What if the family members do not see a need to probate, but they do have a bit of property, like a house, a car? If spouse removed deceased spouse from bank, house and car titles, is probate still needed?
Also what if one of the children was removed from the will by the living spouse, is that legal?

What the family members "see" or don't see doesn't matter; state probate law is what matters. Consult an attorney.

powered by Yahoo answers

My husband's mother died leaving some land. It is still in probate or listing i in an estate. We are wanting to eventually sell the land.

How can you handle it if it's in probate? It's not yours! Wait!

powered by Yahoo answers

My uncles will was put in for probate and now it had been rejected. What does that mean. Does that also mean I can now get a copy of the will?

Generally that the will was not acceptable for filing; (signatures missing, pages wrong, no witnesses, no notary, executor failed to qualify) so, no, there is no copy filed with the public record to GET a copy of.

powered by Yahoo answers

Not long after my dad passed two years ago, it was discovered he had some property. It was sold, and the money left is to be divided between my half-sister, stepmother and I. However, my half-sister argued about the amount not being enough, so stepmom told her lawyer to put the matter through probate. My stepmother hasn't said much about progress on the matter since that time, and I'm wondering what is the problem. Since my half-sister has been harassing her since before Dad passed and afterwards, I would think my stepmom would want to lean more on her lawyer to settle things and permanently get her off her back. Unlike my half-sister, I do work for a living, so I'm not desperate for the money. However, I have a few bills that the funds would pay off completely. I don't want to bug my stepmother constantly about this, but it seems that two years is long enough to settle Dad's estate. It is not like he was a millionaire.

Usually 6 – 12 months.

powered by Yahoo answers

I have searched and searched and searched for my brother's income tax number and also his NHS number and cant find them anywhere. I know he paid tax on his shares but no one seems to be able to help me. will they grant probate without them or are there going to be complications?
I meant National Insurance No. sorry. He was a solicitor so was self employed.

The income tax number appears on all documents received from the Inland Revenue. It would also be in the possession of your brother's employer if he had one.

Alternatively, a taxpayer's records can be found with his or her National Insurance number.

Failing that, you submit the IHT and probate forms without any number but with an attached explanation.

You can get help from the Inland Revenue on 0845 302 0900
There's some information at http://www.hmrc.gov.uk/cto/pa1.htm

Very few people know, or keep a record of, their NHS number. You can find that on your brother's birth certificate (assuming he was born in the UK); otherwise from his NHS GP.

powered by Yahoo answers

Probate form Accounting for Final Disbursement of Estate. Is there a web site which simplifies how to fill out these documents?

Basically, you are telling the court where everything went and to whom. What I would suggest is you contact the Probate Clerk and see if they have an instruction booklet since each county is different to some extent.

powered by Yahoo answers

If you are assigned as administrator of a house while it is in probate and are soppose to pay taxes, mortgage, etc, but do not. Will they foreclose on the house? Also what a happens to the remaining recipents that would get the house after probate? Is the equity of the house lost and therefore no one can inherit anything on it? Hope this makes some sort of sense. There is a lawyer involved, but just waiting to talk to her. Any direction is appreciated.

If the mortgage payments is not being made, the mortgage company will begin foreclosure process. Just because it is in probate, does not mean you do not have to pay the bills.

Whoever gets the home after probate will be responsible for paying the bills, just as if they were owner of the home.

In regards to equity, you may or may not get any when the home is sold. Equity from the house must first go to pay off creditors, bills, etc, then anything left over will be distributed.

THIS IS NOT AND SHOULD NOT BE CONSIDERED LEGAL ADVICE!

powered by Yahoo answers

Tried to refi and can't do it. He has adult children from previous marriage and we don't get along and they don't along with each other….so I am at a loss.

just sell the house and start fresh!

powered by Yahoo answers

my brother died leaving a will . leaving his only asset his house to me . probate ends on 23 10 2007, his girlfriend of 4 years is residing in the house he did not include her in his will with exception of giving her 3 months to vacate the property, he omited her from the will as she spent large quantities of his money thrughout the relationship. our solicitor has offered her a settlement of £20k to vacate property and as a settlement which she ignored, she has changed locks and banned all family from entering, if she does not make a claim by end of probate, are we entitled to evict her.

there has been enough emotional upset over the past few months, why not consider charging her rent – that's a win – win situation
she still has somewhere to live you get an income from the house and ultimately the house is still yours to sell in the future when things calm down
commiserations on your loss by the way [i lost my dad in March
ant its still very painfull]

powered by Yahoo answers

My father recently passed and I am looking to file probate. He did not have a will. There are other things that make it complicated as well. I was wondering if there are any probate lawyers in Chicago that would be willing to take payments or even work pro bono on my case. I am a single mother to a disabled child living on a fixed income.

Have you contacted the family courts in your area to see if you can go "pro se" where you represent yourself?

It may take some reading and understanding but you have the right to represent yourself. Use the court clerks and other family court classes to help understand the process so that you can file on your own.

powered by Yahoo answers