IMy parents were granted deed on my grandmothers house in 1994. My grandmother died in 2001 with no will. The deed was granted to me in 2002 and I didn't refinance. The mortgage is still in her name and I just had a fire at the home. I have sent them a copy of the deed a copy of the death certificate and many insurance. I sent them an insurance check in my name and they sent it back in the construction campanys and my grandmothers name. They keep telling me I need executer of estate but no one has gotten this. I don't want to go to court and get this. I am currently living with someone till my house is repaired and don't want to go through court when I already own the home. Are they doing whats legal. Can they reissue an insurance check in her name that was originally in mine? I live in california.
134382
What they are doing is completely legal.  Who issued you a deed in 2002?  That is the person you must go to now to get the check endorsed.  Once this is done and the house repaired, I recommend that you either ask the lender to let you assume the current mortgage (not likely to happen) or refinance the mortgage in your own name.\n\nAnother option would be to retain an attorney and let them fix this for you.  The legal fee shouldn't be too high and it would be worth it to get things cleaned up and in your name.
155193
You need to go down to your local property office and provide a death certificate.  For a small fee they will update your deeds.
121198
This individual might not know he is supposed get it recorded. She should never have accepted cash but instead a cashiers check but now that she did, her proofs of the sale are the following:\n\n1. He deposit record of the money being put into her bank.\n2. Rent or other proof of receipts showing she lives elsewhere.\n3. Send a certified letter to the house, require a signature. This will show who signed for it and give just a bit more proof he is there instead of her.\n5. Get a neighbor to sign an affidavit that she no longer lives there. An eye witness account.\n6. There is a thing called a deed in lieu. I have a copy if you need it. You send it to him and it requires he put the house in his name. I am not sure but you might be able to get a standard form for it online or at Staples.\n7. Most importantly, the utility bills would show proof of who is living there, at least who is paying.\n\nFirst step is to contact the new owner and tell them they have to put the deed in their name and they need to pay the past due bills. If they refuse, this could be your chance to have them charged with defrauding an elderly person! What they have done could be a crime where you live. So, your second step, if they don't comply, is to either retain a lawyer or go to the cops. \n\nWhat ever happens, your mother in law should be ok because even though there is no receipt, no court in this land would hold her liable.\n\nGood Luck and let me know by following the links to my 360 to send request for the deed in lieu.
273402
Get a lawyer, if they is no will, you can protest it in court, and a judge will usually give all to the spouse or divide equally between all.  Usually once someone contest legally, and request the will, it will be provided.  Most wills are done by lawyers, who retain a copy of it, just for this purpose.  Sometimes they are even entered as a matter of public record at the court house.  If you know grandpa's normal lawyer, you could ask him.  Just be prepared, this will end up a big old stink, but alas, dead's in the family usually are.
443909
Wills need to be filed with the county when someone dies.  Im sure if you called the main county number, they can direct you!\n\nGood luck!
554893
You need to be put on the note from the mortgage company.  Meaning you would have to refinance.  Your parents will get the tax credit.  But as a suggestion, I would ask your parents to put you on the deed so if anything happened to them you will not have to pay an inheritance tax.  Establish credit if you can.  I know it is a tough world but that is your best bet.
527852
I went to the county clerk and recorder office and recorded my judgment.  It automatically puts a mechanics lien on his real estate property. IE:house,land that he has in his name he cannot sell or get a loan until this is paid.  Also I got an Interrogatory form(long form) and had the sheriffs office give it to him, I did this three times but I can do it as many time as I want the judge said so.  The interrogatory makes him disclose all of his assets including his money in the bank.  Then I got another form for Garnish and Levy which will clean out his bank account and or subtract money from his paycheck or Income tax return.  All of the money I spent to collect from him is also added to the total amount and the total accrues at 8% a year.  I had to  to revive the judgment every six years to keep it active.  It's like money in the bank drawing 8% a year so if you don't get paid this year it don't matter.  This is Colorado Law it may be a little different where you live.  This is not advice but my experience.  You may use it however you wish. I did it all myself without a laywer.
141063
You need an attorney, without a doubt.  You also have to release the funds/property exactly as stated in the will.  Your job is to make it go smoothly, and make sure everyone get's what their supposed to.  An attorney will help you do this legally.  I know I just went through this about 2 years ago.
