Really making some guesses here, but a deed doesn’t have to say “$10 and other good and valuable consideration.” It can be “granted per terms of ___ Trust” or “gift per Will probated . . .”
If your father died and left all to his wife, then you are not automatically entitled to anything from either estate. A will effectively transfer property at death; it does not continue to transfer property down the line after others die. If stepmother’s will were challenged, you would still not be an heir to her [...]
As to the “stuff” this is a classic case of what I call the “pickup probate.” Which means: the first one to the house with a pickup wins. Cruel, but true. Yes, you can sue your grandparents and uncles, but pursuing such a case won’t be worth it unless the stuff includes some very valuable [...]
$1500 is a fair rate. You might find someone cheaper, or who would take payment in installments or see if the attorney would accept credit cards. You don’t explain why you need to probate your mother’s will, so I don’t have the information to tell you if less expensive probate alternatives are available.
It is split between wife and child. The exact percentages depend on the type and nature of the property, so you need legal advice.
In Texas, the answer is simple: this is not a valid will.
You have to think on the negative side to determine which attorney is best for you. The worst thing that could happen is that you get prosecuted for elder abuse or, more likely, get sued for breaching your duties on your power of attorney. If you feel you might be prosecuted, you need a criminal [...]
You need to establish the heirship of your mother’s estate. The 401k administrator will probably not accept anything less than a full court ordered Declaration of Heirship. You need to retain an attorney who practices in Probate in the County where your mother resided at the time of her death. Once you explain the full [...]
The house won’t be yours unless your mother leaves it to you in a will or you are her sole heir. POAs do not authorize you to use your mother’s assets for your personal benefit. If your mother needs the equity of the house to pay her medical care, you would be obligated to sell [...]
You’re focused on the mortgage, but you need to focus on the title. My question is, “why is the house only in the husband’s name?” If that is because he acquired it before marriage (likely) that means it is his separate property. If he dies without a will, then that property will be owned by [...]