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Have you checked with a lawyer and the probate judge? How does the will read? Are there other heirs? Normally there is no is no limit concerning the rules. You can have a real estate agent in the business of determining the price of a house set the value. You can buy out the other heirs and keep the house. How you and the other heirs settle the estate is up to you. The probate judge will demand you pay any taxes due.
What else can I help you with?
How can you see the Will of your deceased father- in - law?
If the estate has been filed for probate you can go to the probate court and read the will. Once a will is filed for probate it becomes a public record. You can even get a copy to keep for your records.
Do you need to probate your father's estate if he left a living trust before he died?
Probate is typically not needed for assets held in a living trust because they pass directly to the beneficiaries named in the trust. However, any assets that were not properly placed in the trust before your father's death may still need to go through probate. It's important to review the trust document and consult with an attorney to ensure all assets are properly accounted for.
What rights do you have as the only child of your father who was remarried and had no will but is deceased now?
You need to consult with an attorney who specializes in probate in your jurisdiction who can review your situation and explain your options. It may depend on how the real estate was titled. If the property was in your father's name then you may be entitled to a share. His estate must be probated. If there is no will that can be found then an administrator must be appointed by the court. You need legal advice from a professional who knows all the facts, can check on the title of the real estate and can apply the laws in your state.
My sister is suing me for half of the house i live in. my father passed away without leaving a will. when he died my sister agreed for me to put house in my name.i did. does she have any right?
If your father died intestate then his property passed to his next of kin according to the laws of intestacy in the state where he lived. If you and your sister were his only next of kin then you each would inherit a half interest in his property both real and personal. However, in order for title to real estate to pass to the heirs his estate must be probated. If you were the court appointed administrator of your father's estate you would need a license from the court to make any changes in the ownership of the real estate. If you obtained a license from the court to transfer the property to your name and your sister assented to that license then it's too late for her to change her mind. However, if the estate was not probated and you had no authority and license to transfer title then all your sister needs to do is petition the court to be appointed administrator of the estate. Any actions you took regarding the transfer of title would be null and void due to your lack of authority. When a person dies and there is real property or solely owned accounts in the estate an attorney who specializes in probate law should be consulted to initiate a probate proceeding. The average person has no background in probate law and errors made by a non-professional can be costly down the road.
Your step father contacted you saying his father died and his children were named in his will to receive the interest from some land his father owned You are 36 and he how do you find out what is mine?
Your step father's father died and you think you are entitled to something? Did your step father adopt you? If he didn't adopt you, there is probably no entitlement, unless you were specifically named in the will. The executor of the estate, who may be your step father, will have to show the courts that he distributed the estate as the will specified. If you are in the will, you are entitled to be able to read it. If you are not in the will, and were not adopted, they don't have to share it with you.
Can you be made executor to fathers will after he is dead?
You can apply to be appointed executor of your father's estate. The court will issue a letter of authority. You will be required to distribute the estate according to the intestacy laws of the state.
You are a minor are you responsible for your deceased fathers debt?
Your father's estate is responsible for his debts. If he owned any assets when he died his estate must be probated. You should speak with an attorney.
If my father died 12 years ago and had no will and I was named the executor the estate was settled then how long can someone contest?
If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.If there is no will then there is no executor. An executor is appointed by the court to carry out the provisions of a will. You could not have been a named executor if there was no will.If you were the court appointed administrator of the estate there would have been a time period during which any objections to your appointment could be made. That period varies by state but is usually no more than 18 months. An administrator is appointed by the court when the decedent died intestate or without a will. In some jurisdictions that person is referred to as the estate representative.If your father's estate was not probated through a probate court procedure and he owned any property, especially real property, at the time of his death then his estate must be probated in order for title to his property to pass legally. From the language you used in your question it may be the estate was never probated and you had no authority to "settle the estate". If that is the case then you should consult with an attorney who specializes in probate law who can review your situation and explain your options and responsibilities.
Your brother is the Executor of our father's estate The law firm where his wife is a paralegal is handling the estate is this a conflict of interest?
No, as Executor it is your brothers responsibility to settle your fathers taxes, funeral expenses and taxes. He then needs to divide up the remains of the estate as set out in your father's will. If he needs help from a law firm to do this then the law firm will need to be paid (out of the estate) before the heirs inherit. As executor your brother can use any law firm he chooses to help him but as an heir it would be you right to ask to see your father will and the estate's accounts when you get paid out (assuming you are named as a heir in the will).
Father passed away and mother never opened estate Now mother is gone who is responsible for opening the estate of the father Will states everything is left to wife.?
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
Father passed away and mother never opened estate Now mother is gone who is responsible for opening the estate of the father Will states everything is left to wife?
Each estate must be separately administered. Fathers creditors will need to be paid from father's estate, necessary tax forms will be filed. Father's estate will need to be distributed according to the father's will, i.e., the residual to the surviving spouse. The estate of the spouse is then probated by the administrator of the wife's estate, as required by the wife's creditors and heirs.
Can you see your fathers will?
If your father is still living and chooses not to show it to you, no, you can't. After his death, when the will is probated, yes, you may see and read the probated will. After death and before probate, it is in the discretion of the executor whether you are shown it or not. Generally the executor will do this if you are a beneficiary in the will. If the will has not been probated and the executor will not disclose its contents, you can get a court order for him to produce it and present it for probate.
You are a daughter and have a power of attorney to sell your parents property when your father suddenly dies?
Your POA expired upon your father's death. His estate must be probated in order for you to have the legal authority to sell the real estate.
If your father passed away 12 years ago and your brother the Executor never let you know what was going on nor gave you copies of the will because you have a mental disorder what can you do?
If your father owned any real property his estate must be probated. You can contact or visit the probate court where he lived to see if the estate was probated. If it was you can request the file and review it at the courthouse. Perhaps you could bring a trusted friend with you. Review the documents by date to determine what was so far with the estate. You can make copies of any documents in the file. However, if his estate was probated you should have been given notice. If your father did own real property when he died and his estate hasn't been probated you may have inherited an interest. Your brother can't sell or mortgage the property until the estate is probated. If you find there is no probate filed you should ask the court if there is an advocate you can speak with who can review your situation. Some courts in Massachusetts have free lawyer days once a month.
My father died without a will and I inherited his property. His estate was not probated. Do I have legal title?
The property is still in your father's estate and his estate must be probated. You are not the legal owner.In order for title to real property to pass to the heirs-at-law in an intestate estate (no Will) or under the terms of a Will, the estate must be probated. Title is passed to the heirs by the probate process. You cannot "title" the property in your name until the estate has been probated. You cannot sell or mortgage the property until the estate has been probated. Until you probate the estate you only have what is called equitable title.You should consult with an attorney who specializes in probate who can review your situation and explain your options.
What if your grandfather leaves instructions in his will that a house is to be left to your father then you- and your father sells the house?
Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.Your grandfather's estate must be probated. The will should be reviewed by an attorney who specializes in probate law. Your father's sale of the house may be invalid.
Does have right to there father estate?
The imidiate family has the right to their fathers estate.
