Probate-Probate Court

Junior asked:


So first, i am single 24 yr old male living on my own and have a 4 year old daughter in which i pay child support for. I had recently got a new job as an electricians apprentice in the state of Massachusetts, trying to better myself, build a career, and make more money.I’ve been ending up in dead end jobs since graduating high school, until now.

I pay $456 a month for child support and i have no problem paying for my daughter. The $456 was based on my last jobs income and was taking home a pay of about $500 a week. I am now taking home $633 a week. So now my new job offers health insurance which is mandatory now in the state of Massachusetts, and was ordered to now provide health insurance for my daughter. Now on top of the $456 a month for child support and a very expensive health insurance plan of $965 dollars a month that leaves me with $278 a week for myself.

With this income it is absolutely impossible to pay my rent, (2 weeks late so far) utilities,groceries, car insurance which I’m paying for the lowest basic coverage, i own a 97 jetta that is in desperate need of repairs and with 170,000 miles on it. i owe $200 for tools that i bought to just get me started and need many more, it ***** when your foreman consistently tells you that you need to get more tools but you cant afford them. It is also mandatory for me to attend school in September, (which i cant afford) and i just got a letter from my employer today stating that if i’m not enrolled i will be dropped from the apprenticeship program.

I had gone down to the local probate court about 2 weeks ago to request a court hearing and still waiting on one. I have no idea what is gonna happen. Is the judge going to understand my situation? Is the judge going to help me? What can i do?

I know lowering the support wont do anything, i don’t want it lowered. Lowering $114 isn’t going to help me much or benefit my daughter. Its pretty much the health insurance that’s killing me. My daughter was on Mass health.

I know this is a lot, and im pretty much spilling my guts to the world, but i wanted everyone to see all aspects of the situation and Im not here for people to feel bad for me, just for some help, input, advice anything can help at this point. Thanks

Duane

mr. t asked:


Brother passed without a will?
My Brother passed this month without a will and there are many questions.

He had been unemployed for a lengthy time so he had few assets and substantial debt.

He lived in Texas. He is divorced and still owes the ex about 15k in child support that the state administers… the ex gets his irs tax refunds etc…

He lived with mom, and his possessions in her house might sell for around $1200.00

He had many debts… my guess is around 10k to co’s such as citibank, home depot etc..

He has a car loan that is owed about what the vehicle is worth.

He had under $200.00 in his checking/savings account. Mom went to the bank last week where she also has an account and they gave her the money in those accounts. ( they said they could do this because the amount was under a certain limit- I think her name was on the checking account)

Questions:

#1 Do we have to go to probate court and create an estate?

#2 Might the state sue the family to form an estate if only to prove there are no assets for the child support?

#3 Might the creditors sue the family to form an estate? It seems to me they would look at his credit report and see the large debt and be mindful that funeral expenses – that mom paid for – come off the top, and determine that it’s probably not worth the effort, but that’s just a guess.

#4 As for medical bills…Should we expect to be sued to form an estate for this? he was in the hospital for several days before passing, and with all the testing and ICU care, the bill is probably well north of 30k- I don’t know what the “payment due from patient” is yet. . It occurs to me that they might not have access to his credit report and will want to see if there are assets.

#5 Does selling, or giving away his possessions, or contacting the note holder of his vehicle to come get the car, or receiving the money from his accounts at the bank, or sending death certificates to creditors – which she has done- make the mother an executor by default with further obligations?

Thanks in advance for your answer. Also, please do not answer unless you have experience with these issues.

