52 posts tagged with probate.
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Erasing myself from the narrative

I need a divorce from what's left of my family. I just can't figure out how to do it. The ending is the part I always thought would be easiest, but it turns out to be worse than the waiting part was. [more inside]
posted by kythuen on Sep 21, 2016 - 22 answers

Need a great Probate/ Estate lawyer in Manhattan or Bronx ?

Hopefully a not super expensive one, who is trustworthy? Thanks in advance for your help!
posted by TenaciousB on Oct 20, 2015 - 3 answers

Contesting a will

My mother recently died. I acted as her live-in carer, to varying degrees, over the last 11 years (mainly the last few years). Do I have a reasonable case upon which to contest the will's equal apportionment of the estate? [more inside]
posted by anonymous on Sep 16, 2015 - 24 answers

SO wants to Probate his dad's will on his own, how hard is it?

His dad passed away suddenly 2 weeks ago, it's been an extremely difficult time and he and his sisters just want to get through his financial things and move on. They feel uneasy about paying such high fees for a lawyer to probate it and are looking into doing it themselves, is this a smart move? [more inside]
posted by bluehermit on Jul 23, 2015 - 16 answers

Ashes - Splitting After Cremation

Ashes taken against both the letter and spirit of the dead's wishes. [more inside]
posted by Talez on Dec 27, 2013 - 10 answers

What is a resident agent's role in probate?

Someone I know has been asked to serve as a resident agent, in an estate probate case where the estate's administrator does not live in the state where the probate is venued. What could possibly go wrong? [more inside]
posted by maniabug on Sep 18, 2013 - 7 answers

What to do with a will where there are no assets or liabilities (MD)

The decedent was a resident of Maryland and died in Maryland. All of his assets were held jointly with his wife, or else named her as sole beneficiary, and therefore pass by operation of law. He had no real estate, no car, and no personal property of any significant value. He had no liabilities (no credit card balances, mortgages, medical bills). He left a will, naming his wife as sole legatee. I see that filing a will with the Maryland Register of Wills is required. What's the downside to not doing so? [more inside]
posted by Jasper Fnorde on Jun 25, 2013 - 8 answers

Check for a long-closed probate

How do we cash a check for a dead relative whose probate we closed several years ago? [more inside]
posted by ackptui on Jun 22, 2013 - 8 answers

Can loan security be conditional on bankruptcy or death?

Is it possible to write a loan contract which effectively secures the debt against the borrower's property only in the event of bankruptcy or death of the borrower? I.e., as long as the borrower is in control of his financial affairs the lender has no right to the secured assets even if the borrower defaults, but if the borrower dies or goes bankrupt the security kicks in, so that the debt has priority for any third-party trustees managing the estate? [more inside]
posted by Estragon on May 17, 2013 - 4 answers

looking for recommendations for attorneys to create trusts in NH

Pretty much what it says - I'm looking for recommendations for a southern NH attorney to help create a trust for a relative.
posted by canine epigram on Mar 1, 2013 - 1 answer

Two will problem

A family member died. There exist two wills, one of which probably revokes the other - each was written in a separate jurisdiction (England, and Ireland). The solicitor of the later will is unwilling to release it to us. What are our next steps? [more inside]
posted by plonkee on Nov 7, 2012 - 7 answers

Do we lawyer up?

Do we need a lawyer to deal with a small probate estate case in Illinois? [more inside]
posted by anonymous on May 24, 2012 - 3 answers

Do we have to use an attorney specified in a will?

Do my sister and I have to use the lawyer specified in my dad's will to handle his estate? More inside... [more inside]
posted by anonymous on Feb 13, 2012 - 8 answers

Will contest in Normam, OK

My friend wants to contest his mother's will. Recommendations to a good estate/wills/probate lawyer in the Norman, OK area? [more inside]
posted by parrot_person on Jan 25, 2012 - 5 answers

Medical bill debt, death and probate

News and debt filter: Can somebody tell me why it was necessary to have a fundraiser to pay US medical bills for a deceased person? In the USA, if you die with debts greater than the total sum of your assets, your estate is generally liquidated in probate, right? Medical debt collectors can't go after your family for debts they didn't incur... [more inside]
posted by thewalrus on Jan 23, 2012 - 11 answers

Where there's a will is there a way?

Looking for assistance with Probate process in MA (Middlesex county). Do I need a lawyer for a simple estate with a will? I am the executor. [more inside]
posted by Gungho on Dec 6, 2011 - 5 answers

"We're giving it all to them, but don't worry, they have your best interests at heart!"

My aged parents are planning to cash in all their stocks and put them into an account in my two brothers' names to reduce the amount of money payable in fees to the government upon their demise. They have told me, more or less, not to worry, and not to doubt the good intentions of my siblings. How to respond to this? [more inside]
posted by anonymous on Nov 10, 2011 - 30 answers

Lawyer now or later?

