Jul 04, 2021 · 1) Petition the court to be the estate representative. The court will require the petitioner (person asking the court to appoint an official representative ) to fill out specific forms. These forms can (with the help of EZ-Probate) be filled out by you. It will be the basic "Who, What, When, Where," types of questions.
Apr 17, 2018 · Perhaps you want to care for an aging aunt, uncle, or parent and want guardianship so you can help make their decisions with them. Either way, this is a common question. Thankfully, the answer is yes, but it is not that simple. While you do have the right to file for guardianship without a lawyer, it is not advised for many different reasons.
Dec 13, 2012 · While many insist that their siblings all get along and there is no need to hire a lawyer, the reality is that the dynamics change between the siblings once the parents die. The money associated with an inheritance can further inflame fractured relationships between the siblings and make serving as a personal representative a thankless task.
Mar 29, 2019 · If you and another parent have a child together and are in a disagreement about where the child should live and who will care for the child, you may need to file a child custody case in order to resolve these disagreements. Filing for child custody can be done without an attorney so long as you have helpful instructions and solid resources.
There is no magic age number when a child can decide who to live with under North Carolina law. When a child turns age 18 and becomes an adult they can choose to live wherever they want, but before then a judge can dictate where that child must live.Jul 23, 2018
18Can a Child Refuse Visitation in North Carolina? When someone asks "what age can a child leave home in North Carolina", the answer is 18. The age of majority in North Carolina is 18 years old and this means your child custody order governs visitation until a child turns 18 or is emancipated.
You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.
When there are no court orders in effect, both parents have equal rights to their child(ren). It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
Judges like to keep siblings together if they can; that's important. Judges will also consider the preferences of a child. If a child is old enough and mature enough — and usually that's in the 10, 11, 12 age range — then the judge will hear from the child.
According to North Carolina law, if a parent violates another parent's custodial or visitation rights by keeping the child away from that parent, it is considered parental kidnapping. This is the result if a parent simply refuses to return the child, and when a parent flees with a child.
6 consecutive monthsAbandonment. A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated.
Mother. According to family law, the mother automatically gains custody of the child if she is unwed to the father. There is no need for unwed mothers to take legal actions to fight for the child's custodial rights, even the decision to determine the father's role in their child's life.6 days ago
In California, unmarried fathers can legally take child custody away from the mother if they prove in court that the mother is unfit to care for the child. In these instances, the judge may award sole or primary custody to the father.Sep 3, 2020
A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.
So your parent may use it to grant you a comprehensive set of powers to help out while he or she is away from home for extended periods of time or needs your assistance due to other reasons, such as physical illness or disability.
Having financial power of attorney means having the authority to access and manage another person's monetary and/or property assets. As an agent with financial POA, you have the right to make certain kinds of financial decisions on behalf of the principal (as long as they are in his or her best interests). For example, your parent might give you the authority to pay bills, file taxes, make and manage investments, transfer money between different bank accounts, handle insurance claims, collect outstanding debts, sell or rent out property, or deal with retirement pensions and government benefit programs.
Essentially, the difference between a "general power of attorney" and a "durable power of attorney" is that a general POA terminates when the principal is deemed to lack capacity, whereas a durable POA stays valid beyond that point.
Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.
The duty of a power of attorney agent is to always act in the best interests of the principal.
A POA document is generally a written agreement between two people: (1) the principal (sometimes called the grantor) and (2) the agent (sometimes called the attorney-in-fact). The agent is the person appointed to act on behalf of the principal. So your parent (the principal) can grant you (the agent) certain powers of attorney.
Unlike most other types of POA documents, a springing POA agreement doesn't take effect until a specified date or a particular event takes place. For example, your parent may not want you to have any authority until he or she becomes incapacitated or turns a certain age.
You need to understand that even if you start the process as completely uncontested, it may not stay that way. There are many types of guardianship, which can make the process a bit more difficult. Sometimes you have an unexpected situation come up where you need to file for guardianship.
There are many people who may get involved before the entire process is over. Some people may think they deserve guardianship over you. Other people may believe your home or lifestyle does not pose the best situation for the person.
Even in estates where the tax percentage is zero, the tax return must still be filed. Make an error on the return, such as missing a deduction, the early tax payment period, or overstate the tax due, and you’ll cost the estate money. 3. Mismanagement of the assets.
Using a lawyer to represent the personal representative reduces the risk of administrative error and helps maintain civility amongst the beneficiaries. Given the potential pitfalls in an estate administration, it is generally not worth the savings on legal fees when one attempts to do it on their own.
3. Mismanagement of the assets. One of the personal representative’s responsibilities is to secure and protect the estate assets. A personal representative risks charges of negligence if stock is not sold in a timely manner before it drops in value.
However, probate – the court monitored process of distributing the assets of a deceased – can become a headache for the inexperienced. There are those who think that probating is just a bunch of paperwork that can be acquired on-line.
At the end of the administration of the estate, the personal representative must account to the beneficiaries, setting forth the value of the assets at the start of the administration, any gains or losses during administration, debts of the decedent and estate and costs of administration, among others.
