Probate Questions & Answers by State

Probate Questions & Answers

Q: HUSBAND DIED IN 2004 IN TX,. PROBATED HIS WILL THERE.HE OWNED LAND IN MISSISSIPPI.

1 Answer | Asked in Probate for Texas on Nov 14, 2014

Answered on Nov 16, 2014

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Nancy Hui's answer
What you are describing is called ancillary probate. Basically it is an abbreviated probate process based on a previously done full probate (in TX). You should post the question in the mississippi board because it has to be done in Mississippi using the local laws. Hopefully attorneys who are licensed in Mississippi can answer your questions.

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Q: where can you obtain a copy of the "order admitting will to probate"? From the courthouse?

1 Answer | Asked in Probate for Texas on Nov 6, 2014

Answered on Nov 10, 2014

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Nancy Hui's answer
Yes. Contact the county clerk's office of the court where the will was admitted to probate.

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Q: I have about MERP, recently received a letter from HMS regarding my deceased mothers property.

1 Answer | Asked in Probate for Texas on Sep 2, 2014

Answered on Oct 29, 2014

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Nancy Hui's answer
Medicaid has a claim on the home but not on your personal property (eg bank account). There are straight rules that medicaid must follow in order for them to recover. You will need to hire an attorney to assist you in handling your mothers estate.

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Q: Where do I send money which belongs to a deceased person?

1 Answer | Asked in Probate for Texas on Oct 23, 2014

Answered on Oct 29, 2014

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Nancy Hui's answer
If there is an estate open for the deceased person, you can write a check to "Estate of XXX", and deliver it to the executor or administrator of the estate.

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Q: Son's dad estate went to brother, to distribute by will, claims no money left, what can we do?

1 Answer | Asked in Probate for Florida on Dec 11, 2013

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
You cannot expect an answer which will resolve all of the problems discussed in the post. What is needed is an attorney.

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Q: What Petition do you file to include another person as a Beneficiary of an Estate where the father died intestate?

1 Answer | Asked in Probate for Florida on Jan 14, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
What you need to do is go see a probate attorney in your area if you have not done so already.

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Q: My mother left a large sum in checking. If my sister won't file can I file for it all?

1 Answer | Asked in Probate for Florida on Feb 6, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
Was there a will? What does the will say? If there was not will, the amount should be divided equally. Get an attorney if you have not done so already.

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Q: Mom died 2003 and her husband died 2007, I filed a lawsuit on moms behalf 2011 who is entitled to the settlement.

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

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
There are no facts given. The husband's heirs at law might get the settlement.

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Q: My dad passed and he lived in fl with me for only a month .I am the executor of his will ,how do close his bank accts,th

1 Answer | Asked in Probate for Florida on Feb 21, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
Well, asking a question like this on the internet does not really get you the help you need. You usually need to go see a probate attorney in any estate matters.

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Q: If a widow in Florida dies with one deceased child and 2 living children and no will, what happens to her estate?

1 Answer | Asked in Probate for Florida on Mar 26, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
In order to get specifically tailored legal advice you need to go see an attorney.

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Q: Foreclosure on Deceased:How many shots does Plaintiff get at properly notifying Heirs and Amending Complaint.

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

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
Many. In order to get legal advice it is always best to actually go see an attorney.

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Q: Aunt died intestate. Aunt created Trust in 1996, and transferred condo. Revoked Trust in 2004, but did not undo condo .

1 Answer | Asked in Probate for Florida on May 20, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
More facts are needed here, as well as a review of all relevant documents.

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Q: My dad passed away in Puerto Rico 6 years ago, our lawyer never returns our calls or updates us on the resolutions

1 Answer | Asked in Probate for Florida on Jul 1, 2014

Answered on Oct 27, 2014

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Robert Jason De Groot's answer
You did not ask a question. You made a statement. Do you want us to respond to the statement? My response would be to set up an appointment with the attorney concerning the status and request copies.

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Q: Hello my x husband father died and he is getting 150,000 I am getting 30,000 when the house sells , will there be probat

1 Answer | Asked in Probate for Florida on Jun 25, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
This is a rather confusing question. Perhaps that is because you have included many divergent matters within a single sentence. What you probably need to do is speak with an attorney about all of this. The internet forums like this can never replace actual advice from a qualified lawyer.

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Q: my father died 2005 and uncle told me he had no will. just found out 9 years later he does but i dont know how to get it

1 Answer | Asked in Probate for Florida on Jul 13, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
It is almost 10 years later, and you are just now asking about all of this? Well, that is because you were lied to 10 years ago. The uncle was required to record the will in the county records at the county courthouse within 10 days of the death. Now you have to hire an attorney to look into all of this and it will not be cheap, and it may produce nothing for you at all. How was the uncle able to sell everything? Did he have a power of attorney? What was there? Any attorney will have a...

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Q: How do I file a guardian of the property paperwork according to Florida probate role 5.030? This is for a fixed annuity

1 Answer | Asked in Probate for Florida on Aug 7, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
How? In writing and in accordance with the probate code and rules. This is best done with an attorney. You do not know the laws or the proper procedures to follow, nor the evidence code or the case law. It is always best to hire an attorney. Guardianships are expensive, and very time consuming for attorneys, but certain things can be done which can help.

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Q: What do I do with this?

1 Answer | Asked in Probate for Florida on Sep 11, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
What do you do? Find out if the will was the product of undue influence and if it was, and you can prove it, then you need an attorney. The best thing to do whenever you have a legal question is to go see an attorney.

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