Probate-Probate Court

undercover brother asked:


My sister and I were left a home by our mother in NJ. My sister is the executrix. We went through probate some time ago, but the deed/title was never transferred to us. I don’t know whether or not the property transfer was addressed in court, but let’s assume it was and the authorization to transfer was approved. I’m turning over my rights to her after it’s finally transferred to both of us from the estate and I know that can be a quitclaim. Before that, can we do a quitclaim from the estate to us, or, does it have to be a personal representative deed. What’s the difference, if there is one?

Before someone jumps on me, there is an attorney involved already. However, the attorney drew up a very questionable contract and I’m considering going elsewhere. This attorney has the estate selling the home to my sister for the full value of the home and added a clause indicating that I get half of that. But where does the other half go? She did it as a bargain and sale deed with covenants and included a paragraph saying my sister will seek a mortgage loan of $110,000 although the home is paid off free of all debt (that’s been legally proven already) and my sister has no need for a mortgage. This doesn’t seem right and I’m not sure this attorney is honest. Perhaps she is attempting to manipulate something relating to that mortgage loan if we sign. My thinking is that this is unnecessary and incorrectly executed. We don’t need warranties because it’s staying in the family and we already verified debt status and title claim (although we didn’t have to) based on the attorney’s advice. All the other “required” costly steps were taken as if this was a sale between strangers and the attorney admitted she was not familiar with this situation. BTW, my sister chose the attorney. Also, how can an executrix sign a contract as both a buyer and a seller? Plus, there was nowhere for me to sign the contract.

So to recap, is it correct to say that this should be a quitclaim from the estate to us with probate court approval, then a quitclaim from me to her with consideration equaling half the amount of the home’s market value? If not a quitclaim, is there a personal representative deed work in NJ and why that instead of quitclaim?
She doesn’t need a mortgage to pay me as she sold her home and has all the money she needs.
OK, once again. My sister already has all of the money she needs to pay me and that’s more than $110 K. She has it in hand. Also, I know the property has to be transferred first. That’s covered in this question. Please read the full question before responding.

Mitchel Mayeshiba

deeshawn asked:


we are in the process of buying a new mobile home..we are putting our land up..which is free of lien and judgments..we are currenting probating our grandma’s will which left the land to my mom..the probate is supposed to close on september 20th…the lawyer and bank of the mobile home wants to wait until the estate close to move the mobile home..but the probate court says we can go ahead and move the trailer… do they have to wait until the estate close and why?..the mobile home is ready to be moved..also does the estate close on time? I am in columbia, south carolina..how does the closing process work

Caroll Bulinski

TheDiciple asked:


Help! My father has recently passed away! My mother and brother are trying to take my fathers “trust” away from me! His house has gone under pre-forclosure, and i dont want to lose the house! my brother and mother have commited fraud charges using my fathers credit card/checking account after he passed! My house is now held up in probate court and because of late payments for the house, now in forclosure, the probate lawyer for the state wants to sell the house. What should i do ,where should i start? I want the house and what is entitled to my my fathers will, my mother and brother are trying to ***** me over, and have been using identity theft, how do i save the house, and my trust, from being ruined? BTW this is happening in the State of Connecticut, if this helps… any help is greatly appreciated

Sirena Celenza

Mike asked:


-In 1952, Bill and Helen bought a house, owning it “tenants by the entirety”, which is now known as “Joint Tenants with right of survivorship”
-They had no children
-Bill died in 1954 without a will, leaving the house to Helen.
-Helen was determined 100% disabled in 1959 due to early onset of alzheimers
-From 1959 to 1964, Helen’s brother-in-law did a bad job of taking care of her.
-In 1964, a family court/probate judge was asked to appoint Helen a “conservator”, he appointed her sister Grace.
-Grace moved into the house with Helen, cared for her and managed Helen’s finances.
-In 1968, Grace’s only child Jane, divorced and moved in, with her two children, to Grace and Helen’s home.
-In 1985 Grace became ill, Helen’s brother-in-law petitioned the probate court to become trustee of the conservatorship for Helen, the court granted his request.
-In 1986, Grace died. She had no assets, no will, and no probate process was followed.
-3 months later, the brother-in-law died leaving no children, no assets, and no probate proceedings followed.
-In 1987, Helen, the rightful owner of the house, died. Once again, no will, no assets outside the house, and no probate was initiated. Grace’s daughter Jane buried Helen, and then stayed in the house since there was no one to claim it.
-In 2005, Jane remarried to Jim. One of her children got married and moved away, the other stayed in the house since 1968 and he has been paying RE taxes and all utilities since 1990.
-Last week Jane died, no assets, no will, probate is pending.
-Jim, Jane’s second husband, and Jane’s son Tom, are left in the home today.
-The Registry of Deeds has no record of transfer of ownership since the original purchase in 1952.
-The local municipality still sends bills addressed to the brother-in-law as trustee of the Grace conservatorship for Helen.

