what do i do if a lawyer is trying to take property feom a will

What happens to a will when a lawyer dies?

When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page. That attorney is more likely to pick up the probate than anyone else.

Should I put my Wills in my attorney’s safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance.

Do I need a lawyer to wind up an estate?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Should you hire a lawyer to draft your will?

In higher-stakes cases, you may want to hire someone through an attorney network or another channel. Some lawyers would strongly advise you never to draft your own will if you don't thoroughly understand what could be at risk. "I think it is a bad idea," says Danielle Humphrey of Hurley Elder Care Law in Atlanta.

What is a taking of land?

A taking could be complete, where the property and all rights connected to it are taken, or partial, where the government takes only a portion of a parcel of land (for example, land needed to widen a road or lay a cable). Easements (the right to use your property), such as utility easements, are also a form of taking.

What amendment protects private property?

To prevent the government from snatching privately held property, the Framers included the Fifth Amendment in the Bill of Rights, which provides that “ [no] private property [shall] be taken for public use, without just compensation.”. This has been interpreted to mean that the federal, state, or local government entity ...

What are the legal protections of eminent domain?

Legal Protections Within Eminent Domain Power. The concept of eminent domain predates the United States’s founding. Throughout European history, sovereigns have claimed the right to use any land within their borders. The American Constitution, written after the country escaped British monarchic rule, attempted to create some protections ...

Can property owners challenge the government?

It is difficult for property owners to challenge the government’s ability to take a parcel of land, as long as the government can make some rational argument for how the intended use will benefit the public.

Can you dispute the government appraisal?

Alternatively, you can dispute the government appraiser’s valuation, and hire your own appraiser. While you will still be forced to give up the land, you can at least sue the government and show evidence of why you believe the land’s value is more than whatever number the government offered to pay.

Can the government snatch land for free?

Put another way, the government cannot snatch land for free, or pay the owner only a nominal fee. Different states have placed additional requirements on eminent domain’s use, even beyond this foundational constitutional protection. The government’s taking must be for a “public use.”. Most commonly, this means that the government wants ...

What to do before drafting a will?

Before you begin drafting your will, it can be helpful to lay everything out with the assistance of a lawyer. This ensures that you don’t miss any key information necessary for fulfilling your final wishes.

How many signatures do you need to make a will?

As already mentioned, most states don’t require anything but three signatures to make a will legal. However, having your lawyer sign as a witness provides added assurance of the document’s legitimacy and leaves little room for later questioning.

What is another point a property owner may contest?

Another point a property owner may contest is the time of valuation. This can happen when the government unreasonably delays its acquisition of the subject property at the same time its actions substantially diminish the subject property's value.

How does the government take private property?

How the Government Takes Private Property. As the government makes its plans for expansion and improvement of publicly maintained roads and utilities, it determines which private parcels will be affected. Once it makes that determination, the government will work with its own appraisers to determine the appropriate price for ...

What is the relevant value of a property?

To the government, however, the relevant value is the property's market value -- what an interested buyer who is not obligated to buy might pay to an interested seller who is not obligated to sell. The valuation is also made as of a particular date. This is because property values can fluctuate over time.

What is the right of the government to take private land for public purposes?

The right of the government to obtain private land for public purposes is known as eminent domain , and this right derives from federal and state constitutions and related laws. The power of eminent domain allows the government to take private land for public purposes only if the government provides fair compensation to the property owner.

Can the government buy up adjacent properties?

For example, the government cannot buy up and condemn adjacent properties, destroy them or let them decay, and then lowball the remaining property owner once his or her own property value has fallen as a result.

What happens when you sell a home and have to pay off a judgment?

In most states, when a sale of property is forced to pay off foreclosed mortgages or judgment liens, the law provides homeowners with the right to protect from collection a portion of the equity in their residence.

Where do you register a lien against a judgment?

Usually, however, you register your judgment with the land records office in the county where the real estate is located. To find out what you need to do in your county, contact your local land records office.

How does a lien work?

Here's how the lien works: You record a lien against the judgment debtor's property and if he or she then sells or refinances the property, you get paid from the proceeds. Not all sales and refinances will yield money for you, however. Read on to learn the pros and cons of using a real estate lien to collect a judgment, ...

How to collect a judgment?

Here are a few advantages to using property liens to collect a judgment: 1 You are unlikely to push the debtor into bankruptcy. In general, when you collect a court judgment, you want to avoid aggressive collection measures that may push the debtor into bankruptcy. This is because most types of debts are wiped out in bankruptcy -- so you'll be left with nothing. Placing liens on property is a good way to minimize this risk. 2 They are cheap and easy to create. Collecting a judgment through liens involves little effort or expense.

What happens when you record a lien against a judgment?

When you record a lien against the judgment debtor's property, you have notified the world that the property owner owes you money. The lien attaches to the legal title of the property. No law requires that liens be removed before title to property is sold or transferred. But if the buyer needs financing or wants clear title, ...

Why do you want to avoid court judgments?

In general, when you collect a court judgment, you want to avoid aggressive collection measures that may push the debtor into bankruptcy. This is because most types of debts are wiped out in bankruptcy -- so you'll be left with nothing. Placing liens on property is a good way to minimize this risk. They are cheap and easy to create.

Do you get paid after a mortgage is paid off?

This means you don't get paid until after the mortgage is paid off, the homeowner gets the exemption amount, and anyone who recorded a lien ahead of you is paid. If there's enough equity in the property for you to get paid, you will. But don't count on it.