Thomas

Joy S asked:


I know I am receiving money from a relative who passed away because I received a notice in the mail from a service wanting to know if I would like to take a loan out on the inheritence and I received a letter giving the probate court date.
I spoke to my relatives partner and told them how suprised and honored I was to be receiving money. They never said how much I was getting and I feel awkward asking. Is there a way I can find out without actually contacting the lawyer? It would be nice to know but then I feel like I should wait and let it be a surprise. Money can really mess with your mind……

Nichole Giannitti

mary ellen asked:


I am confused my mom died last week and she had a will, she has a house she owns (in her name only) and also a car, the lawyer is saying I might need to get have to open an estate? I am on her savings account and checking, I have 3 sisters and everything is to be split evenly, no other bills. Someone else told me to get a deceased trust? I am so confused on what to do. I am calling the probate court tomorrow, I am on the will as the executor. Any suggestions on what to do next? Can a house be listed and sold like it is? Please I need some legal advice!
I just looked at the will at it calls me the “personal representative” for my mom. I don’t know if that is the same. I just applied for a EIN number, i was told I had to have to open an estate account, and I will call the probate court tomorrow, we are in Michigan. All so confusing for a blonde!

Justin Gate

Jessica Shaffer asked:


Ive been in a custody battle in ct for a year and a half. Im a resident of indiana. My mother “stole” my child from me.

There are the facts.
My son was born in indiana. When he was a year and a half we moved to my parents in ct where i was attending college.
We were there for 6 months, and my father is a heavy drinker. and started picking up on it really bad again. So I decided it was time to move back home to Indiana and just pursue in the state school here. I told my parents and they freaked out and said “your not taking that little boy away from us!”
So that was my first red flag.

Anyways I was sitting at home one saturday playing with my son and just got him out of the bath and my mother asked if she could bring him to the store.. i said yeah. The story gets complicated from there.. but in a few weeks time i found out they went to the probate court and met the judge there claiming they had NO IDEA WHERE I WAS, that i abandoned him and I have heavy psychological problems!! FACTS: I am now a married woman, with my own house, own car and pets and I have a clean bill of mental health!

Here’s my problem!

Ive been dealing with court ordered attorneys… they don’t seem to want to work for me! They have some kind of communication problem. I lost trial because my attorney was not prepared and I have not seen my son because I cannot get through to my new attorney to set up visitation. I have gotten very very angry and sent a letter to the general attorney, I called them like they told me to and they said they cannot help me!! I don’t know where to turn! I travel 1000 miles every month to see my son and have been very cooperative. My mother is a sick woman who abuses prescription medication and who abused me in my childhood due to it and I have no doubts she took my child for money (she has my son on state though my father makes 900 dollars a week as a licensed plumber?) They do not have a stable home and have moved three times and been under fore closer since they have had my child.

I am getting no help from the state of ct and I don’t know how to fight this! They keep sending me in circles!

Please let me know if any of you have any ideas or insights on how to take my next step! I have been ripped from my son.. who is now almost three and my life has revolved around getting him home where he belongs.

If there are any names or numbers you can throw at me please don’t hesitate. Thank you so much for reading this and including any thoughts you have. Its really, really appreciated!

Bryant Leeks

Debra S asked:


My mother died about a month ago, My sister was an conservator of mom until her death and now is executor of her Last will and testament.
Since her death I have verbally requested a copy of the will and was denied or was put off. Last night I email an official demand of the copy of the last will… nevertheless my sister is pissed over the email and saying all I care about is the money.
My sister has also allowed her son and his family to move into our mothers home prior to mothers death. Probate court does not have a copy of the will… the will existed in a safe deposit box at a bank that my sister obtained excess when she gained conservatorship. I am in fear that the will is going to be altered or become missing. She refuse to tell me who is her attorney nor the attorney who drawn the will. I don’t want to keep waiting while she stalling me.
Additional info… my sister told me that mom didn’t want her will to be probated and she was going to prevent it from entering probate court. Also that she (my sister) gave moms will to her own attorney which she refuses to disclose his/her name. I fear my sister only wants to avoid probate for her own special interests.
UPDATE: Sunday I email my sister and Demanded a copy of the Will. Today, thursday, I actually recieved an copy of the will plus a court date concerning the estate. Letter says I don’t have to appear, but I assure I will be there.
Actually I was asking you all how to go about it before I contact and hire my own attorney. I was hopeing she would do the right thing than making it expensive.