Since 1952, this home has appreciated to be worth over $600k today.

My best guess is that the trail of ownership goes from Helen…to her closest blood relative Grace who predeceased Helen which bumps ownership to Grace’s issue, or child, in this case Jane. Since Jane just passed, her right to the property, if any, goes to her still living husband. This is in Massachusetts.

Who do you think owns this house?
Thanks Landlord, Grace and Helen did have a bachelor brother who passed long ago, no children. There are no other known blood relatives to Helen that we know about.

Bill

KLD it. asked:


So my mother passed away in may. And chase had already atawyed foreclosure proceedings on it during the month before her passing while she was in the hospital. (My mother was very ill with cancer, which is what ultimately cost her to not be able to pay her mortgage.)

Anyway I die everythybh in my power to stop the foreclosure before the house was padlocked. But because my mom did not have a will or an estate, I would have had to go to probate court and chase would not wait for that. (I would have bought the house outright after her life insurance came in, but Chase Home Mortgage could not wait the month or two before I went to probate court.)

Luckily we moved most of the things out of her house and gave it to my uncle right before she passed. However I wasn’t aware that most of our family pictures, movies, and things of sebitmental value where in the atic. The front door is still padlocked but the back and garage are open. I know cause I was already in the house, but didn’t take anything. How much trouble can I get in for taking these sentimental objects out of the house, and possibly also taking my brothers vintage mortorcycle that he never took?

Like I said I did everthing in my power to do this the right way. Spent thousands on a lawyer and chase would not budge. I just want the pictures and stuff at this point.

Karena Quasdorf

kermitcfrog asked:


I got into contract with someone who is part owner with his sister and niece, to lease purchase the property. According to the contract I am to pay him X amount of dollars for the next 42 months and he signs the property over to me. well now I find out thru his sister who he doesn’t get along with that he is only part owner and it is still in probate court for him to completely get the property. If he doesn’t get hte property in probate can I sue him for the money I have already paid and for breech of contract. I am more worry about being homeless then anything else since I gave him everything in my life saving as a down payment.
I did have a lawyer look over the lease purchase and they said it was legit but I didn’t have anyone look into the property ownership, he has complete ownership of the home on the property just not the property itself according to the sister. She admits he has right to lease me the home just not the property.

Todd s asked:


My father recently passed away. His house he left to my brothers and me. One brother who is disabled is staying in the house. My brothers want me to put the house in my name, they do not want their names on it. Does this have to go to probate court? and what documents will I need for probate court? The house has been paid off for years.

Royce Redwood

the boss asked:


my sister in law has POA for now but i am the other brother going to probate court in conn for conservatory ship of my mother and is being brought to the attention of the courts about these. I did call the town clerk office and they are aware of these but have to file the papers when received,does anyone know of what legal action and how can i get these revoked as she is not in her right mind in doing so,But conn probate court wont do anything about these because it is in another state.Do i need to go to vt probate court about these or what?My sister in law and her husband( my so called brother ) they have basically used her social security check and had the property signed in conn over to them yrs ago now they are money hungry thieves.Instead of my mothers well being and using her property for sale for her care.

Jonah Stuck

tam2u2000 asked:


my father died last winter, and due to “bad wording” by my parents’ attoney, my mother was forsed to endure the last almost 7 and 1/2 months, to get the probate court date of the 25th of this month. not, to mention the 10K it cost for “the fees”. my father’s passing was enough, but then my mother had a heart attack, which has left her pretty much disabled, at this point. during these tramatic events in our lives, we were just notifed that my mother’s house, the house my father left her in his will, has had a foreclosure process just filed. i was forced to move in with her to help take care of things, bascially try to take over the situation. i don’t mind saying it, because it is obvious in my question~i’m in over my head, to say the least. can i stop this foreclosure process somehow. where do i start. with just a limited income level myself (& two sons to raise), i JUST now caught her up to date on almost all ofher bills. she was in a three month back date on all her bills. ideas?

Margherita Esquivez

california roll asked:


house is in my fiance’s name who passed away almost a year ago. I moved in 2 months after he passed away and started making payment. but no one made payment for those 2months right after he passed away. with penalty and tax was unpaid, also insurance was not paid by any family member so mortgage company paid for it with penalty and fee. now family member like to take this matter to probate court and want me to pay for the fee. since mortgage company don’t accept my payment since september. so I haven’t made payment but put the money on the side to see if the family member will come up with the 2months mortgage and penalty and any extra fee. now my question is probate case will stop the foreclosure or Do I need to look for a place to move?

Mindy Duncan