Archive for August, 2010
My mom died. Will this go to probate court?
Jessica K asked:
My mom died this past March. She had no job, she lived off social security income. She also had a trust fund that was liquidated 3 weeks before she passed away and she was paid $11,000. She bought a 2007 Chevy Cobalt for $6500 cash and spent the rest on useless crap. She also owned a 1999 Dodge Stratus. I’m looking to sell the Chevy and I’ve already sold the dodge. Please note she was not married and I’m her only child.
She lived in Minnesota.
She owed a lot of people money. She has about $4000-6000 worth of debt that’s unpaid. (credit cards, cell phone bill, etc.)
My mom died this past March. She had no job, she lived off social security income. She also had a trust fund that was liquidated 3 weeks before she passed away and she was paid $11,000. She bought a 2007 Chevy Cobalt for $6500 cash and spent the rest on useless crap. She also owned a 1999 Dodge Stratus. I’m looking to sell the Chevy and I’ve already sold the dodge. Please note she was not married and I’m her only child.
She lived in Minnesota.
She owed a lot of people money. She has about $4000-6000 worth of debt that’s unpaid. (credit cards, cell phone bill, etc.)
What I need to know is :
Are these companies that my mom owes money to going to go after me and take her to probate court? Are they going to go after her so called “estate”?
I might get $6000 total out of her two cars together (the chevy has body damage) and I need to know is it possible for the court to go after me for the money?
Marshall Mathers
I am seeking conservatorship for my sister. How do I obtain court order to seal records?
Maria B asked:
My conservatorship for my sister will be contested by my mother’s son who has been violent towards me; therefore, I do not want him to have access to my home address. The probate court clerk would only say that I must request a “relief” from the judge to seal records. Moreover, do to the high legal fees, I am attempting to complete this court proceeding on my own, and I cannot find an example of this court order on the internet.
Randal Isaacson
My conservatorship for my sister will be contested by my mother’s son who has been violent towards me; therefore, I do not want him to have access to my home address. The probate court clerk would only say that I must request a “relief” from the judge to seal records. Moreover, do to the high legal fees, I am attempting to complete this court proceeding on my own, and I cannot find an example of this court order on the internet.
Randal Isaacson
Am i able to take this to probate court?
Tattoodmary asked:
My grandmother bought a car about 3 weeks before she passed away. Its nothing grand, just a 2001 lumina found at auction. Once she had died, my ******* uncle transferred the car into his name. HOWEVER, the car was left to me in the will. He says he hasnt gotten the title back yet which I dont know if i believe and to be honest, am not speaking to him much anymore since this fiasco. What im wondering is, since it was in her name, and I have the copy of the will, Can this go to probate and fight for what was left to me? And can i legally ask for a copy of the purchase order from the dealership it was purchased at?
Both him and my older sister are power of attorneys and the car was never in his name.
Adam Waterman
My grandmother bought a car about 3 weeks before she passed away. Its nothing grand, just a 2001 lumina found at auction. Once she had died, my ******* uncle transferred the car into his name. HOWEVER, the car was left to me in the will. He says he hasnt gotten the title back yet which I dont know if i believe and to be honest, am not speaking to him much anymore since this fiasco. What im wondering is, since it was in her name, and I have the copy of the will, Can this go to probate and fight for what was left to me? And can i legally ask for a copy of the purchase order from the dealership it was purchased at?
Both him and my older sister are power of attorneys and the car was never in his name.
Adam Waterman
Need info on Probate Court in MI (Homestead Allowance)?
R.I.P Dad
asked:
My father passed away a year ago and things are just starting to go to probate court so I have a few question hopefully someone can help me out with. I’m wondering how does one find out if they can get a Homestead Allowance, the person is a grown adult that was dependent on my father. He didn’t have a wife or minor children at the time of his death. I did read online and it looks like the Homestead Allowance would apply to that person and if that’s so, how would that be filed? Is there a form that must be filed? Can it be found online or would we have to go to the court and file it?
My father passed away a year ago and things are just starting to go to probate court so I have a few question hopefully someone can help me out with. I’m wondering how does one find out if they can get a Homestead Allowance, the person is a grown adult that was dependent on my father. He didn’t have a wife or minor children at the time of his death. I did read online and it looks like the Homestead Allowance would apply to that person and if that’s so, how would that be filed? Is there a form that must be filed? Can it be found online or would we have to go to the court and file it?
Thanks in advance!
My father has 10 children (all adults) 1 of which lived with him and was financially taken care of by our father. Also this person still lives in the house. So what I’m wondering is this 1 child entitled to the Homestead Allowance?
Val Pardo
LAKE COUNTY IL PROBATE COURT?