Uncle has passed - when do we lawyer up? [more inside]
posted by shino-boy on Aug 20, 2011 - 7 answers

Death finances

URGENT!!! If two people have their name on a bank account and one of them dies, is it acceptable for the other person to continue writing cheques from that account? [more inside]
posted by wutangclan on Aug 6, 2011 - 24 answers

New York State Law: Why would a self-proving affidavit be rejected by the probate court, and what can be done about it?

My father passed away in February, and left a very simple will - a 50/50 split between my sister and myself. His estate is very small, so we are trying to keep legal fees down as much as possible. The will and supporting documentation have been submitted to the NY probate court. One of the probate clerks is objecting to an irregularity in the self proving affidavit that's holding up the whole process. (The will itself seems to be sound.) Somehow this affidavit was screwed up by the notary. [more inside]
posted by ljshapiro on Jul 5, 2011 - 9 answers

Living Trust vs Will

Living trust versus a will for a married couple with minor children and moderate assets? [more inside]
posted by John Frum on Jun 21, 2011 - 4 answers

OK to sign Receipt of Beneficiary before disbursement of funds?

Is it normal to be asked to sign a Receipt of Beneficiary (and Consent to Discharge, and more) without receiving funds first? [more inside]
posted by cps on May 20, 2011 - 2 answers

Is there a trick to probate I'm not seeing?

My mother died, and now I need to know what to do about wills and probate and so forth. [more inside]
posted by flabdablet on Apr 17, 2011 - 10 answers

Probate probate, who's got the probate?

Probate mysteries? [more inside]
posted by silsurf on Feb 21, 2011 - 5 answers

Can my dad deny his share of an inheritance and give it to me?

Need advice on a legal matter. Not sure what type of lawyer I need. What type of lawyer handles this and do you have any recommendations? [more inside]
posted by Pleadthefifth on Jan 26, 2011 - 10 answers

How does probate work when a consumable or quickly depreciating asset is involved?

A relative of my husband's recently passed away, leaving him a car, among other things, in her will. The property is in the possession of a difficult and controlling aunt. What is this process like? [more inside]
posted by anonymous on Nov 19, 2010 - 8 answers

Can the mortgage company file a claim or lien against my mom's assets upon her death?

Can the mortgage company file a claim or lien against my mom's assets upon her death? [more inside]
posted by Swede78 on Oct 19, 2010 - 14 answers

Co-representatives in probate: good or bad?

Probate question: co-representatives or not? [more inside]
posted by Gusaroo on Sep 7, 2010 - 7 answers

The court says I can but the credit union says I can't

How best approach an uncooperative credit union to retrieve the items from my deceased mother's safe-deposit box? [more inside]
posted by tangram1 on Jul 27, 2010 - 9 answers

How can I save my deceased mother's car?

My mom passed away, how can I keep her vehicle which still has a balance on the loan? [more inside]
posted by anonymous on Mar 10, 2010 - 6 answers

How to readjust the fractional ownership of a house?

I am in a situation where % ownership of a house needs to be changed as a result of big life changes. We would like to do this without doing an actual sale among ourselves, but with the goal of selling the house and dividing the proceeds as we see fair, without paying big taxes. You are not my accountant, but maybe you can tell me at least what kind of an accountant I need? [more inside]
posted by blindcarboncopy on Feb 28, 2010 - 7 answers

Nothing is certain but death, taxes, and heartless corporations

How can we get into the apartment where my mother-in-law lived? My mother-in-law, Phyllis, was found dead of a heart attack in her apartment a week ago today. We live across town. There is no known will. We do not have a key to the apartment, nor does anyone else except the apartment management. We would like to enter the apartment to see if there's a will and to start going through her belongings. The manager says she can't let us in because the "management corporation" won't let her. We've tried calling the people above her, but they won't return our calls. We hired a lawyer. He has stressed the urgency of the situation to the apartment management, but they don't seem to be in a hurry to resolve this. What can we do? [more inside]
posted by lukemeister on Feb 4, 2010 - 33 answers

Is the possession 9/10 enough?

After buying a flat in London (UK) with all of the previous owners possessions still present as part of a probate settlement, do I have any legal claim to stocks, bonds, and other named financial devices I found? [more inside]
posted by fizban on Jan 28, 2010 - 7 answers

Fictional wills?

Fiction filter: how, precisely, would a will be dealt with in this situation? [more inside]
posted by sugarfish on Jan 25, 2010 - 5 answers

My legal insurance company denied a large claim. Now what?

I have "legal insurance" coverage through my employer - it works just like medical insurance but covers personal legal matters instead. I have been working with a lawyer on a probate with the understanding that the insurance company will cover the costs, but my claim was denied. Do I have any recourse with either insurance company or the lawyer I have been working with? [more inside]
posted by blindcarboncopy on Nov 30, 2009 - 12 answers

Fuck death

Both of my wife's parents died. Her dad first in January, now her mom in September. My wife is the oldest child. No will was left. What do we do? [more inside]
posted by Bageena on Nov 18, 2009 - 24 answers

How is 'predeceased' evaluated in a will when 2 deaths occur very close together

If person A leaves something of value to person B in their will, with the stipulation that it be left to person C if B should predecease A, what happens if A & B die semi-simultaneously [say both are in the same car accident] and it can't be determined who died first? [more inside]
posted by HiroProtagonist on Oct 13, 2009 - 13 answers

How do I handle the Mortgage company?

