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If your parents signed a power of attorney to your brother and willed their property equally to eight children, the transfer of 8 acres to another brother could complicate matters. Generally, the will's provisions regarding the distribution of property would need to be honored, but the legality of the transfer would depend on whether it was done properly and with your parents' consent. If the 8 acres were intended to be part of the estate for equitable distribution, this could lead to disputes among siblings. Consulting with a legal professional would be advisable to clarify the implications and ensure fair handling of the estate.
What else can I help you with?
Your brother is selling cattle that is supposed to be divided between the three of us children since the death of your father The estate is in probate what can you do?
You should complain to the executor, the attorney who is handling the estate and the court since your brother is selling property that doesn't belong to him. You should do so ASAP. You should also inform the buyer that the brother is not the owner of the cattle.
The mother of your kids died and she left the kids to her brother can you get your kids?
The biological parent is always favored unless there are very good reasons to the contrary. You should consult with an attorney. Children are not property and a person cannot "leave" their children by a will. The court does not have to follow a request made in a will as to guardianship. The biological parent can request custody.
What is the spousal rights to property that was quit claim deeded to a relative before death?
If a husband conveyed his individually owned property to his brother before he died, his widow has no rights in that property unless she lives in a community property state. In that case she should consult with an attorney.
How can you get your deceased brother property deed in your name?
First. You must have inherited the property and your brother's estate must be probated in order for title to pass to you. Then, you can ask the attorney who handled the estate to draft a deed according to the rules in your state. Then you must record that deed in the land records.
That attorney is my brother testified the accountant But the attorney testified he didn't have a brother Who is lying?
Neither , the accountant is his sister
That attorney is my brother testified the accountant But the attorney testified he didnt have a brother Who is lying?
Neither -- the accountant was his sister
If a brother's name is on the deed before he is married does his wife inherit the property if he dies or persons on the quit claim deed?
Your question seems to imply there is another person on the deed with your brother. What happens to the property upon his death depends on how the property is held. If the deed granted the property as joint tenants with the right of survivorship the title automatically passes to the surviving joint tenant. If the property was acquired as tenants in common and the brother died intestate then his interest would pass to his next of kin and his wife would likely inherit his half interest in the property. You may need to seek the advice of an attorney who specializes in probate in your area. You can check the laws of intestacy at the related question link below.
Can a brother be named as attorney-in-fact under a Power of Attorney for his married sister?
Yes. A Power of Attorney gives an attorney-in-fact the authority to act in place of the principal to perform tasks such as banking, bill paying, writing checks, managing real property, etc. A person has the right to name an attorney-in-fact of their own choosing. A Power of Attorney is granted voluntarily by the principal and the principal must have the legal capacity to execute the POA.
Can the Power of Attorney assign himself and his brother to be the executor of their mother's estate?
No they cannot. There is a prohibition against making a will for another person, even if they have given you power of attorney. They can request to be appointed executors once the mother has passed away.
Can you put a lien on property owned by your brother and you?
You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.You should consult with an attorney. If you won a judgment lien against your brother and you own property together you may be able to record a lien against his interest in the property. In that case, if he should find a buyer willing to purchase his interest in the property, his interest would be subject to the lien and it would have to be paid before he could transfer his interest.However, remember that if you mend your differences and try to sell or mortgage the property, the lien must be released before the transaction can be completed.
If brother has no will when he passes what happens?
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.
If you leave everything to your married son and married daughter and the son dies will his wife inherit his half of your estate?
When drafting your will you have the opportunity to provide explicit instructions for the distribution of your property. If you have two children and you devise your property to them in equal shares you may direct that if one predeceases you then her share will go to her brother. If there are grandchildren you may direct that if your son predeceases you then his share shall pass to his children. If your son has no children but is married you may direct that his share shall pass to his wife. If you don't explain your wishes in your will then statutory provisions may decide who gets what if your beneficiaries predecease you. A probate attorney has the expertise to translate your desires into a properly drafted will. You should seek the advice of a probate attorney in your area.
