Probate Questions & Answers by State

Probate Questions & Answers

Q: Executor sold all property inside house of deceased; upon receipt of will (later) I was to inherit

1 Answer | Asked in Probate for Georgia on Sep 21, 2014

Answered on Sep 21, 2014

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Paula J. Mcgill's answer
The issues raised in your question cannot be answered on this site. You should take the will, the order, and other documents filed in the case and take it to local counsel. An experienced attorney will be able to explain the distribution order and the responsibilities of an administrator/executor.

Keep in mind, a will is not a contract. Moreover, the liabilities of the estate must be paid before the estate is distributed to the beneficiaries. Again, counsel will be able to explain...

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Q: can someone present case in probate if they think these is questionable/potential for undue influence

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

Answered on Sep 21, 2014

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Julie A. Rice's answer
You always have the right to present your case to the court and if the court thinks there is undue influence it is in the court's discretion not to accept any testimony or evidence based on undue influence. A guardian for the person who can not speak for themselves may be appointed as well.

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Q: Can we transfer my moms property thru intestate succession to our names or is doing a small estate affidavit ? No will

1 Answer | Asked in Probate for Arizona on Sep 18, 2014

Answered on Sep 18, 2014

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Adam Martinez's answer
Generally, in Arizona the heir or heirs entitled to a decedent's estate may transfer the decedent's interest in real property by an affidavit provided that: (1) at least six months have passed since the death; and (2) the assessed value of the real property, less liens and encumbrances, does not exceed $100,000.

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Q: I'm the personal representative of my dads estate. Do I get compinsated, or does the lawyer get all fees allowable?

1 Answer | Asked in Probate for Maryland on Aug 27, 2014

Answered on Sep 5, 2014

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Thomas C. Valkenet's answer
You may get paid if you actually do work, and that means you must decide what tasks will be performed by you and which tasks will be performed by the lawyer. The lawyer works for you, as PR. Meet and discuss with your lawyer.

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Q: will it go into probate?

1 Answer | Asked in Probate for North Carolina on Aug 5, 2014

Answered on Aug 10, 2014

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Jonathan Craig Reed's answer
All states give a surviving spouse certain rights to the deceased spouse's estate. However, the rights vary from state to state and your rights in a particular item in the estate will depend in any state on the total picture. Therefore, I don't see a simple answer.

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Q: Hello,My mother recently passed away and I have been left the executor of the estate. She has a large amount of debt

1 Answer | Asked in Probate for Arizona on Aug 23, 2013

Answered on Jul 27, 2014

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Stephen J Gonzalez's answer
You should see a probate lawyer. There are inexpensive title transfer procedures available and you need counsel as to handling of the debt. You are not responsible for your mother's debt. The estate assets are subject to that debt and only to the extent there is value.

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Q: How long do I have to protest my boy friend of 25 years probate.Family promised the jewerly and furiture I purchased.

1 Answer | Asked in Probate for Arizona on Nov 19, 2013

Answered on Jul 27, 2014

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Stephen J Gonzalez's answer
To contest probate, it is usually 4 months from when you receive the required notice. If you owned the property, it would not be subject to your boyfriend's probate. You should get a lawyer.

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Q: What do I do to sell real property in California when I am the P.R of the estate in Arizona

1 Answer | Asked in Probate for Arizona on Jan 7, 2013

Answered on Jul 27, 2014

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Stephen J Gonzalez's answer
You will probably need to have an ancillary probate in California. It is a streamlined form of probate. An Arizona court cannot transfer title to California property. Please consult California legal counsel familiar with probate.

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Q: My son was willed a property

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

Answered on Jul 27, 2014

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Stephen J Gonzalez's answer
He needs to contact a probate lawyer in the state where he thinks he was willed property. It would be helpful for that lawyer to know the address of the property as well if you have it.

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Q: my dad just died and his girlfriend isn't giving my sister & i the lawyers name, what can i do? should i call police?

2 Answers | Asked in Probate for Washington on Jul 19, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
The better bet is spend some time trying to figure out as best you can what you think your father's assets were. Then call some probate attorneys near where your father lived. Many probate attorneys will talk to you on the phone for a few minutes for free to see if you have a probate case they would like and if the attorney is interested you should be able to ask the lawyer questions about fees (which can vary a lot from one lawyer to another.)

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Q: If deed is Joint Tenants with Rights of Survivorship and a will divides property differently, which takes presidence?

1 Answer | Asked in Probate for Alabama on Jul 22, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
Usually the deed. However, there can be exceptions under state law--probate is almost all state law rather than federal law--so you would have to consult with an Alabama attorney to see if there might be an exception to the general rule that the deed controls.

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Q: It's been almost four years a legal team been working on a probate house. Is this normal or should I be worried?

1 Answer | Asked in Probate for Tennessee on Jul 22, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
Most probates don't last that long. But, when they do, it is usually not the lawyers' fault. It is impossible from a description that will fit into a question on this forum for another lawyer reading the question to know why the probate took so long.

People understandably get anxious about open ended attorneys' fees. That why in my Nevada probate practice I usually offer my clients an agreed upon fee in advance. But I can only do this in uncontested cases and in cases where I have...

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Q: No will does the court assign a. Lawyer or I must find one

1 Answer | Asked in Probate for New York on Jul 22, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
The court does NOT automatically step in and hire a probate lawyer when someone dies. Many people die without there being any need for probate. People who are entitled to inherit in the absence of a will must hire a lawyer and initiate the probate process.

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Q: Is there a way the executor of a will can avoid paying a bond to discharge the duties of the office of representation?

1 Answer | Asked in Probate for Illinois on Jul 23, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
This varies from state to state and I don't know the answer in Illinois. In Nevada where I practice if the personal representative needs a bond, that can be avoided by using the attorney's trust account, so if that were also the case in Illinois, saving the cost of a bond might offset somewhat the cost of hiring a probate lawyer.

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Q: Title to house was joint tenants, mom and son. Mother died. Does house need to go to probate?

1 Answer | Asked in Probate for Missouri on Jul 23, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
If the house was properly titled to mom and son as joint tenants, the house won't need to be probated. Check with a Missouri probate or real estate attorney to see if it was properly titled as joint tenants and have the lawyer draft an affidavit of death of joint tenant or other document to make title official solely in the son.

Usually, an original will should be filed by the person in possession of it and usually delay in filing the original will does not have any bad consequences as...

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Q: My mother passed in 7/2014 my niece has taken over the property and her name was in my mothers bank accounts.

1 Answer | Asked in Probate for Minnesota on Jul 26, 2014

Answered on Jul 27, 2014

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Jonathan Craig Reed's answer
Most probate attorneys will give you a free phone consultation. If the niece was a joint owner of the bank account or a payable on death beneficiary of the bank account, the niece would normally get the bank account proceeds. The county recorder where your mother's house is located may have a public website that shows ownership by address and name. You could check and see if the house was solely in your mother's name (probate required) or in joint tenancy with your mother and niece....

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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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