Probate/mortgage/house question. You are not my lawyer, just looking for a general sense of how this will work. I am on the deed of my mother's house. She is dying of cancer. I am not on the mortgage, which is for about 90% of the home's value. When she dies, what will happen? I cannot afford to pay the mortgage prior to selling the home unless I rent out the property, which I don't want to do (would prefer to sell). [more inside]
posted by anonymous on Sep 24, 2009 - 9 answers

Does my dad's will override POD designation?

My dad's accounts are designated POD (payable on death) to me. Is that overriden by his listing of those accounts in his total assets, which his will divides among me and others, and which will is going to take some time to execute? [more inside]
posted by anonymous on Sep 10, 2009 - 6 answers

How does Power of Attorney Work in New York?

Since I am a lawyer (though of course, not your lawyer, and not his lawyer), a family member asked if I could help him with some issues regarding a durable power of attorney (NY State). Unfortunately, I'm not a trusts & estates lawyer, so I need some direction as to what I should look at and consider in order to let him know whether he should consult a lawyer with that expertise. I know you're not my lawyer, and I'm not seeking your legal advice. [more inside]
posted by Caz721 on Jan 30, 2009 - 5 answers

How to choose a lawyer?

How can I choose the best lawyer? [more inside]
posted by xanthippe on Aug 19, 2008 - 12 answers

surprise will

What is the literary or legal term for a second will that suddenly appears after someone has died, in addition to one that had been taken to be the real one?
posted by cogneuro on Apr 27, 2008 - 8 answers

Do I risk it?

I'm receiving a sizable inheritance in the form of stock from a deceased relative. However, there's fairly good evidence that the person who's managed the relative's affairs all these years (due to this relative being incapable of managing their own affairs) has intentionally sold a vast majority of that stock because they didn't want to draw down their own inheritance. If I contest this, though, there's a clause in the will that cuts my inheritance to $1. Do I take the stock that's offered me, or should I risk it on recovering the rest? [more inside]
posted by anonymous on Mar 16, 2008 - 37 answers

How do I stop a sibling from disposing of property before the estate has gone to probate?

I need probate law advice. My sibling is acting unilaterally to dispose of personal property and accessing our father's bank account before the estate has gone to probate. How can I stop this? [more inside]
posted by pussyfoot on Jan 16, 2008 - 13 answers

Kramer v Kramer. Fo realz.

[Child of Divorce Filter]. I have discovered I have the ability to view a 400+ page set of documents that are the sum of my parents' bitter legal divorce. On one hand, I hope it may shed some insight for me on people I never really knew. On the other hand, I fear doing this may cause a lot more emotional baggage than it will be worth. What do you think? [more inside]
posted by anonymous on Sep 26, 2007 - 39 answers

How do I retitle everything I own in DC?

On the advice of my attorney, I have created a living trust to be the official owner of all my possessions. That way, when I die, Sra. and Baby Carp don't have to wait for stuff to go through probate. The one part I am missing is that I have to put all real estate, financial accounts, and vehicles into the name of the trust. The accounts are easy, but I can't find where to change the title to our house in DC or to our vehicles, also in DC. So, how do I go about re-titling, well, everything?
posted by carpographer on Aug 17, 2007 - 10 answers

Do you have to make mortgage payments for the deceased?

Someone died. Does her family have to keep paying the mortgage payments? Does interest keep accruing? Can they rent it out during this period? There was no will. (This is in California.) [more inside]
posted by salvia on Jul 22, 2007 - 9 answers

Anyone know anything about "probate genealogy"?

A friend has been contacted by a private investigator who represents a "successional" or "probate" genealogist in Europe. I was very suspicious, perhaps because of the amount of entertaining Nigerian spam I've received, but at first glance things seem relatively legitimate. Is this a common thing, and what steps do one take to deal with it? [more inside]
posted by lackutrol on Mar 22, 2007 - 5 answers

It's amazing how much not paying $450 / mo. can add up to!

My mother collects back child support from my father on a monthly basis, in the event of her death who will receive it? [more inside]
posted by Mijo Bijo on Feb 10, 2007 - 8 answers

I was adopted out when younger, am I out my inheritance???

Anyone know California probate laws. Heres a question. My father passed away with no will leaving me, and his other son as sole beneficiaries. However I was adopted by my step dad when I was 8(I'm 30 now) I guess he had a drug problem and couldn't do the dad thing. I did live with him as a baby, and my biological mom was married to the guy who adopted me. So do I still have claim to half the estate????????Only thing I found is probate code 6450, but not quite sure if it applies. I called a couple attorneys but they wanted $$ for consultation
posted by highgene on Jan 11, 2006 - 8 answers

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