Probate Questions & Answers by State

Probate Questions & Answers

Q: beneficiary dies in a parent's trust does the childs spouse receive the share? If the share is now intestate?

1 Answer | Asked in Probate for Florida on Dec 5, 2014

Answered on Dec 18, 2014

Follow Question


Robert Jason De Groot's answer
Questions without enough facts are like making meatloaf without meat.

Answer this Question View More »

Q: Is there a point where probate will not be needed to settle an estate where children are involved, ie after age of 18

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

Answered on Dec 18, 2014

Follow Question


Robert Jason De Groot's answer
I need to see the deed from when the house was acquired. If it says your names as husband and wife, then you are the owner of the property now.

Answer this Question View More »

Q: Can I sell a property of deceased spouse involving surviving children without going through probate court ?

1 Answer | Asked in Probate for Florida on Dec 17, 2014

Answered on Dec 18, 2014

Follow Question


Robert Jason De Groot's answer
You have given nowhere near enough information to get a complete answer. If the property was owned by you and the wife as tenants by the entireties, then you should be free to sell it because you are the survivor and it belongs entirely to you. But I would need to see the deed to the home in order to determine this.

Answer this Question View More »

Q: my father died without a will. I have started the probate process and have been appointed personal representative.

1 Answer | Asked in Probate for North Carolina on Dec 13, 2014

Answered on Dec 15, 2014

Follow Question


Nathan Hull's answer
North Carolina is a bit strange when it comes to inherited real estate. Based on the facts you have stated, you and your sister are the current owners of the real estate as tenants in common. She could deed you her interest in the property. Until creditors are cut off through the estate process, the real estate can be reclaimed by the estate to pay creditors so you may not want to invest much in the property until it is clear.

Answer this Question View More »

Q: Decedent survived by spouse (PR for Estate) 2 of 4 children conducting confidential relationship with the Probate Attrny

1 Answer | Asked in Probate for Florida on Dec 12, 2014

Answered on Dec 15, 2014

Follow Question


Robert Jason De Groot's answer
I guess your proposition is that the two children who have hired an attorney to represent them should not be able to do that? If that is the case, there is no unethical conduct by representing only two of four heirs. Perhaps you should speak to your own attorney about this.

Answer this Question View More »

Q: I am executor of my deceased mom and dad's will. Can I put their home up for sale before probating the will?

1 Answer | Asked in Probate for Virginia on Dec 12, 2014

Answered on Dec 13, 2014

Follow Question


Thomas H. Roberts Esq's answer
NO.

If the home is actually part of the estate, then a person would need to actually qualify at the Clerk's office as the executor to have the authority to act on behalf of the estate. (If the real estate passes under the will, then at the time of death the real property passes to the beneficiaries.)

That said, many realtors may not understand that the named executor in a will is not empowered to enter a listing agreement without qualifying, and the named executor could...

Answer this Question View More »

Q: If properyt is left to three children from deceased parents in a will, can two of the children have the will changed

1 Answer | Asked in Probate for Virginia on Dec 2, 2014

Answered on Dec 10, 2014

Follow Question


Thomas H. Roberts Esq's answer
No, the will controls. After the testator (deceased parent) dies, the children may not re-write the will.

Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject matter. You should engage a lawyer for legal advice.

Answer this Question View More »

Q: Can a felon serve as executor of an independent administration of an estate if named in a will & nobody contests it?

1 Answer | Asked in Probate for Texas on Dec 4, 2014

Answered on Dec 8, 2014

Follow Question


Nancy Hui's answer
Not if the person is a convicted felon. Does not matter if no one contests the will or not. TX Estates Code 304.003(2)

Answer this Question View More »

Q: My boyfriend passed away, had no will lived in my house. What can his family take from me.

1 Answer | Asked in Probate for Georgia on Dec 3, 2014

Answered on Dec 4, 2014

Follow Question


Julie A. Rice's answer
The family can take whatever is his if he had no will leaving it to you so long as it was his (and not yours). This may be a different outcome if he owes you money or rent and then you need to either work it out with the family or go to probate and claim that he owes you money and the estate will have to deal with whatever he owes you and the estate will go through probate.

Answer this Question View More »

Q: Can you file for probate without a lawyer

1 Answer | Asked in Probate for Texas on Dec 1, 2014

Answered on Dec 2, 2014

Follow Question


Nancy Hui's answer
Many courts view probating a will is practice of law. That means only an attorney may for an application to probate a will.

Answer this Question View More »

Q: Our aunt died and left MO will, nor had any assets. Do I need to file any document t's to probate.

1 Answer | Asked in Probate for California on Nov 10, 2014

Answered on Nov 28, 2014

Follow Question


Andy Chen's answer
What's an MO will? A will in Missouri? Did the aunt die in California or in Missouri? if the aunt died in Missouri, then any proceeding will likely need to occur there and Missouri law will govern.

Andy

Answer this Question View More »

Q: would a lie in a last will that states benificiary was "soon to be wifes sister" be a mistake of fact?

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

Answered on Nov 26, 2014

Follow Question


Robert Jason De Groot's answer
I do not have enough facts here to be able to give you any solid answers. You need to go see a probate attorney about this problem.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »

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

Follow Question


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.

Answer this Question View More »