Probate Questions & Answers by State

Probate Questions & Answers

Q: I live in NY and just learned of my fathers death last night, he didn't have a will or power of attorney-

1 Answer | Asked in Probate for Alabama on Jan 20, 2015

Answered on Jan 24, 2015

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Mr. James Parrish Coleman's answer
I assume your father was a resident of Alabama when he died. If that is the case, you should contact a probate lawyer in the county in which he lived. His estate, if indeed it makes sense to open one, will be handled in the Probate Court of the county in which he lived when he died. Without a will, this would be an called an intestate succession. His next of kin would inherit his property according to Alabama's statute governing descent and distribution. Section 43-8-41 Code of Alabama and...

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Q: I cannot find a deed to my grandmothers home? I have tried the County Clerk office in Marshall, TX.

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
Possibly. But until an attorney reviews your case, it can not be determined with certainty. You should consult with a probate attorney to go through your options.

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Q: are wills registered with within the county seat by the lawyers who help write it up?

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
There is no such a thing as registered will.

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Q: We been living together for 20 years he died now his daughter want everything. What are my legal rights as far as his p

1 Answer | Asked in Probate for Texas on Jan 23, 2015

Answered on Jan 23, 2015

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Nancy Hui's answer
You can only inherit his interests if either he left the assets to you in his will, or that you were his spouse. If you were not legally married, you can see if you can prove that you were his common law spouse. Without a will and not being a spouse, you have no right to any of his assets. Consult a probate attorney to help you.

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Q: Who has right over my husband's life insurance and land after he passed. His kids? or I? His son is named beneficial on

1 Answer | Asked in Probate for Texas on Jan 22, 2015

Answered on Jan 22, 2015

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Nancy Hui's answer
Typically proceeds from life insurance policy goes to a pre-designated beneficiary. So it could have been anyone: you, his kids, neighbor, parent, friend etc. But if he did not name any beneficiaries, then it goes to his estate. If there is a will, then it will go to whoever he designated in the will. If there is no will, the proceeds will be divided according to the intestacy laws in TX. For real property, it depends on whether it is community property or personal property. And then it also...

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Q: How do i find out if my dad had life insurance and if I am entitled to it being his only daughter?

1 Answer | Asked in Probate for California on Jan 21, 2015

Answered on Jan 21, 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.

If your father had purchased life insurance policies, he would have designated the beneficiary or beneficiaries for the policy. When a policy holder passes away, the insurance company gets in touch with the beneficiaries. Being your father's only daughter (or even the only heir) does not guaranty that you will receive a portion of any life insurance proceeds. Be sure to...

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Q: My dad dies and the court is asking when his parents died. Why do they need to know this?

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

Answered on Jan 20, 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. That information is relevant in determining whether your grandparents have passed away, or whether your grandparents will share in your father's estate. Be sure to consult your own attorney to protect your legal rights.

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Q: My step father passed away,without a will. My older brother is his bilogical son. When I was born I took his name at

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 15, 2015

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Nancy Hui's answer
You should discuss your case with a Tennessee probate attorney.

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Q: Can an executrix of my Mom's will, put the daughter who is taking care if her elderly mother, out if the house

1 Answer | Asked in Probate for California on Jan 14, 2015

Answered on Jan 15, 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.

The executrix's job is to give effect to your late mother's wishes, and to dispose of her property according to her will. If your mother's will did not provide that her daughter may live in the house after she passes away, then the daughter can be evicted from the house. Be sure to consult your own attorney to provide your legal rights.

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Q: My mother passed here in ga and specifically asked me to handle everything,but theres no will. how do i become excuter?

1 Answer | Asked in Probate for Georgia on Jan 11, 2015

Answered on Jan 15, 2015

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Julie A. Rice's answer
You will begin in Probate Court for the court to name you as the executor of the estate. If there was no real estate or other real property, then in GA you don't necessarily have to probate the estate. If you are unsure, however, then you should seek the assistance of the probate court to probate the estate to make sure that there are no legal issues in this case.

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Q: How do I find out if I have an inheritance from my dad

2 Answers | Asked in Probate for California on Jan 13, 2015

Answered on Jan 14, 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.

Your father may dispose of his assets in any way he chooses (e.g., sale or gift) during his lifetime. He may also prepare a will and bequeath all or a portion of his assets. If your father passes away and leaves anything to you in his will, that would be your "testate" share of his estate. If he passes away without will, then his estate will go through probate, and each heir...

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Q: My Ex-husband died in AR. the Estates in Probate. I live in TX, can my TX attorney represent me?

1 Answer | Asked in Probate for Texas on Jan 12, 2015

Answered on Jan 13, 2015

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Nancy Hui's answer
Unless your Texas attorney is also licensed in AR, he may not represent you in the probate proceeding in AR. You can ask him for recommendation for an AR probate attorney.

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Q: If I own a house in Fla-(with no mortgage) does it have to go through probate before it belongs to my children?

1 Answer | Asked in Probate for Florida on Jan 12, 2015

Answered on Jan 12, 2015

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Robert Jason De Groot's answer
Yes, it would have to go through probate, but there might be a way around that. Go see a probate attorney.

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Q: My uncle passed away without a will. Is his home gonna go to my aunt by default.

1 Answer | Asked in Probate for California on Jan 7, 2015

Answered on Jan 7, 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. When a person dies intestate (i.e., without a will), his/her estate goes through probate. The probate court will gather information regarding the decedent's heirs, the decedent's estate, and whether the assets are community property, quasi-community property or separate property. After payment of liabilities, the net assets will be distributed to the...

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Q: What is a waiver of bond? The executor of my mother in laws estate wants the beneficiaries to sign it.

1 Answer | Asked in Probate for California on Jan 7, 2015

Answered on Jan 7, 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.

Generally, California law requires each personal representative (such as an executor of a will) to post a bond with the probate court in order to ensure the personal representative faithfully executes her/his duties. As an exception, Section 8481 of the California Probate Code provides that a bond is not required when either the will waives bond requirement, or all beneficiaries...

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Q: Intestate estate and 4 siblings which one is mentally disabled. How will estste be divided in Texas

1 Answer | Asked in Probate for Texas on Jan 5, 2015

Answered on Jan 5, 2015

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Nancy Hui's answer
It depends on whether the deceased was married, has children, if parents still alive, and whether the assets are separate property or community property. If you describe the family situation better I can provide more information.

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Q: Should attorneys fees be discussed at time of probating a will? Cannot seem to get a straight answer on the fees.

1 Answer | Asked in Probate for Florida on Jan 5, 2015

Answered on Jan 5, 2015

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Robert Jason De Groot's answer
You want to discuss what you are paying your attorney with another attorney? Set up an appointment with one, if you must.

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Q: My brother just passed away in Florida. I live in South Carolina. He was still making payments on his house.

1 Answer | Asked in Probate for Florida on Jan 4, 2015

Answered on Jan 5, 2015

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Robert Jason De Groot's answer
If she is not on the deed to the home, she would have at least a life estate in it. You had better discuss this with a Florida Probate attorney to find out what the best thing to do is.

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Q: One of my two sisters refuses to sign and return the notarized court document to finish probate. Options?

1 Answer | Asked in Probate for California on Jan 5, 2015

Answered on Jan 5, 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.

If your sister has a bona fide objection, she should raise her objection with the court. Otherwise, there is no sense in delaying her signature. Be sure to consult your own attorney to protect your legal rights.

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