The personal representative of an estate (executor or administrator) is a fiduciary, a legally appointed representative who is responsible for managing the estate assets for ultimate distribution to the beneficiaries.
There are those who think that probating is just a bunch of paperwork that can be acquired on-line. As an attorney who has probated hundreds of estates, take my word that the complex and frustrating issues that arise in estates go way beyond filing paperwork.
Go to mediation. In some states, the court will require you and the other parent to take part in mediation prior to going to court to resolve your custody issues. Mediation gives parents an opportunity to work out their disagreements outside of court and allows the parents to have a bigger impact on the decisions that are made. In mediation, both parents will meet with an expert mediator and discuss their disagreements in an attempt to come to an agreed upon solution. If you and the other parent come to an agreement, the mediator will help you draft a parenting plan and that plan will then be submitted to the judge for approval.
After you have filed your request, the clerk of courts will schedule a court date and provide you with that information. In some states, the clerk of courts will also schedule a mediation, which will take place either prior to or in conjunction with your court hearing.
1. Fill out the required court forms. In order to request a custody hearing, you will have to fill out a request for an order. This form will require you to divulge information including your request for custody and the facts supporting your request.
The court order is a document with the judge's decision and this document will set out exactly what the custody arrangement will be and how it will be enforced. You and the other parent will be required to follow this order or risk legal ramifications.
Summons. The summons is a document you will attach to your petition and it informs the other parent that they are being sued. The summons includes important information about responding to the family law case you are about to file.
In some states (e.g., Michigan), your answer must also be served on the other party at least five days before the hearing if you provided service through the mail, and at least three days before the hearing if you have the other party served personally. For more information about serving another party, look here .
File your forms. Once your forms have been reviewed and you have determined they are ready to file, you will want to go to your local courthouse to file them. At the courthouse, file your forms with the clerk of courts. The clerk of courts will take possession of your forms and will require you to pay a filing fee.
You have received some very good responses. The only thing I will add is that many attorneys would be willing to look over changes you are looking to make and give you specific advice about how to go about getting an order to the Judge for a modest amount. Many will take payments over time as well...
I agree with my colleague. If you cannot afford to retain an attorney to represent you through the entire case, I strongly recommend that you work with an attorney who can help you review any agreement that is made to make sure that everything is done accurately/correctly. More
Changes to an existing custody order requires the attention of a Superior Court judge. Every parent in Georgia has the right to petition the court for an appropriate change, and to show the court that the situation meets the legal requirements.
If you do proceed without legal counsel, you must first file an application or petition with the court to open probate, along with the will and the death certificate. In some states, either you or the court must publish a notice to interested parties that the estate is about to enter probate.
The decedent didn’t leave enough assets and cash to cover all his debts. This is an insolvent estate and you could be held legally liable in some states if you pay the wrong debts from what cash and property is available. The estate owes state or federal estate taxes. Your state hasn’t adopted the Uniform Probate Code.
The deceased didn’t leave a will. This is called an intestate estate and can involve more complex probate rules. The beneficiaries and heirs are bickering and unhappy. There’s a possibility one or more of them might challenge the will. The estate doesn’t qualify for any of the simplified proceedings that are available in most states, ...
Your final responsibility is to distribute the deceased’s remaining property, after all debts and taxes are paid, to the beneficiaries named in his will. Most states require that you get court approval first. You’ll probably have to file a final accounting, explaining everything you did on behalf of the estate, and provide receipts and bank records for the transactions. Once the debts are paid and the property is distributed, after your final accounting is filed, the court will likely close the case and you'll be relieved of your duties.
The estate owes state or federal estate taxes. Your state hasn’t adopted the Uniform Probate Code. The UPC usually makes the probate process easier. If you start probate proceedings then discover that you’re in over your head, you can hire an attorney mid-process – it’s not too late.
The judge will authorize you to act as executor. You'll then need a tax ID number for the estate from the Internal Revenue Service – the estate can’t transact financial business under the deceased’s Social Security number after his death.
Documents Needed to Probate a Will in Pennsylvania. No state requires that you hire an attorney to guide you through the probate process if you’ve been named as executor in someone’s will. This doesn’t stop some counties from requiring it, however. Before you head to the courthouse with the will in hand, make an honest assessment ...
However, what happens if no probate is filed for the estate is you will not be able to legally transfer title of any assets that exist in the decedent’s name.
If you knowingly fail to file an existing will, you could be liable in both criminal court and civil court for damages resulting to any party who would have benefited from the estate.
But if previous actions haven’t been taken, failing to file probate documents could create a legal quagmire with unfortunate consequences.
2. Heirs could have legal claims against you. If the decedent died without a will but had assets, those assets cannot be lawfully distributed without the probate process determining the appropriate priority of inheritance through the state’s intestate succession laws.
Legal title to assets could be clouded. If the decedent held assets — such as a home, a car, or a retirement account without a named beneficiary — those cannot be passed on without court approval through the probate process. 2. Heirs could have legal claims against you.
Requirement to file a will. If you are aware that someone has died with a will, regardless of their financial situation, most states require that you file that will with the probate court. Filing a will isn’t the same as filing probate documents (which include a Petition for Probate). Filing a will is just that—filing the will.