619.741.0111 | KimWard@ProbateAndTrustHelp.com | ProbateAndTrustHelp.com
Has your loved one passed away and you’re now trying to settle the estate during a family dispute over property? Sometimes it can be hard to navigate inheritance issues with siblings and to know what the inheritance rights of siblings are. Come along with me and I’ll explain some of the probate problems I’ve faced in my time as a Certified Probate Real Estate Advisor and when taking siblings to court was necessary.
Here at Horizon Real Estate we care about helping you, as the estate executor, administrator or trustee. We want you to feel comfortable throughout the probate process, and to help you get the most money quickly from your estate house or trust property.
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Have a probate house or house in a trust and need guidance on how to prepare and sell? Think of this channel as your real estate resource.
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I’m a full time REALTOR in San Diego, California with Horizon Real Estate. I’m an expert at helping executors, administrators and trustees with probate houses and houses in a trust. A wife, mom to three grown sons and a daughter, plus She-she (that’s my grandma name) to the two cutest, smartest and busiest kids.
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I am NOT a lawyer or tax professional. The presentations reflect my own understanding of the underlying subjects. However, the presentation is based on my professional experience in the field of real estate. The information contained herein should NOT be used as a substitute for the advice of an appropriately qualified and licensed attorney, tax professional or contracted real estate agent/broker. The information provided here is for informational purposes only. You should consult with a professional to seek legal advice regarding your exact circumstances.
If you want to talk with me about San Diego real estate, fell comfortable calling me at 619-741-0111 or email me at KimWard@ProbateAndTrustHelp.com
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out of 7 siblings, my dad is the only sibling in his family that did not receive land inheritance. the worst thing is his siblings kept it from him. he did not have any idea that his siblings divided the land and did not give him his share. I talk to an attorney friend about and the told me that it was mandatory that my dad gets a share of the land and the fact that his sibling were able to execute the transaction meant that his signature has been falsified to make it look like the transaction was legal
My mom is 80 years old and me and my 52 year old brother are her only two kids. My brother lives out of state, but I live 15 minutes from her. She has a living trust and put me down as the executrix and my brother is listed secondary & would take over that duty if I passed away. Now he is trying to convince Mom to remove me and put him as the executor. Something in my spirit is churning about that. Why? Because he only comes to see her once a year for no more than 3–4 days and usually 2 of those days are partially consumed by him driving in, and then driving home. Lots of that time, he is gone catching up with his friends and does not spend much of that time with her. He has plenty of time to come see her more than once a year, and for a longer period of time than just a few days, especially if he’s going to be gone much of that time catching up with his friends. I say this because he only has to work part time, and money & free time is no problem for him because he has no spouse (never married,) no pets, & no kids, & is frequently traveling all over the US and out of the country for pleasure. And many of his pleasure trips last for a week or more. The 7 hour drive to see her, is not an excuse because he does long drives out of state for his pleasure trips. She has not seen him on Thanksgiving, her birthday, or Mother’s Day for decades, so it seems to me that he only comes to see her at Christmas & only for a few days as an obligation, rather than out of a true desire to spend time with her. His lifestyle/morals are opposite mine and hers which is another concern. These are the reasons that I have great difficulty trusting that he would have her best interest at heart in how he handled her money, her healthcare, & her quality of life. My gut instinct is that this would turn out badly for her if I was given no say so at all in the trust duties, & in how her financial matters were handled while she’s living.
Does anyone know if it would work out with him and me being in different states if she were to have her living trust rewritten to have us listed as co-executors to where we both had equal say so in her financial matters and healthcare? I would feel much more comfortable doing it that way, rather than him being given total control, because I do not see him as having a close relationship with her to have her best interest at heart. He is good with finances, but he’s never taken care of anyone except himself, not even a pet!
I welcome input, especially from anyone who has gone through a similar situation with a similar type of sibling.
So I'm enrolling in school and it's assuming I have an 1065 or k1 or something, only thing I can think is my GMA passed and left her estate etc to my aunt and my mother, unfortunately my mother passed shortly after so idk what happened to her share, if it went to my sis and she cut me out but I'm confused and dont know how to proceed.
Thanks to say like that
Hi Kim! I was given 50% of my Aunt's home along with my uncle. My other Aunt and uncle(50% owner) have hired a Probate attorney and have not disclosed any of the contact information or details of their conversations. I feel they are trying to exclude me! What advice can you give me so that I'm not taken advantage of?
I have a situation where there are 4 siblings. I am one of them. My parents house is paid for and worth 450,000. My brother is living in it and won't move out. He is 62 and doesn't work. He drinks hard liquor daily. He sold a lot of things and pocketed the money including a car and all jewelry that was suppose to be given to a piece to me and one to my other sister. They are gone and we will never get them back. One of my sisters is trying to talk to him to get the home sold and approcahs him kindly and he starts calling her names. I feel like there is literally nothing we can do and he is very combative and the name calling is off the charts. We just want to get the home sold and split it 4 ways. Its listed in all 4 our names at the county. I don't even have a key to the home but my other sister does. I don't even feel its safe for me to go over to the home. I would like to get my portion for the benefit of myself and my family and that is what my sister wants too.
Can you please help me to resolve the problem I do have my boyfriend's passway leaving as the beneficiary on fidelity but I am not able to get a dead certificate his family will not let me have one?