274038
Go see a lawyer IN THE SAME STATE AS YOUR FATHER and explain this situation.  Then hang around your father like a tick on a cold day until he signs a will.\n\nThis is the only good way to protect your mother from poverty or delayed property transfers while she is grieving.  All this should be settled now, in advance, based on the blessing of your father knowing he's going to die as well as about WHEN that's going to happen.\n\nYour mother's grief will be ENORMOUSLY AGGRAVATED if her husband dies without a will ("intestate" is the word for that).
23720
Just the fact that the house was put into a trust for you before your aunt's death doesn't automatically mean that you received it before your aunt died.\n\nIt's possible that your aunt put the house into a revocable living trust with herself as both grantor and trustee.  In that case, you would receive the house when she died and you would receive it with a value based on it's value when you received it.\n\nI suspect you will have to pay taxes on any money you made based on that value upon your aunt's death, if the house was sold at a higher price, since you never lived in the home as your own.\n\nI would suggest you see a CPA or tax attorney and bring a copy of the trust document, home appraisal done upon your aunt's death and the home sale paperwork so it can be determined for sure what your situation really is and what you must do concerning the IRS.
672866
Years?  In my state, property taxes are due twice a year at which time you may either pay it in full or half each time.  Once you miss one payment a lien is put on the property, the second time an additional lien is then put on the property.  Late fees and penalties accumulate with both liens.  At the second time property taxes are delinquent, the county assessor can then file to auction off the property at the next regularly scheduled auction.  The word "regularly" is important here because in our county they are not scheduled with regularity, they are scheduled when the county feels it has enough properties available for auction to make it profitable for all parties.  If the owner or payee responsible for the property taxes can pay the liens, late fees and penalties BEFORE the property is listed for auction, you can retain ownership. \n\nIt would be worth checking out www.Foreclosures.com and paying the monthly fee or getting the free trial to determine the details of where your granny's property is, status wise, with the county in which you live.  Just put in the zip code and initially you will see the general status.  You can obtain further information with the detail link.  Good luck!\n\n\nPS Try to contact the county assessor's office in the county in which the property is located.  Explain the details of the delinquency and perhaps they will have an arrangement you can make.
100221
OK sorry 2 hear about grandaddy.I know exactly what you mean.FIRST and most of all ,do you have your Granada's information? On paper you need:SSN#,DOB,I.D#,mothersmaidenn name,at least 2 address's.DR. name.Most of all you will need the name of the life insurance company's of which he had.Now all this information I just gave you is for you to take a legal STEP.If not be your own detective!!!!!!FIRST find out how much his policy was 4 and how much his funeral ex-pens.were and do the calculation.If there is a whole lot of $$$presidents$$$ left over and nothing to show 4 then this is what you do.............MY FRIEND: you just let it be .I'll tell you why! After you find out what happened and  if every piece fits the puzzle it will put you at PEACE That's what is probably really bothering you most.REMEMBER if she did wrong it will come back on her it may take 1week,1year it will happen.He up above knows whats rightfully yours,be patient it will all work out I promise!!!One the other hand get a free consultation with an attorney they can help YOU DECIDE .Good luck,Marina
415778
Go back to Court immediately and file papers (if you don't have an attorney, either call Legal Aid or ask the Clerk of the Court -who cannot give you legal advice, but CAN guide you to the correct forms to file) to bring the violation(s) of the Court Order to the attention of the judge for a ruling. Violations of a Court Order are Contempt of Court, and I have yet to meet a judge who takes these lightly (and I have met a couple, through similar situations caused by my ex). The Court does not feel warm & fuzzy about individuals who thumb their nose at the Court's authority. Until you take steps to get these matters brought back before a judge, your ex will continue to act without impunity. In the meantime, while you are waiting for a court date, take steps to protect your share of the community property, by making everyone (like banks, credit agencies, mortgage companies, etc.) aware of the Court's original ruling, in an effort to reduce your ex's chances of disposing of the property without your knowledge or permission. Good luck with this. Vindictive and unethical ex's can be very creative and resourceful. My ex even disposed of NON community property, when he got a hold of our daughter's house key, let himself in while I was out of town, stole my grandmother's hope chest and the hand-made quilts she had made which were in it, and sold them to a no-questions-asked dealer. I was unable to prove anything (it was all supposition and circumstantial, without witnesses) - and lost everything. DO NOT remain passive about this. You must act to protect your interests NOW.\n\nIf the vehicle is long-gone, the Court will likely not only find your ex to be in Contempt (and subject to fines and/or jail time), but will likely also order your ex to pay you at least half of what he sold it for - which he must prove. You should try and track down the paperwork pertaining to the sale, as best you can, to bring with you into Court. You should also consider getting a subpeona served on the person he sold the vehicle to, to force them to come into Court and testify as to the circumstances surrounding the sale. This person will likely be viewed as a hostile witness, but they WILL have to testify - unless THEY also want to face contempt charges. \n\nTaking these actions will send a clear message to your ex that he has rattled the wrong cage. Be diligent and persistent. You are not doing these things to "get back at" your ex. You are doing thse things to protect your interests.