Stanley David Schnaare

Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a new attorney to finish matters.

Leonard Komen

I don't know you your attorney is so this is not presented in his defense, but as an explanation of the probate system. Your probate case is moving as quickly as possible under the law and he is not delaying it. First, the date your mother died is not relevant as to the time frame. The key is the date you were appointed.

What happens if there is not enough money in an estate?

But if it looks like there won't be enough money in the estate to pay debts and taxes, get advice before you pay any creditors. State law will set out the order in which creditors get priority, and it's not always easy to figure out how to parcel out the money. The estate won't owe either state or federal estate tax.

How many states impose estate taxes?

More than 99% of estates don't owe federal estate tax, so this isn't likely to be an issue. But around 20 states now impose their own estate taxes, separate from the federal tax—and many of these states tax estates that are valued at $1 million or larger.

Is probate easier in states?

Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn't contain a business or other complicated asset.

Do you need probate if you have a trust?

But you won't need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple "small estate" procedures.

Can executors wind up estates?

Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who's familiar with local probate procedure . But if you're handling an estate that's straightforward and not too large, you may find that you can get by just fine without professional help.

Can you transfer property without probate?

Most or all of the deceased person's property can be transferred without probate. The best-case scenario is that you don't need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death—you can't affect it now.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

Who is in charge of implementing a will?

Your state's requirements for a valid will. The first three items are your call. The person you put in charge of implementing your will— called an executor— should be a person you trust. However, state requirements may be strictly applied, especially if there's a challenge to the will. Those requirements vary, but generally, ...

Why is it important to have a last will?

You know having a last will is important—it protects your family and provides for your final wishes. Now that you're finally sitting down to write that will, be on the lookout for these common but easy-to-avoid mistakes.

What happens if you don't have a holographic will?

If you don't, you may still live in one of the 26 states that permit holographic wills. "Holographic" here means "handwritten," Sandoval says handwriting it is advantageous because the legal standard for validating a handwritten will is a little more relaxed, at least in California. This may help if you miss a detail.

What is a codicil in a will?

If you've had changes like this in your life that affect your will, you need to know how to write a "codicil," an addition to the will that adds to, revokes, or explains your choices. Writing your own codicil is as easy as writing your will on your own.

How many witnesses do you need to sign a will?

Those requirements vary, but generally, your will must be in writing; you must be at least 18 and mentally competent; and you must sign it in front of two to three (de pending on the state) adult witnesses who do not stand to inherit anything. Those witnesses must also sign.

Is it legal to write a will?

It's legal to write your own will, and given how much it costs to draft a will with a lawyer, a do-it-yourself approach might be a cost-saving choice. But you need to draft a will that's legal in your state and ensure it can stand up to scrutiny. Here's how to get started.

Can you lose a will in your attorney's safe?

If your wills are in your attorney’s safe, you do not have to worry about losing them. You may even be concerned that certain family members may go so far as to destroy your will to get a larger inheritance. If the will is in your attorney’s safe, that will not happen. In your case, this backfired.

Do attorneys keep wills?

A lot of attorneys offer to keep the original wills they prepare for their clients, at no charge. They do this so they can probate the estates of their clients. When a client dies, their children read the copy of the will and call the attorney whose name is stamped in big bold letters on the first page.

What happens when an estate takes money out of a bank account?

If an administrator takes the funds for himself, by taking cash out of the bank account, using the estate bank account for his own uses or depositing estate funds into a personal bank account, he commits larceny. New York Penal Law continues to say that “Larceny includes a wrongful taking, ...

What can an administrator do with estate funds?

The administrator should place all estate funds into an estate account. The administrator can only use estate funds to pay the legitimate expenses of the estate, taxes and legal fees. Whether you are a beneficiary who thinks that the administrator is taking money from the estate, or if you are an administrator and you feel ...

What is the legal term for someone managing money, including an administrator?

The legal term for someone managing money, including an administrator is “fiduciary. ”. [2] New York’s Estates, Powers and Trusts Law governs the conduct of an estate fiduciary, as well as a trustee and an agent under a Power of Attorney.

What is the law in New York that a person steals property?

New York’s Penal Law (the Criminal Law) states that “A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.”. [4]

Can an administrator child withdraw cash from an estate?

Can the administrator-child withdraw cash from the estate and say that he is just withdrawing his own cash? The answer to that is absolutely not . Even though the administrator is one of the beneficiaries of the estate account, at the end of the day the account is not his. The estate belongs to all the beneficiaries.

Can an administrator be removed from a case?

The administrator can be removed by the judge on the case. The court will force the administrator to return the money. The court might order the administrator to pay for his own attorneys’ fees as opposed to using estate funds to pay for his attorney’s fees. The judge may even order the administrator to pay the beneficiaries’ attorneys’ fees.

Can a surrogate use an estate account as a bank account?

Similarly, the administrator cannot use an estate account as their personal bank account. As explained above, doing so is stealing and can lead to an array of legal woes.

Why You Might Want to File Your Will with A Lawyer

See more on blog.theuswillregistry.org

Who Needs to Be Present For Signing?

How Can The U.S. Will Registry Help?

How Does A Real Estate Lien Work?

How to Get A Real Estate Lien

• The procedures you must follow to create a lien against the judgment debtor's property vary by state and locality. Usually, however, you register your judgment with the land records office in the county where the real estate is located. To find out what you need to do in your county, contact your local land records office. If the real estate is joi...

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Advantages of Property Liens in Collecting Judgments

State Laws on Judgment Liens