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What else can I help you with?
How do I protect my father's inheritance if he is not legally responsible?
You need to petition the court to be appointed your father's legal guardian. You should consult with an attorney who specializes in estate planning, elder law and probate law in your state.
How can you petition for a legal name change in Mecklenburg County NC?
You will need a name change petition which is available online and submit to your local county court clerk's office
Can a minor in Tennessee change legal name?
No, the parents must be the ones authorizing the name change petition and following the steps to complete. Although the name change petition may have to be authorized by the minor as well, the minor may not fulfill the steps without the parent(s) or legal guardian.
Can you see your parents will after their death?
Yes, you can. In the United States, a will must be admitted to court for probate of the estate shortly after the death of the testator (person who signed the will). Any heir at law, taker under the will or creditor of the estate can file a legal action to compel the presentation of the will to court. There may be a few areas left where the lawyer or law firm that drew up the will, and has kept the original, will hold an old-fashioned "reading of the will" with all interested parties present, but it has become infrequent. Lawyers and law firms charge a lot more than they used to.
Is it necessary to hire an attorney for probate proceedings in Florida when a person has died with no will and the parents are the only heirs?
Yes it is necessary to see an attorney because the deceased has not left a Will. All debts of the deceased must be paid off and that is why there is "Probate." This includes property taxes, personal taxes, charge cards, etc. If the deceased had no property or nothing to leave behind then everything becomes null and void. The parents would not be responsible for those debts unless they cosigned for a loan. You may want to consult an attorney, but if the son died without owning real estate or major assets with a title (like a motor vehicle), and no children of his own, the lawyer will probably tell you not to worry about probating the estate. Interesting that a Canadian feels comfortable answering a legal question about Florida, and that this site allows it.
What do you do if someone is not filing deceases will with probate and just giving all his things to whoever he wants?
Petition the court to open an estate in probate. That makes sure all of the legal requirements are met and taxes paid.
In the state of Missouri do all heirs of an estate need to be notified when a will is entered into probate?
All of the heirs must be informed and either sign off on the petition to enter into probate or they filer must show they have served legal notice of the probate process.
How do you petition for appointment of a legal administrator?
It varies from state to state. Generally, you must be an interested party and file a petition for appointment with the probate court. The forms can be obtained at the local probate court office. Clerks will provide technical assistance in filing the necessary documents. If the estate is complicated and contains real estate then you should seek the help of an attorney.
How do you legally go about getting land that belonged to your late father and now taken over by your cousins?
File a petition in Probate Court to probate his estate. That would transfer legal title to the land to you. Seek help from an attorney.
Can a guardian of a deceased developmentally disabled adult act as legal representative for the idividual's estate?
The power of a guardian is extinguished upon the death of the ward. The person would need to petition the probate court to be appointed the Administrator of the estate.
How does a sibling of the deceased obtain power of attorney?
You cannot acquire a Power of Attorney for a person who has died. If there is property that must be transferred, and no will, you must petition the probate court to be appointed the Administrator of your deceased sibling's estate.
Is it illegal for a benificiary of an estate i UK to sell their share before probate has been granted?
Technically the beneficiary doesn't have a legal interest to sell without the courts probate order. There are some organizations that will loan money against an expected estate. And making false claims about ownership is fraud.
How do I protect my father's inheritance if he is not legally responsible?
You need to petition the court to be appointed your father's legal guardian. You should consult with an attorney who specializes in estate planning, elder law and probate law in your state.
What can you do if heirs can not be found to sign off on warranty deed?
That is a serious legal situation. A decedent's estate that has real property must be probated in order for title to the real estate to pass to the heirs legally. If there are heirs that cannot be located the administrator or executor of the estate can petition the court for a license to sell the real estate. It can then be sold during the probate proceeding. You need to consult with the attorney who is handling the estate or hire an attorney to handle the estate if a probate has not been filed.
How do i claim my cousin's estate?
To claim your cousin's estate, you will need to determine if they left a will. If there is a will, you may need to file a petition for probate in the appropriate court. If there is no will, you may need to go through the intestate succession process in accordance with the laws of your state. It is recommended to seek the assistance of a probate attorney to help guide you through the legal process.
Is withholding a persons will after death legal in the state of Arizona?
No it is not legal to withhold a will. It is a crime to interfere with the probate of an estate.
How do you apply for Letters Testamentary?
To apply for Letters Testamentary, you typically need to file a petition with the probate court in the county where the deceased person lived. The court will review the petition and appoint you as the executor of the estate, granting you Letters Testamentary, which give you the legal authority to act on behalf of the estate. It is recommended to consult with an attorney for guidance through this process.
