Probate Questions & Answers by State

Probate Questions & Answers

Q: my biological father died in NV and I am his only child. what do I do with his property if I am next in Kin?

1 Answer | Asked in Probate for California on Feb 25, 2015

Answered on Feb 26, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Did your father have an estate plan? If your father had a living trust that disposed of all his assets then there is not need for probate. Otherwise, his estate will have to go through probate in the State where he resided. Be sure to consult your own attorney to protect your legal rights.

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Q: What is the time limit for opening a probate case in California.

1 Answer | Asked in Probate for California on Feb 20, 2015

Answered on Feb 24, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Section 8000 of the California Probate Court provides "At any time after a decedent's death, any interested person may commence proceedings for administration of the estate of the decedent...." Although the statutory language provides a good deal of flexibility, as a practical matter the probate should commence without delay to avoid loss of estate assets, documents, etc. Be...

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Q: My father, stepmom, sister and niece were murdered. I am the eldest child and there is and old will. What do I do?

1 Answer | Asked in Probate for Georgia on Feb 8, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
Sorry to hear of your loss. You have to go to probate since there is a house. In Georgia, you have to probate if there is real property unless the property was automatically transferred to you at death by deed. A POA will help but it won't resolve the issues.

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Q: I found a document titled Notificacion de Testamento. Is this my mother's will? I don't read Spanish.

1 Answer | Asked in Probate for Florida on Feb 19, 2015

Answered on Feb 21, 2015

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Robert Jason De Groot's answer
How can I tell you what something is without seeing it myself? Take it to an attorney who speaks spanish, in your area.

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Q: Do I need a probate lawyer?

1 Answer | Asked in Probate for Georgia on Feb 18, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
In Georgia, you do not necessarily need to probate an estate unless there is real property. If the car is left in someone else's name then the car shouldn't be an issue. If the bank account has a payable on death, then that should be an issue. If, however, the car is titled in the deceased's name and the bank account can be accessed without power of attorney and none exists, then you will most likely have to open a file in the probate court. Whether or not you need an attorney will depend...

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Q: Is there a form for a petition of estate administration

1 Answer | Asked in Probate for Georgia on Feb 18, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
Yes, there is a legal form for everything. Start with the clerk of the probate court of the county is which you live (call them first and tell them what you are looking for) and you might either be able to find the form on line or, depending on the size of the county, you may have to go into the office and pick up a form. The probate clerks are very helpful and will give you forms to choose from so you can find a form that fits your class project requirements.

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Q: if a probate isnt followed by one of the heirs and has taken and sold everything, is there a recourse for the other?

1 Answer | Asked in Probate for Florida on Feb 18, 2015

Answered on Feb 20, 2015

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Robert Jason De Groot's answer
Only a probate attorney is going to be able to help with a problem like this. Go hire one.

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Q: my dad divorced from my mom and passed away. any way to find what is left so we get what we entitled to?

1 Answer | Asked in Probate for Florida on Feb 18, 2015

Answered on Feb 20, 2015

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Robert Jason De Groot's answer
Go see a probate attorney. You can file what is known as a "caveat" which will make the clerk give you notice if a probate is filed or you might be able to file a probate case yourself/

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Q: Father passed away in Jan. this year, his will leaves everything to myself, and my adult brother, evenly,

1 Answer | Asked in Probate for California on Feb 19, 2015

Answered on Feb 19, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Every cause of action has a time limit, often referred to as a 'statute of limitation.' Once the statute runs, you no longer have a cause of action. If you have any causes of action against your brother, you do not want to lose them due to passage of time. You should immediately retain an attorney and discuss your options.

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Q: My parents are deceased and have property and other access valued at approximatly 70K, do I need to probate their will?

1 Answer | Asked in Probate for Texas on Feb 16, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
That depends on what those assets are and how they are titled. For example, if the asset is $70k in a joint account with right of survivalship, then the money will pass automatically to the surviving account holder. There is no need to probate the will. But if the account is solely in your father's name, then you will need to have the will probated and distribute the money according to the will.