Brendan

XStaySea asked:


My question is a little more intricate than that as I couldn’t type it all in the heading, so please read on before answering…

Here is the scenario. My father in law (named Paul) is very sick and we think he is about to pass away. Paul has two sons and one daughter. Paul and his daughter are both named on the mortgage to his home and two apartment buildings (each 4 plexes). The reason why his daughters name is on his mortgages is because she has good credit and acted as a co-signer, however she hasn’t contributed any money to his assets. Paul has no will. We think that his daughter might try and act unfair when Paul passes away and collect all money from his assets and not distribute a dime to his other two sons.

1. If Paul has no will, can she collect all of his assets since her name is on the mortgage of the apartments and house?

2. What does probate court usually do in cases like this?

Cinda Rowley

Kristy asked:


My fiances grandmother was murdered when he was 13 years old, she was a very wealthy woman. We have a copy of her will, and she left it all to my fiance, his father was the treasuer of the estate and was suppose to give my fiance the money as he needed it to pay for new cars, clothes and his education, he was then supposed to recieve all the money on his 23rd birthday, he is now 26 and he has not seen a dime of the money, his father will not give it to him. He is afraid if he takes action his father will go to jail or get in some other kind of trouble, and for some reason refuses to “screw over” is father even though that is exactly what his father has done to him. Anyone know any other options? Is there away to get the money? I know some of it is still in Florida Probate court, could we go down there and claim it?
My fiance has tried to talk to his father about this, I could go on for hours about his father, he is a very very strange man, and he just kind of avoids the topic, and keeps telling my fiance that he is going to give him this, or give him this much money on this date, and we’ve been hearing it for years now. As far as me staying out of it I do! I only talk to my fiance about it, I never talk to anyone else about it, his parents were never married and her only family members were her son and grandson.

Todd Likos

f’it asked:


I looked in probate court not there
my aunt took power of attorney and had his will rewritten to remove my brother and i. her and my uncle( who abused my gpa and i believe caused his death of heart failure) inherited his house and over 100 grand in cash
they DO NOT deserve this. especially not my uncle and my grandfather told me several times he wanted to leave me enough money to buy a car.
it’s just not fair to him they are being that greedy and not honoring his wishes
anything i can do ? please help
i already went to probate court they said since his will isnt on file there is nothing they can do. will wasnt registered with them
what if i can prove my gpa was incompetent and she took advantage of him. arent grandchildren entitled to anything? the money was originally supposed to go to my dad but he died then it was changed and i believe to her liking

Deidra Wright

Aaron F asked:


Over two years ago I inherited a condo in a 55& older community. Since then there have been many insentience’s with the condo associations and myself. Beside the fact that I’m not 55 yrs old and I believe there are other owners and people living there under 55 the association never seems to never know what’s going on and always conjunct them selves, the majority of the board and population are Canadian and are only down here for the winter time. I feel they think that my daughter and I would be a distraction from there vacation. On the first occasion I had with them they promised in an email to me that they would handle the title transfer. Yet, after almost two years and me finally filing in probate court they finally recognized me as the owner. They said that if I didn’t’t have a daughter they could have let me live there. I have joint custody of my daughter and she is with me 10-15 days out of the month. They have had random “fire inspection” to see if I was living there and on one occasion called the police to perform it. They said they didn’t know if I would be violent. I have always been polite and respectful. I have come across a memo from before I inherited the condo and it describes how to handle my situation to a “T’. They have “rules” and “by-laws” and I have memo with changes to rules. I just don’t know what to do they have not answer my letters or email and they really don’t have to come to find out. Are there city officials that can help? Can they really not let me live there? Do I have to sue? And for what? I have had it on the market for a while now and nothing. What happen it I chose to live there? Can they really kick me out?

Julie