Probate Questions & Answers by State

Probate Questions & Answers

Q: I am deeply concerned about what appear to be serious improprieties with my mother's estate. She has alzheimers and is

1 Answer | Asked in Probate for Massachusetts on Jul 12, 2014

Answered on Jul 13, 2014

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Charles Snyderman's answer
This is too complicated to answer on this site. I recommend that you consult with an attorney where you live.

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Q: In probating a Will. What does the attorney need to find out about the person that wrote the will.

1 Answer | Asked in Probate for Texas on Jun 20, 2014

Answered on Jun 21, 2014

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Charles Snyderman's answer
Your question is somewhat confusing without more information. What happened that led you to ask this question?

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Q: I just found out that my sister became the co-owner of moms house the day of my dads funeral does this cancel will

1 Answer | Asked in Probate for Rhode Island on Jun 9, 2014

Answered on Jun 11, 2014

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Neville Bedford's answer
The will may or may not effect this transfer. Meet with a Probate/Estate Attorney to review your case and the particulars.

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Q: If a parent dies and leaves a child out of the will is the child entitled to a share of the estate

1 Answer | Asked in Probate for Alabama on May 28, 2014

Answered on May 29, 2014

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William E. Scully Jr.'s answer
Possibly. In Alabama a child is not guaranteed a share of the parent's estate. So usually, if a parent makes no provision for a child in the will, or if he/she specifically excludes a child, then the child gets nothing. Alabama Code Section 43-8-91 sets out two circumstances when a child who is left out of a will can receive a portion of the estate. First, if a child is born after the will is executed the child DOES get a share of the estate, although there are several big exceptions to this...

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Q: My father left me one-sixth of all monies in his will. Does this include his stocks and bonds or just the money market?

1 Answer | Asked in Probate for Texas on May 16, 2014

Answered on May 20, 2014

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Charles Snyderman's answer
A will can be a complicated document. Sometimes language in a will can be subject to more than one interpretation. You should take a copy to an attorney who will answer your question.

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Q: Do we need a probate lawyer if there was no will,but everyone agrees we get the personal property? We live in NC.

2 Answers | Asked in Probate for North Carolina on May 4, 2014

Answered on May 9, 2014

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Amanda Bowden Houser's answer
If he dies without a will his property will be divided according to intestate succession meaning the siblings could take a share if they wanted. Dad's verbally expressed wishes are virtually meaningless. To avoid confusion and headaches in the future, dad should be encouraged to have a will done. For an estate like you describe, it likely would not be an expensive proposition - a couple of hundred bucks or less. Any more than that and dad would likely be getting ripped off. Good luck to...

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Q: WHAT DOES BALANCE REVOKED STATE SYSTEM MEAN IN THE STATE OF GEORGIA

1 Answer | Asked in Probate for Georgia on Feb 5, 2014

Answered on Apr 25, 2014

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Rachel Lea Hunter's answer
I don't know because you provide no details. This does not sound like a probate issue though.

Balance of what? This sounds like it relates to something criminal - either a sentence or probation or maybe bail. Revoked means whatever happened before is gone and something else is in its place. For example, if a defendant was on probation and there were conditions and the defendant violated one or more of the conditions (standard conditions might be refrain from using alcohol or drugs or...

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Q: Father's will in GA stated no acct, no returns to any court. 2 years later very little info from executor. What can I do

1 Answer | Asked in Probate for Georgia on Apr 15, 2014

Answered on Apr 25, 2014

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Rachel Lea Hunter's answer
See the Georgia statute below (assuming the estate is pending in Georgia). There is no requirement that an executor share information the executor's job is to figure out what the deceased owned and owed, pay the debts and distribute what is left to the beneficiaries.

I don't understand the hold up here - the executor should have paid the bills, if any, and distributed what is left to the heirs. Estates are concluded in 1-2 years. So you should have received distribution of your share...

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Q: In a plea bargaining/agreement can you ask for diversion?

1 Answer | Asked in Probate for Georgia on Apr 16, 2014

Answered on Apr 25, 2014

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Rachel Lea Hunter's answer
Probate deals with estates of dead people. You mean probation which is a criminal law issue. You should direct this question to your criminal law attorney.

You post no details and I don't want to know them because you may incriminate yourself and you don't want to post information about your issue on a public forum.

Generally, plea agreements dispose of the criminal offenses; sentencing is left up to the trial court. I assume by diversion (I have not done any criminal law in...

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Q: Do I have to keep my wife on my health insurance if we are separated, but not yet divorced?

1 Answer | Asked in Probate for Pennsylvania on Mar 7, 2014

Answered on Apr 11, 2014

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Rachel Lea Hunter's answer
Talk this over with your divorce attorney. The answer is it depends on the circumstances. Is health insurance otherwise available to your spouse through her employer and is the coverage as good? How much do you pay, if anything for the coverage? Depending on the answers, the court could ask you to keep coverage in place during the separation. The obligation will end when a divorce decree is entered or sooner if your employer stops offering health insurance unless there is some other...