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Q: What criteria does a probate judge use when choosing an admin. from two brothers named as co-executors?w/o lawyer

1 Answer | Asked in Probate for Texas on Feb 17, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
Seems like you get the terms confused. First, if you and your brother are designated as co-exectuors, then there must be a will. The will has to be probated (meaning presented to the court) in order for this appointment of Executor to happen. It is not something that someone can do without an attorney because this is considered as practice of law. Just like you can't perform a brain surgery on someone without having a medical license regardless of how many articles you have googled from the...

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Q: My father died recently in 1994 he and I went to a lawyer and signed a will leaving a majority of his property and money

1 Answer | Asked in Probate for Texas on Feb 18, 2015

Answered on Feb 18, 2015

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Nancy Hui's answer
You will need to have a probate attorney to help you figure out who is the proper heir to your father's estate. If there are two wills, then the will dated on a later date controls, provided the later dated will was properly executed. It will be hard for a lay person to tell if a will was properly executed. That's why you need to have an attorney look into your case. There are too many variables that may affect the outcome.

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Q: My father passed away in January, his will directed that my adult brother, and I, would be the benfeciaries of the

1 Answer | Asked in Probate for California on Feb 17, 2015

Answered on Feb 17, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Did your father's will name an executor? If so, that would be the first person in line to administer the estate. Otherwise, the court will have to appoint an administrator, and the administrator will need to post bond. The administrator can be someone other than you and your sibling, but that person would also need to post bond, and a third party may...

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Q: If my father died w/o a valid will, can my sister be declared the administrator because she applied for the application

1 Answer | Asked in Probate for Texas on Feb 16, 2015

Answered on Feb 16, 2015

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Nancy Hui's answer
If the court finds that she is appropriate to be the administrator then yes, she can be appointed as such. However, if there is reason that she should not be appointed, you need to file an objection so the court will know. Once she is appointed as an administrator, she may begin administration of the estate. One of the tasks include selling the assets (eg a house) and distributing to the heirs. She is not required to inform you or get your permission to sell a house. There are many other...

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Q: My sister passed suddenly with no will. We shared a home that we purchased together, but my name is not on the title.

1 Answer | Asked in Probate for California on Feb 15, 2015

Answered on Feb 16, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. If your sister had no estate plan (e.g., will or living trust), and she was the only person on title, you will need to file a petition for probate. The probate court will order your late sister's estate distributed among her heirs according to the California intestate succession laws, Sections 6400-6414 of the California Probate Code. I recommend...

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Q: Both my parents died and they didn't have wills. They owned a car. Can I have the car put in my name?

1 Answer | Asked in Probate for South Carolina on Feb 9, 2015

Answered on Feb 13, 2015

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L. Wayne Patterson's answer
A South Carolina probate estate will have to be opened in order to transfer the title to a vehicle. Contact the probate court in the county where they resided for the requirements to open an estate. You will need an original of their death certificates and wills if they had a will. South Carolina does have a small estate procedure where the total value of the estate is less than $25,000.00.

This answer is for general information only. It is not legal advice and does not create an...

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Q: Father widower passed Intestate. Sis is in his home with friends. What can I do to make sure his pers. prot.is in place?

1 Answer | Asked in Probate for California on Feb 12, 2015

Answered on Feb 12, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am sorry for your loss. Since your father died intestate, you will need to petition the court for probate. The court will appoint an administrator for the estate. The administrator will inventory the estate assets and take necessary steps to preserve them. Be sure to consult your own attorney to protect your legal rights.

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Q: what happens when an executor keeps creditor accounts open beyond death for personal use?

1 Answer | Asked in Probate for Texas on Feb 6, 2015

Answered on Feb 10, 2015

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Nancy Hui's answer
You can ask for an accounting of the estate and if he is found breaching his fiduciary duty, he can be liable for the damage he has caused to the estate and be removed as an executor.you should speak to an attorney to discuss further.

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