Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Probate Questions & Answers
0 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Massachusetts on
Q: Is rental income produced by a irrevocable trust capable of being seized by Medicaid?

If an elderly person transfers a rental property into a non grantor irrevocable trust for asset protection and Medicaid purposes and the trust owns the same property for more than 5 years, is the rental income the trust receives from that same rental property thereafter (which is not being utilized... View More

0 Answers | Asked in Probate for West Virginia on
Q: Im a disabled 29 female. I want to get emancipated from my parents. How much does a probate attorney cost?

My mom was a rn nurse and lied to my doctors about my mental retardation. Ive been tested and tested and my iq score was an 83. She also falsified my disability claim and unfortunately she is now passed away. I was looking into getting emancipated from my parent(s).

0 Answers | Asked in Criminal Law, Domestic Violence and Probate for New Mexico on
Q: If I stop reporting to probation and stay away till probation is over is that ansconding

I got a 30 day sanction for failed ua. and was wondering if I just leave the state for 3 years until probation is over and not check in , will that be a revocation or completion of probation.

2 Answers | Asked in Probate for Texas on
Q: Texas probate no will.who is next of kin.common law spouse or a blood great niece
James Clifton
PREMIUM
James Clifton
answered on May 10, 2024

Assuming the requirements of common law marriage have been met, the spouse will be the heir of the estate of the deceased. If the common law marriage was not registered with the county clerk, the surviving spouse will have to prove by evidence that the couple:

“agreed to be married”;...
View More

View More Answers

0 Answers | Asked in Probate for Washington on
Q: How to decline a beneficiary designation of bank account

Are there any consequences for the person declining the funds.

0 Answers | Asked in Probate for Washington on
Q: Can a beneficiary of a bank account decline the funds
3 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: Is it illegal to have someone type up a letter for power of attorney when they are in the red deathbed unable to sign

I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More

Karn Thapar
Karn Thapar
answered on May 9, 2024

There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More

View More Answers

2 Answers | Asked in Probate for California on
Q: DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY FIDUCIARY

"Petitioner has no personal, financial or other relationship with attorneys or other agents hired by the petitioner"

Is it correct to leave out this section on a Petition for Final Distribution if petitioner is acting in Pro Per?

Thank you.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

If you are acting as a petitioner in pro per (representing yourself without an attorney) in a Petition for Final Distribution in California, it is generally appropriate to omit the section titled "DISCLOSURE OF RELATIONSHIPS BETWEEN FIDUCIARY, ATTORNEYS, AND OTHER AGENTS HIRED BY... View More

View More Answers

1 Answer | Asked in Elder Law, Contracts and Probate for California on
Q: how to defend yourself from wrongdul allegations of undue influence fin. elder abuse,quiet title and cancel deed,

and rescission of will? I have proof with declarations to support my where abouts and reciepts to show where anymoney went. and the deceased left a will i didnt know about untill after his death. I transfered property by affdavit.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2024

To defend yourself against wrongful allegations of undue influence, financial elder abuse, quiet title, deed cancellation, and rescission of a will under California law, consider the following steps:

1. Gather evidence: Collect all relevant documents, such as the deceased's will,...
View More

1 Answer | Asked in Probate for Arizona on
Q: Probate law Q: I am the sole beneficiary and personal representative of my fathers annuity trust fund.

Need free legal advice on what to do to do, Completed all legal steps. Its been 8 years and no lawyer can provide information on how I can what my deceased father left me. I need to move forward with this. I look forward to a response for advice and or answers on my next steps to take in this... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2024

Annuities are notorious for not paying out to designated beneficiaries. You might be able to sue the Annuity/Insurance company, but what court has jurisdiction will be a problem. SOL may have run, AZ law may not apply. Hire an attorney to sue in a local AZ Court or in Federal Court.... View More

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: I'm listed as beneficiary on a car registration, do I go to the DMV and claim it or does it need to go through probate?

My mother and father were both signed to the car but both of them have passed recently. The vehicle is physically in my possession as is the title, they gifted me the car but couldn't go to the DMV in person for the paperwork so it was never officially put in my name. I live in Virginia and... View More

Gerald Shea
PREMIUM
Gerald Shea
answered on May 7, 2024

The car is not subject to probate and should not be listed on the probate inventory.

The title transfer is handled by Connecticut DMV.

The vehicle should however be listed on the CT estate tax return, which is typically filed as part of probate.

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: Does title in AZ go back to original title after one person quik claim deeded his 50% to someone and they signed deed ba

My boyfriend and I own property in AZ Deed said 50% each with right to survivorship Boyfriend quik claim deeded his50% to someone and then that person was paid $8500 to sign back to my boyfriend! Now boyfriend dies and I want to sell! Is our title as it was when we purchased

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

I strongly suggest you order a title search and consult with an attorney because these transfers may have left you with only half of the property interest which means the other half belongs to your boyfriend's estate.

"Right of Survivorship" in Arizona only applies to married...
View More

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What's my next move if after being named in the will (and by court) PR, someone has apparently petitioned as PR as well?

They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on May 7, 2024

Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More

View More Answers

1 Answer | Asked in Probate for Texas on
Q: Texas: I am the co account holder on 2 accounts with my deceased mother. Does the money go to me or the estate?
John Michael Frick
John Michael Frick
answered on May 7, 2024

It depends on whose money was deposited into the account. If it was your money, the money belongs to you. If it was your deceased mother's money, it belongs to her estate.

1 Answer | Asked in Probate for Colorado on
Q: My sister's Probate attorney is not responding to my requests for information on estate--what recourse do I have?
John Michael Frick
John Michael Frick
answered on May 6, 2024

Because your sister's probate attorney represents her--not you--you shouldn't expect that attorney to respond to requests from you for information about the estate. Talk directly to your sister. If she refuses to provide you with information, hire your own probate attorney to represent you.

0 Answers | Asked in Probate for Arkansas on
Q: My mother passed away in February and my oldest brother is in control of everything and he's shown us any documents.

According to my brother, my mother left me completely out of everything and she put her real estate into a trust, but she did it

herself. I was told that she didn't do the trust correctly and now everything has to go into Probate Court. My oldest brother has not showed my younger... View More

0 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: How can I get a Will Validated, or deemed not valid in New Jersey

I need to get my Father's Will be validated or deem not valid to obtain documentation for Puerto Rico Courts. Back up note. He died in Puerto Rico; however, Puerto Rico is asking for documentation from New Jersey Courts to verify that the will is not valid. How do I go about getting this and... View More

1 Answer | Asked in Family Law, Probate and Estate Planning for California on
Q: If a former conservatee has been declared competent, then restates their Living Trust, can the court on it's own motion

If a former conservatee has been declared competent, then restates their Living Trust, can the court years later on it's own motion appoint a new trustee despite the Trustee's objection?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024

Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.

Here are a few key points to...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.