ask that question to anyone! I was very close to my uncle and I had to kiss his wife’s ass to be close to him because she is a very jealous and controlling woman! Keep in mind that I would always go visit them and speak with them at least once a week. Thank you so much it’s hard for me to articulate what I’m feeling.
My mom died without a will but owned her home 100% no mortgage. Its my brother and I now, out sister passwd away as well. My brother hired a local lawyer but hasnt told me who it is or anything really. He has got the deed to moms home and shes the only one on the deed. I consulted a lawyer for advice and my brother got so angry and its been hell since. Im actually worrried now about my brothers intentions and what he plans to do. Can he steal my moms home? Worries me he wont tell me anything or ive had nothing to sign. My brothers lawyer wont talk with me. Its weird.