As they have lived there so long and established residence, the homeowner will need to serve them a 30 day notice to quit. If they don’t leave after this, the homeowner can file for eviction in the Justice or County Court.

However, without a will, the child will become a partial owner... View More

I am so very sorry for your loss. I get asked this question very often, and the answer is "no." A power of attorney immediately stops having any power whatsoever, and, you, as agent under a POA, cease to have any authority, the moment that the person who granted the power of attorney... View More

Yes, you should redo your will. A will created under Florida law may not be effective in Georgia, which could cause issues when probating your estate. A simple estate planning package in Georgia is relatively affordable. It costs about $500 for a will, durable power of attorney, and medical... View More

Your Florida will likely works, but a Georgia-formatted update will streamline probate and adjust for any state-specific nuances. Georgia probate judges strongly prefer wills that meet Georgia’s self-proving format. With a FL will, a witness may have to testify, an avoidable delay and cost.... View More

Generally, unless specifically forbidden by the Power of Attorney, as a power of attorney (POA) representative for your mother, you are generally allowed to accompany her to a legal consultation about revising her will, provided there is no conflict of interest between you and your mother or among... View More

Unfortunately, an estate community property is not subject to usucapion by anyone of its commoners. Nevertheless, your father can go before a court of law to request partitioning, distribution, and liquidation of the community estate. He should retain the services of an engineer to prepare a plot... View More

You probably should start with your father and see if he can/will provide this information. If he is unable/unwilling to voluntarily do so then I suggest you seek a legal consultation with an attorney in your area to discuss how to proceed which could include filing paperwork to bring your father... View More

If you’re not named in the will, and you’re not listed as a joint tenant or a designated beneficiary (such as a transfer-on-death beneficiary), on his financial accounts or life insurance policies, then you have no legal right to inherit under his estate plan or property titles. Unlike many... View More

Benjamin Z. Katz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2025

It is not clear from your description whether you are the Administrator and what function the court appointed attorney serves. If Letters of Administration have been issued to either you or someone else, that individual may petition the Surrogate's Court to establish a trust for your... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 7, 2025

I'm sorry you are navigating this at such a difficult time. Losing a child and handling their affairs afterward can feel overwhelming, especially when dealing with financial institutions and the legal system.

Under New York law, when someone passes away without a will and without a... View More

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2025

As a beneficiary of an irrevocable trust in California, you absolutely have the right to review the trustee’s accounting. Trustees owe you a duty of transparency and must provide accountings that are detailed enough for you to understand what they’ve done with the trust assets. Under California... View More

If your father is no longer mentally competent, you can petition to be appointed as his guardian. If he is mentally competent, he can legally spend his money however he wants, including buying junk food for a younger girlfriend and those living with her. APS investigates allegations of elder... View More

Your parent should not transfer her real estate until she understands all the tax consequences of doing so — including both capital gains and property tax consequences of such transfers. You are wise to tell your parent that she needs a trust so her children (including you) will not have to spend... View More

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2025

By joint tenancy, I understand that there was a right of survivorship, meaning that after your father’s death, his share automatically passed to the surviving joint tenants – your mother, you, and your sibling – in equal shares.

However, your question raises a few important points... View More

You are not alone. Thousands of Minnesotans seek affordable divorce options at any given time. Attorneys consider several factors in determining there fees. Although your income is one factor, the complexity of the case and your assets will be others.

You may look into limited-scope... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2025

Is the POA for you? If so, then revoke it in writing before a notary. Make several originals and give the revocation declaration to any concerned persons/firms that have your property or might dissipate/transfer your property. Do this now before she takes everything. In any event you... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2025

Unless the real property is no longer in his name, at least you and your Sister are his heirs at law. You need to search the titles on the properties, and if the Decedent owned them, check on the taxes. An Affidavit of Heirship might become you and the other heirs source of title.

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2025

I'm sorry you and your children are experiencing such a distressing and unstable situation. Being threatened with eviction, especially after standing up to abuse, can be overwhelming. In New York, your legal options will depend on the status of the property ownership, your current legal right... View More

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2025

In a California trust or probate case, you can generally submit only the relevant pages of a subpoenaed document as exhibits. There is no specific California Rule of Court that I know of requiring you to submit the entire document if only part is relevant. However, under Evidence Code section 356,... View More

If I were the lawyer reading a response to a subpoena where only part of a document was submitted, I might wonder why the entire document wasn’t submitted. What are they trying to hide? Also, what a non-lawyer thinks is responsive or relevant may not be what a lawyer thinks is so, and vice versa.... View More