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AV Preeminent Peer Rated Attorneys
Glenville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Glenville 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).
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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.

How do I get money from my mother's account if I am the beneficiary?

Answered by attorney Monica H. Donaldson Stewart
Estate Planning lawyer at Donaldson Stewart, P.C.
The answer to your question depends on several factors. For example, are you named as the "pay on death" beneficiary of the account? If not, did your mother leave a Will? Are you the only beneficiary of the estate? If there is no Will, the size of her estate may affect whether you will need to open a probate to collect the account or whether you can do a simplified proceeding. I recommend you speak with a probate attorney to discuss the answers to your questions and determine your options.
The answer to your question depends on several factors. For example, are you named as the "pay on death" beneficiary of the account? If not, did your mother leave a Will? Are you the only beneficiary of the estate? If there is no Will, the size of her estate may affect whether you will need to open a probate to collect the account or whether you can do a simplified proceeding. I recommend you speak with a probate attorney to discuss the answers to your questions and determine your options.
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What do we do as their children to claim some type of ownership to this property?

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Answered by attorney Richard Eldon Blasco (Unclaimed Profile)
Estate Planning lawyer at Richard E. Blasco, Inc.
If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property. Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above. Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.
If your father who passed away 25 years ago is still owns an interest in the home, then it appears that your grandmother's estate was never probated, or if probated the title to the home was transferred by the court to your father and your uncle. It sounds like title to the home that was in her name was to be pass to her sons (presumably 2, your dad and your uncle.) Whether this was done and completed needs to be investigated. You need to obtain a preliminary title report to verify who is on title and all other liens on the property. If you father is on title, and there is equity in the property, then you need to, through court proceedings, clear title to the property. Before you spend the money clearing title however, you need to look into the economics of who is in possession of the properety, who is using the property, who is paying the real estate taxes, who is paying to clear the title, etc. Presumably title to the property is most likely to be, or is, held by your father and your uncle as tenants in common. If you uncle has resided on the property and pays the real estate taxes and expenses, he cannot obtain title by adverse possession from another covenant. However, there are credit and debit adjustments that need to be made to reflect use of the home and the payment of the home expenses referred to above. Before you start to spend any large sum of money to clear title, you need to have fully investigated the current title and performed the economic analysis discussed above.
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What can I do to prevent my mother's husband from acquiring her house?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
She would need a new deed from her and her husband to her and her husband, but specifically creating tenancy in common rather than tenancy by the entirety. And yes, use a lawyer. Figure the value of getting this right compared to the cost of a couple of hours of legal work.
She would need a new deed from her and her husband to her and her husband, but specifically creating tenancy in common rather than tenancy by the entirety. And yes, use a lawyer. Figure the value of getting this right compared to the cost of a couple of hours of legal work.
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