You have plenty of rights and your siblings just broke the law! When a person leaves a Will it's for a reason and the instructions in that Will should be followed to the letter whether all or one of you disagrees with the outcome. A Will must go into Probate. Probate makes sure all personal and property taxes are paid off, mortages, loans paid off and any credit card debts, etc. What is left in the Will (called "The Estate) is what is divided amongst the heirs that the deceased has put in their Wills. ALL HEIRS have a right to receive a copy of that Will. All Heirs (siblings) have the right to enter the premises of that home and divide equally any personal items of the mothers. I suggest you go to a lawyer and tell him/her you did not receive a copy of the Will (you may not be in it) and if you are, they will take steps to make the Executrix (female) Executor (male) pay up! Also, you can contest the Will through the courts. You're siblings are in big trouble if you are in that Will. Please don't sit back and take this, but find out if you were mentioned in this Will. If you aren't, and you were a caregiver to your mother, then you can still contest the Will. You better believe your siblings will want to settle out of court because the court system can hold up the process of releasing property and money for several years and usually people that do these things to their siblings are greedy, so they want their money. Go for it! Good luck Marcy
Whomever acted as your mother's executor has almost certainly broken the law. Normally a person who dies "intestate" (without a will) would have their estate divided more or less evenly among the next of kin. You should contact an attorney for advice as to how to proceed.
Not legally. It would be interferring with the transfer of property and could result in criminal charges.
To remove deceased siblingÕs names off property is different prices. It depends on the sates that the property is located and how old the property is. In some states it may be free cause hey allow you to do in over the internet.
If the three deceased heirs aren't mentioned then the 40 percent will be distributed to the two remaining siblings and the family of the three deceased. It is likely that the three deceased siblings had a will that will ultimately determine what needs to be done with their portion.
Not nearly enough information is given. If the "estate" being referred to is the 'estate' of a deceased parent(s) the siblings have only as much authority over the estate as the will of the deceased allows them. They each inherit individually what the will gives them, and if they inherit anything jointly, they cannot do anything with their joint-inheritance without BOTH being in agreement. It sounds like the questioner needs the advice of an attorney.
No. In most jurisdictions in the US the siblings would have no standing if the decedent had children as survivors.
That all depends on the wording in the will.Generally, there are a couple of types of devise that are commonly used in wills. If the will provides that the property shall go to the siblings or to the survivor of them, the surviving sibling will take all. However, if the will says the property shall go to the siblings or the issue of a sibling who predeceased the testator then the deceased sibling's share will go to her children, if any.On the other hand, if the will is silent as to the distribution in the case of a deceased child of the testator then the deceased siblings share will pass as intestate property to the legal next of kin of the testator. In your case that will be the child of the deceased sibling.You should consult with an attorney who can review the situation and determine what the law is in your state. In most cases, an attorney should be handling the probate of the estate if there is property in the estate that was solely owned by the testator.
Christina is still alive, but her 3 siblings are deceased.
Siblings can force the sale of inherited property in Florida. All siblings must agree or the property will have to be sold and split up, as long as each of them are on the property's name and/or will.
No. Unless there are other provisions in the Will the three siblings inherit their undivided interests as tenants in common. Each has the right to the use, profits and possession of the whole property. If the property is sold each will receive one-third of the net proceeds.
When a person dies without a will then his property passes according to the state laws of intestacy. Generally, if your brother had a surviving spouse and/or children they would be first in line to inherit. If none then parents would be next. If none then his property would be shared by his siblings and/or the children of any deceased siblings. You can check your state laws at the link below.
It really depends upon the contents of a will and how the property is titled under the wording of the deed. Generally property held jointly passes directly to the other owners and is not subject to probate action. In a case such as noted, the deceased share of the property will likely be passed automatically to the surviving owners under the state's Joint Tenants With Right of Survivorship (JTWRS) laws.