Skanky Skeezer asked:
My aunt died a couple months ago and left no will. She left a house behind with all her possessions inside along with her car. The house as far as I know is paid off in full with a small lien on the property. She leaves behind 4 siblings. My father initially purchased the property, transferred it to her, then legally had his name removed from the deed. Anyway, she has died and we’re not quite sure what to do with her property. At first my family suggested I live in the house as I’m 7 months pregnant and recently laid off and I was going to go this route, but thought it should be done legally. But from what I can tell as there was no will and the property is most likely over 100K in value it has to go through probate, and that means it will be divided up among her siblings as she had no spouse and no children. Two siblings have flat out said they don’t want it, my dad doesn’t want it, and that leaves one sister who most likely won’t want it either. Would the property have to be divided up among them first, then signed over to perhaps my father, who could then sign it over to me? From what I’ve read this process takes a year or more, you have to have an attorney, there are court fees, filing fees, you have to put a notice in the newspaper so creditors can come after the property, etc. I have no money and the lease to my apartment runs out in February (about when the baby is due incidentally). Anyway, any advice would be appreciated. I’m in the state of IL. Otherwise I’m considering “squatting” in the house until someone notices and makes a move on the property as I can’t pay for lawyers, etc. Thanks.
Harland Randzin
My aunt died a couple months ago and left no will. She left a house behind with all her possessions inside along with her car. The house as far as I know is paid off in full with a small lien on the property. She leaves behind 4 siblings. My father initially purchased the property, transferred it to her, then legally had his name removed from the deed. Anyway, she has died and we’re not quite sure what to do with her property. At first my family suggested I live in the house as I’m 7 months pregnant and recently laid off and I was going to go this route, but thought it should be done legally. But from what I can tell as there was no will and the property is most likely over 100K in value it has to go through probate, and that means it will be divided up among her siblings as she had no spouse and no children. Two siblings have flat out said they don’t want it, my dad doesn’t want it, and that leaves one sister who most likely won’t want it either. Would the property have to be divided up among them first, then signed over to perhaps my father, who could then sign it over to me? From what I’ve read this process takes a year or more, you have to have an attorney, there are court fees, filing fees, you have to put a notice in the newspaper so creditors can come after the property, etc. I have no money and the lease to my apartment runs out in February (about when the baby is due incidentally). Anyway, any advice would be appreciated. I’m in the state of IL. Otherwise I’m considering “squatting” in the house until someone notices and makes a move on the property as I can’t pay for lawyers, etc. Thanks.
Harland Randzin
How do I go about filing probate court in Alaska?
Nurse Jenny asked:
If I am sole hier to my fathers estate how do I file the probate court on a death that is not being contested? No posessions, bank accounts, cars, house, ect (my dad was homeless) to claim for his estate. However he had a piece of property he bought for $8000, he paid $3000, and was behind when he past both in payments and taxes. I since then have made the account current and the remaining balance is about $1000. I live in WA and if possible don’t want to get any attorneys involved, just because of $$ reasons. Any good advice is greatly appreciated.
Greta Mattier
If I am sole hier to my fathers estate how do I file the probate court on a death that is not being contested? No posessions, bank accounts, cars, house, ect (my dad was homeless) to claim for his estate. However he had a piece of property he bought for $8000, he paid $3000, and was behind when he past both in payments and taxes. I since then have made the account current and the remaining balance is about $1000. I live in WA and if possible don’t want to get any attorneys involved, just because of $$ reasons. Any good advice is greatly appreciated.
Greta Mattier
Can anybody tell me when a lawyer takes a will to file in probate court how long does it take to file ?
I’m gonna start another riot asked:
What I am asking once the lawyer is at the country clerk to file the will,thereafter is a court date provided when to enter the will in probate court to probate it. But is filing it just step one and next you appear in probate court to complete the process. No one is contesting the will and mainly I wish to know once you show up to file the will with probate court,what happens next > Thank you in advance.
Depending on the state, generally they confirm the validity of the will, review and qualify the executor, and review the conditions and expectations for closing the estate; inventory, submitting claims, dispursal of remaining assets….The estate is very small. Mom only left some items to her friend and appointed me executor,the friend is ok with what I told she will get and the rest pertains to me.The state is TN.
Kara
What I am asking once the lawyer is at the country clerk to file the will,thereafter is a court date provided when to enter the will in probate court to probate it. But is filing it just step one and next you appear in probate court to complete the process. No one is contesting the will and mainly I wish to know once you show up to file the will with probate court,what happens next > Thank you in advance.
Depending on the state, generally they confirm the validity of the will, review and qualify the executor, and review the conditions and expectations for closing the estate; inventory, submitting claims, dispursal of remaining assets….The estate is very small. Mom only left some items to her friend and appointed me executor,the friend is ok with what I told she will get and the rest pertains to me.The state is TN.
Kara









