AV Preeminent Peer Rated Attorneys
Eckley Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
AV Preeminent Peer Rated Attorneys
Eckley Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Eckley Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 117 Main Avenue, Akron, CO 80720

  • 120 E. Denver St., Holyoke, CO 80734-1514

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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Is it illegal to occupy a house that is in probate?

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Answered by attorney Phillip Gustavo Day (Unclaimed Profile)
Estate Planning lawyer at Law Offices of Phillip Day, P.L.
Whose name is on the deed? If it's your mother's property, why would that be any different if it were your neighbor's property? You have as much right to stay in your deceased mom's estate as you do the neighbor's which is zero right. The property is owned by someone other than you. Having said that, is there a way to legally live in there.maybe. Arguably, if you are appointed the personal representative by the court you could occupy the residence for a small period of time on the basis that you are preparing it for sale and that you can do it cheaper than hiring a bunch of other people to do it. But you better be doing that, because your siblings, assuming they are beneficiaries, are entitled to a fiduciary obligation by the personal representative that you are doing all you can do to protect their interest in their inheritance. Now I wouldn't advise you to do this. Instead, you need to first figure out where the will is, file it with the court, get an attorney to probate the estate and file a petition for determination of homestead and get the property distributed accordingly. You have a lot to do before you can even begin to consider taking possession. So to answer your question, yes, if your name is not on a deed, lease or some other instrument giving you the authority on the property, then it is illegal.
Whose name is on the deed? If it's your mother's property, why would that be any different if it were your neighbor's property? You have as much right to stay in your deceased mom's estate as you do the neighbor's which is zero right. The property is owned by someone other than you. Having said that, is there a way to legally live in there.maybe. Arguably, if you are appointed the personal representative by the court you could occupy the residence for a small period of time on the basis that you are preparing it for sale and that you can do it cheaper than hiring a bunch of other people to do it. But you better be doing that, because your siblings, assuming they are beneficiaries, are entitled to a fiduciary obligation by the personal representative that you are doing all you can do to protect their interest in their inheritance. Now I wouldn't advise you to do this. Instead, you need to first figure out where the will is, file it with the court, get an attorney to probate the estate and file a petition for determination of homestead and get the property distributed accordingly. You have a lot to do before you can even begin to consider taking possession. So to answer your question, yes, if your name is not on a deed, lease or some other instrument giving you the authority on the property, then it is illegal.
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What can be done on an incorrectly filled out title?

Answered by attorney Christine James
Estate Planning lawyer at James Law Group
Make an appointment with the DMV, take the paperwork you do have, and ask the DMV representative how to best complete the transaction. I would guess they can give you some paperwork for the wife to sign that you can mail to them to complete, but the DMV can best advise you on this.
Make an appointment with the DMV, take the paperwork you do have, and ask the DMV representative how to best complete the transaction. I would guess they can give you some paperwork for the wife to sign that you can mail to them to complete, but the DMV can best advise you on this.
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Can my brother sell a property without letting me know even if I’m the one who has the power of attorney?

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Answered by attorney Victor L. Waid (Unclaimed Profile)
Estate Planning lawyer at Law Office of Victor Waid
Suggest you obtain the services of a probate litigation lawyer to advise your brother to stop his actions as you hold the POA as to your mom's financial transactions, and to advise him to not be bothering your mother who has dementia, as she does not have the mental capacity to know what she is doing. You may want to inquire of the lawyer about obtaining a conservatorship on your mother as to her person and estate, and have you appointed as her conservator.
Suggest you obtain the services of a probate litigation lawyer to advise your brother to stop his actions as you hold the POA as to your mom's financial transactions, and to advise him to not be bothering your mother who has dementia, as she does not have the mental capacity to know what she is doing. You may want to inquire of the lawyer about obtaining a conservatorship on your mother as to her person and estate, and have you appointed as her conservator.
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