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Q: In probate court, is an expired driver's license a "valid" picture ID

1 Answer | Asked in Probate for Alabama on Apr 7, 2014

Answered on Apr 10, 2014

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William E. Scully Jr.'s answer
Of course not! Presenting an expired driver's license for identification just makes you look suspicious. If you need a valid identification, just get a new driver's license. If you have had legal problems, and can't get a driver's license, Alabama also offers a non-driver identification card. You can get a non-drivers identification at the same places you can get a driver's license. Here's the URL for the Alabama Department of Public Safety website that tells you what you need to have to...

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Q: How can we get the spouse of our sister who died in Marietta, GA to file her will with the probate court?

1 Answer | Asked in Probate for Georgia on Dec 20, 2013

Answered on Mar 17, 2014

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Rachel Lea Hunter's answer
Get a lawyer. I am not being funny or rude. If the spouse is in possession of a will then he can be compelled to produce it.

OCGA § 53-5-5. Duty to file will

A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered.

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Q: Are non probate assets subject to attorneys fees in Pennsylvania?

1 Answer | Asked in Probate for Pennsylvania on Dec 30, 2013

Answered on Mar 17, 2014

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Rachel Lea Hunter's answer
Don't know what you mean. Attorney's fees are set by the court and are usually a percentage of the probate estate. So if you are talking about fees earned by a probate attorney in helping to administer an estate, the answer is no.

If you mean in some other context, I don't know. Would there be some kind of a lien that the attorney has on the asset? Did the attorney assist the client in getting the asset? The answer is probably not but you post no other details so I don't want to...

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Q: I am the executor of my mothers estate. Do I have to pay a creditor if they send me the bill after the 90 days?

1 Answer | Asked in Probate for North Carolina on Feb 1, 2014

Answered on Mar 17, 2014

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Rachel Lea Hunter's answer
It depends. Did you properly notify the creditor and publish notice in the newspaper? Was the claim filed before or after the date specified in the notice?

If notice was properly given and the claim was filed after the cutoff date specified, then you simply deny the claim. The creditor then can sue if he/she has a mind to do so. Any lawsuit has to be filed within 90 days after your denial of the claim. If no lawsuit is filed, the denial stands.

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Q: I live in nc. Common law is in effect so why did I not receive the property I was supposed to when my husband died

1 Answer | Asked in Probate for North Carolina on Feb 12, 2014

Answered on Mar 17, 2014

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Rachel Lea Hunter's answer
If you live in NC, there is no common law marriage here. In order for a common law marriage to be recognized, you would have had to enter into a valid common law marriage in another state.

Since there is no common law marriage, you would not be entitled to inherit anything as a spouse. If there was a will then your paramour could have left property to you in a will. I am guessing that he chose not to make a will, in which case you would be entitled to zilch/nada/nothing under the...

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Q: If there is no will, will the estate go to the new wife or the children of the decedent of homestead property?

1 Answer | Asked in Probate for Florida on Mar 15, 2014

Answered on Mar 17, 2014

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David M. Goldman's answer
life estate to new wife and remainder to children, unless wife makes election for 50%.

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Q: What to list for an underwater mortgage

1 Answer | Asked in Probate for Michigan on Feb 7, 2014

Answered on Feb 11, 2014

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Tracy Torni Gaudenzi's answer
The amount cannot be less than zero. Here (hopefully, it will work) is a link to the Inventory form. http://courts.mi.gov/Administration/SCAO/Forms/courtforms/probate/pc577.pdf

You may have received an outdated version from the Court. The current version shows a place for value and lien balance. Be sure to take the valuation of the property (tax statement as of time of passing) and lien balance with you when you file the inventory. Good luck.

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Q: Do I have to go to probate, if i am the executor of the estate, in the state of Fla.

1 Answer | Asked in Probate for Florida on Jan 27, 2014

Answered on Jan 28, 2014

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Cristin Silliman's answer
More information is needed to correctly answer your question. If directions for disposition of the estate are in a Will (as opposed to a trust), or if there was no will, and the assets were solely in the name of the deceased (as opposed to joint accounts/titles) then yes. Contact an attorney in the area that the deceased resided, you will need an attorney for probate in Florida.

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Q: In a small estate, if there is more debt than assets when going through probate, how can lawyer be paid?

1 Answer | Asked in Probate for Maryland on Aug 31, 2012

Answered on Jan 4, 2014

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Cedulie Renee Laumann's answer
Maryland law has a specific order for paying estate bills when there is not enough money to pay everyone. Generally the probate fees taxes get paid first and attorneys / personal representatives get paid ahead of some other debts. However, it is good to review the statute in detail and/or discuss with your attorney before paying anything in an insolvent estate.

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Q: What is real property?

1 Answer | Asked in Probate for Maryland on Sep 9, 2013

Answered on Jan 4, 2014

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Cedulie Renee Laumann's answer
Real estate (land / homes attached to the land). Contrast this with Personal Property which is basically stuff that can be moved.

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