Probate

[jude11142]

What is the name of your state?What is the name of your state? CT
This is what happened at the last probate hrg, re: quit-claimed property while I was conservatrix: We all agreed to having me sign back the house to fil and at the same time, have my fil then sign the quitclaim back to me. The voluntary conservaship was dropped. I was told that now because he is not being conserved, it will be legal for him to give/sell do whatever he wants with his assets. What I'm confused about now, is that I was told to get a lawyer who will file the quitclaim. When I asked why can't they do it? I was told that they were too involved and it wouldn't be right for them to do it??? I was given a quitclaim form along with conveyer form and was told that all I have to do is give this to the lawyer and have them sign it, and then to bring it back to original lawyer and they will file it. My lawyer is holding the quitclaim that I signed until I get the other one signed. They told that judge that they were going to do this all at one time. Meaning for approx 2minutes the house goes back to fil and then next minute or the time it takes to file it, it will go back to my name. All this has cost my fil thousands of dollars and I can't believe that we now need another lawyer, which means more money.

Question #1...Is it true that the lawyers involved can't do the filings of both quitclaims?


Question #2 ...I was told by my lawyer to put either my name or my husbands name on dads bank acct and once the house is quitclaimed back to me legally, that there will be nothing to probate when my fil passes away. Is that true?

Question #3...FIL signed a new will recently with a lawyer. If bil is left nothing, is he able to contest the will? Does it mean anything if fil leaves $100 to bil? Will the house have anything to do with the will if the house has been quitclaimed to me?

Thanks again for any info,

JUDE

I tried to keep it short and ato the point

 

[BlondiePB]

What is the name of your state?What is the name of your state? CT
This is what happened at the last probate hrg, re: quit-claimed property while I was conservatrix: We all agreed to having me sign back the house to fil and at the same time, have my fil then sign the quitclaim back to me. The voluntary conservaship was dropped. I was told that now because he is not being conserved, it will be legal for him to give/sell do whatever he wants with his assets. What I'm confused about now, is that I was told to get a lawyer who will file the quitclaim. When I asked why can't they do it? I was told that they were too involved and it wouldn't be right for them to do it??? I was given a quitclaim form along with conveyer form and was told that all I have to do is give this to the lawyer and have them sign it, and then to bring it back to original lawyer and they will file it. My lawyer is holding the quitclaim that I signed until I get the other one signed. They told that judge that they were going to do this all at one time. Meaning for approx 2minutes the house goes back to fil and then next minute or the time it takes to file it, it will go back to my name. All this has cost my fil thousands of dollars and I can't believe that we now need another lawyer, which means more money.

Question #1...Is it true that the lawyers involved can't do the filings of both quitclaims?


Question #2 ...I was told by my lawyer to put either my name or my husbands name on dads bank acct and once the house is quitclaimed back to me legally, that there will be nothing to probate when my fil passes away. Is that true?

Question #3...FIL signed a new will recently with a lawyer. If bil is left nothing, is he able to contest the will? Does it mean anything if fil leaves $100 to bil? Will the house have anything to do with the will if the house has been quitclaimed to me?

Thanks again for any info,

JUDE

I tried to keep it short and ato the point

Thank you for the shorter post. You certainly have been through a lot. Have FIL add you or your husband's name to the account with joint tenants rights of survivorship. FIL must now do the transactions. The will must specify that BIL is disinherited. It would be better to leave BIL at least $1.00. You do have to provide the court a final accounting report. Therefore, it would be most advisable to have FIL's property quit claimed back to him in order for the court to approve the accounting. I'm sure you do not want to go thru all that again. After the accounting has been approved by the court auditors, then do the other quit claim.

 

[jude11142]

Thank you Blondie for your input. It has helped alot and I have learned alot. I did do a final accounting and the court did approve it, so that's done. So, hopefully this whole ordeal will be over with and we can all get on with our lives. My attorney called yesterday and we will be signing the quitclaims on March 4th.
I'm keeping my fingers crossed that this will now be done in the right way. Live and learn, lol
Thanks again,
JUDE

 

[jude11142]

Finally over and legally done

CT

I wanted to let you know how things turned out re: probate/conservatrix/quitclaim....I have posted in several diff theads about this subject. Finally, I signed house/property back to fil and then he quitclaimed it back to me. This was recorded last Friday. So now, everything is legally done. It was costly but as my lawyer stated, "well worth it in the long run and atleast I can sleep knowing that there is nothing my bil can do".
I thank all that responded and offered there advice and guidance. I also learned a valuable lesson, that being, you can't let your emotions get in the way of what is legally right, no matter, what I thought was right or wrong, lol...doesn't matter.

Thanks again,

JUDE

 

[BlondiePB]

CT

I wanted to let you know how things turned out re: probate/conservatrix/quitclaim....I have posted in several diff theads about this subject. Finally, I signed house/property back to fil and then he quitclaimed it back to me. This was recorded last Friday. So now, everything is legally done. It was costly but as my lawyer stated, "well worth it in the long run and atleast I can sleep knowing that there is nothing my bil can do".
I thank all that responded and offered there advice and guidance. I also learned a valuable lesson, that being, you can't let your emotions get in the way of what is legally right, no matter, what I thought was right or wrong, lol...doesn't matter.

Thanks again,

JUDE

I just logged on and saw this, Jude. Thanks for taking the time to post a follow up. You are very welcome for the advice and guidance. We like knowing about happy endings. Take good care of dad (fil) and may you all live happily ever after.