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No an attorney cannot hold personal property without a court order. There is no documented reason that any attorney should withhold personal property.
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What sell first the real or personal to settle estate debts?
The executor makes the call. They have to get the approval of the court to sell real property, so personal property is easier. Consult a probate attorney in your area for assistance.
Can you force sale on your sister without a attorney in NY state?
If you own property together and your sister doesn't want to sell then you can file a petition to partition the property in a court of equity. You can do that without an attorney if you have the legal background to draft the complaint. See the related question link below.
What happens if you dont have an attorney the day of court?
You go without an attorney.
How can I retrieve personal property of my deceased father from his last place of residence if his girlfriend is not compliant?
You will need a court order and you should apply ASAP. You should consult with an attorney.
What court oks a power of attorney?
Powers of Attorney do not need to be approved by a court. Any person can execute a Power of Attorney to appoint a personal agent. Courts appoint guardians.
What do you have to do to transfer property to the sole administratrix name?
You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.You should consult the attorney who is handling the estate. Deeds should be drafted by an attorney and a court appointed administrator must obtain a license from the court to transfer real property.
Where can you get a form for putting a utility lien on property?
You can get a form for a court lien from the court in your county. You could also get one from an attorney in order to put a lien on the property.
Do you have to go to court if your attorney is on a leave of absents?
The court sets the date of appearance. It should be communicated to the attorney. If they are not available, they should ask the court to move the hearing or court date. If the court will not, another attorney will need to be present. Even without your attorney, you should show up. The attorney may get in a lot of trouble!
Can you sell your home if it is joint names and your husband is incapacitated?
If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.
Can the executrix of an estate dissolve the estate without the consent of the beneficiaries?
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
What if person dies without a will?
The best option is to retain an attorney qualified in estate and probate law. In lieu of that contact the office of the clerk of the probate court in the city or county of residence for assistance. Not much can be done until the court appoints an executor or executrix beyond securing all property to the extent possible. No funds, personal or real property should arbitrarily be sold, transferred or allowed to be taken or given to family members. When a person dies intestate (without a will) the state probate succession laws apply.
Can a lawyer seize your car and personal property to satisfy a civil judgment in the state of Washington?
In Washington, a lawyer cannot personally seize your car and personal property to satisfy a civil judgment. Typically, a lawyer would need to obtain a court order authorizing a law enforcement officer or a constable to seize and sell your property to satisfy the judgment.