569702
keep in mind that all property passes to the surviving spouse when one spouse dies...unless otherwise specified. Even though there was a will...unless it specifically states a division of assets...you might be entitled to nothing. If the two were divorced, it complicates things if the will was not updated. Also, if you are a minor, you have less control than if not a minor.\n\nHowever...the fact that a will was not shown to you IS curious. Do what the first person said. A will becomes public information. Go get a copy! It will just be a few bucks copying charge and then you'll know....
415015
How did they serve you? They would've had to serve you personally or through a family member. They usually send the summons and complaint to the sheriffs department of the county you were residing in or they thought you were residing in. The sheriff goes out to your house to serve you with the summons and complaint. If you don't live there and a new tenant does then the sheriff will send it back to the attorney who sent it to him as "Unable to Serve" with the reason why. However, if a family member lives there and says you live there but you are away, he will serve them with the documents for you, b/c you will eventually get back and get the papers.\n\nAsk that lawyer to provide you with the Affidavit of Service/Proof of Service. He has to. It's your right. Also I will assume you were driving with insurance. Call up the insurance company that provided you with coverage at the time and open up the claim for that accident. If you had insurance, they will cover you.\n\nAlso check on the police report, if it provides your insurance company information, such as an insurance code and/or policy number. Because if it did, than the attorney who represents the other driver, was lazy and didn't open up the claim himself with your insurance company. Especially if its visible. He should've known it was there.
428050
To be honest, it would be better for all of you if you could work something out with your sister because the present interest holder (meaning your mom) in a reversionary life estate cannot do anything that would dimish the value of the property and she also has a duty to maintain the property.  If it has been vacant for an extended period, anything could have happened over there.  \n\nYour sister may have also included a right of termination in the life estate or reserved some sort of right of entry if for instance your mom had to go into a nursing home.  There are all kinds of unknowns here both in how your sister set this up and the law in your state. \n\nLong story short, you may not be able to stop her.  \n\nWhy don't you just go with her or simply remove anything from the house that your mom does not want your sister to have access to?  It would seem to be the most painless compromise for all involved.
95128
What if you die without a will?\n\nAs mentioned above, if you fail to make a will, Georgia's inheritance statute will determine who gets your property. For example, if a husband is survived by his wife and two children, his property is divided equally among them. In addition, the court will appoint an administrator to manage and settle your estate. This cost of administering your estate is often far greater than if you had paid for the cost of a well-prepared will. When there is no will, the administration of an estate is often complex and costly.\n\nWhat are the formal requirements for a will?\n\nA will is the legal declaration of a person's intention for the disposition of his or her property after his or her death. The laws of each state set forth the formal requirements for a legal will. In Georgia:\n\nYou, the maker of the will (called the testator), must be at least 14 years old.\nYou must be of sufficient mind and memory to realize you are making a will disposing of your property.\nThe will must be in writing.\nA valid will must be signed by the testator and witnessed by at least two witnesses in the special manner provided by law. These witnesses should not be persons who are designated to take property under your will.\nIt is necessary to follow exactly the technical formalities required for the execution of a will.\nMay a person dispose of his or her property in any way he or she wishes by a will?\n\nA testator, by his or her will, may make any disposition of his or her property not inconsistent with the laws or contrary to the policy of the state of Georgia. A testator may bequeath his or her entire estate to strangers, to the exclusion of his or her spouse and children. In such cases, however, the spouse on behalf of herself or himself and any minor children, may apply to the court for the part of the deceased's estate sufficient to support him or her and the minor children for 12 months.\n\nWhile any real or personal property may be transferred by a will, there are some particular interests in property which may not be transferred because of the right of the owner terminates automatically upon his or her death. A life estate and property owned in joint tenancy with right of survivorship are two examples.