Such a question would be decided upon solely by the judge overseeing the Probate Court case.
Can I Sell or Transfer the Land Contract Property I Bought?
A Land Contract can be sold or assigned to a third party purchaser — assuming that the terms of the Land Contract itself permits such an assignment or sale.
If Only One Equal Share Partner Signs a Contract for the Business, is Any Advantage Gained by That Partner?
Once a General Business Partnership Agreement is written and the business established, most contractual business should be done thereafter under the name of the General Partnership.
How Does a “Special” Warranty Deed Affect the Sale of My Property?
A “Special” Warranty Deed is used in limited circumstances and, in most cases, it limits the nature of the title transferred.
Which Last Will and Testament is Valid If Two Different Signed Documents Exist?
The Probate Court will review each Last Will and Testament document presented before it, and make the determination as to which Will is valid and in force.
Must a Will Remained Sealed Until the Time it is Read?
A Last Will and Testament does not need to be sealed, nor remain sealed, to be legal and valid.
Can I Create a Power of Attorney Document to Cover Both of My Parents?
Standard Legal suggests that SEPARATE Power of Attorney documents be created for and signed by each person individually — even for long-time married couples.
What Happens to Family Property Not Listed in a Trust if No Will Exists?
If property is not properly transferred to a Living Trust (known as “funding” the trust), then the property must be administrated by a probate court in order to be property distributed to the heirs.
If My Name is On the Deed to My Recently Deceased Parents House, Does Their Will Stating Distribution to All Siblings Override That Deed?
Only property that is wholly owned by the decedent at the time of his or her death will be handled by a probate proceeding, regardless of any provision in a Will.
If One of Multiple Named Attorneys-in-Fact Dies, is the Power of Attorney Document Still Valid?
“Ask Standard Legal” cannot state if an existing Power of Attorney document is still valid after the death of one of the persons named “Attorney-in-Fact”. A full review of that document would be required to see if any provisions of the document address what happens should one of the named Attorneys-in-Fact dies.