Fidelity is not providing a letter to prove that I am the beneficiary.
No lawyers want to take my case.
What should I do?
Quick update…thought things were on track with my aunt. Then received notification that she and the probate attorney parted ways. She says it was because they were forcing her to use them to sell my grandfather's home and demanded she not use the real estate agent she had hired. She informed me that she hired a new attorney but the court says they have no filings with new council. Ladt night she had the Estate sale and apparently stated she was giving my grandfather's 4wheeler to her grandsons. Can she do that? I am back to feeling really suspicious, esp with no lawyer now?
My brother lied to my elderly Mother told her that putting house title half in his name was for escrow and save money when she passes away. So at this time I don't think she even realized he is really 1/2 owner what can I do my other brother doesn't know what was done and I found out 6 months ago just don't know what to do the brother 1/2 owner has a wife that drug my mother all over during pandemic and after she had gotten out of the hospital from us almost loosing my my mom the sister in-law even lied and said she was her daughter.
Any advice?
MASSACHUSETTS PROABTE COURTS ARE SOOOOOOOOOOOOOOOOOOOOOOOOO CORRUPT THAT THEY DO NOT CARE ABOUT ANYTHING BUT THEMSELVES!
I rather give them nothing
I live in Toronto, Ontario. Canada. I think some of the general laws are the same in U.S.A and Canada.
My mother just passed away 2 weeks ago, and she signed a Will that the house be sold and her half of the house be shared amongst all the siblings equally,the other half of the house is my father's. And she said one she dies then all siblings can get a copy of the Will, how do I get a copy if the one in charge on the Will won't give me a copy?
I attended the probate hearing yesterday via Zoom for my grandfather's estate of which I am a beneficiary. I thought it would be simple and to the point in validating his Will and appointing my aunt as Personal Rep. But the attorney asked for a continuance because notification sent to my cousin in rehab was sent to her old address and received back "returned to sender". My aunt was well aware of where to send the notification but nonetheless the attorney also stated they wanted to also file an amendment. What could that possible be??? My grandfather's Will is very straight forward but my aunt is has behaved in a way that had made me suspicious of her intentions. She has mentioned having a "evaluation" done of the home and has received two offers, both of which would allow her to stay in the home. This may make her prone to do what is best for her situation and not for the best interests of the beneficiaries. I have asked the probate attorney for details of the amendment and an itemized accounting of the Estate. Is there anything else that I should ask for or address?
My mother in law passed away my husband did not know that she have two life insurance policy,on the first policy my husband is the beneficiary, but on the second one is my mother in law's brother but he already dead,she died in the nursing home and my husband sister is the conservator for her so the life insurance company send form to my husband sister and file up the form so that she get the money .My question is since the second policy goes to my mother in law estate and my husband is the beneficiary of the first policy do he need to required to deposit the money that he get ,because her sister want to deposit all the money to my mother in law's account since she is the conservator or my husband have the right what ever he want to do to the money that he get?
Very helpful, thank you very much!
Thank you. If issues of probate date are late can beneficiaries still qualify to inherit in England?
Ok I'm back , what about , she sold her 20% to an investor, telling us at last moment , after we offered to buy her out. Now the investor recorded the deed. Isn't that Fraud? Can he do that ? We do have our nephew court appointed as fudiary.
So i live with my parents and they have decided to give the home to all 3 of the siblings. athe eldest sibling lives overseas is unemployed and renting, and 2nd sibling is unemployed & renting (whom wants to stay in the home for free), and myself i am single own my own home, financially stable own a business. What solution do you see best with this situation? i suggested we sell the house and split the funds 3 ways but the unemployed sibling wants to live in the house for free which makes it hard because she is unable to buy me and my other sibling out. my parents said they still want to give the house to all 3 of us without causing any problems but as you know 1 sibling feels entitled to it all. So im just stepping away for awhile to get some advice. I feel like im the only one that has the money to buy my siblings out there share of the property as the worst case scenario is to sell the house and split 3 ways.
Should my husband get an attorney his father just died as of today and there was no will there is no mother or spouse to worry about she is already passed away but the siblings are fighting and one of them has taken it upon their self to be the executor of the estate and did not inform the other siblings of the death until after he had already started to control everything if we got a lawyer would we be able to stop that because the one that has taken over is not his biological child it was the child of his deceased wife and his biological children are the ones that should be able to control this estate if we got a lawyer would they be able to overturn this? Someone please respond soon as time is running out and what kind of lawyer do I need to seek out?
NOT IF THE LEGAL HEIRS ARE 100 % ELIMINATED IN A INTESTATE SITUATION! THERE WAS NOW WILL AND THE PROPERTY, AND AL $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ WAS TOELN VIA A LYING HEIR!
ONE SIBLING IN MY FAMILY LIED TO THE MASSACHUSETTS CLAIMING HE WAS AN NLY CHILD . THE SIBLINGS WERE NEVER EVEN NOTIFIED THAT HE DID THIS! PROBATE COURT TOOK HIS WORD AS DID THE (2) LAWAYERS AND BOTH THE SIBLING NAD THE LAWYERS TOO K EVERYTHING !
Hi, my grandmother died this year without a will in CA and my mom has 4 living brothers, is there any way that my mom can keep the home for herself since she always lived with my grandma and took care of her, and to this day she’s still paying the mortgage?