Probate Questions & Answers by State

Probate Questions & Answers

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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Q: I filed a summary administration last week, and forgot to add furniture as an asset which amounts To 300.00 total.

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
A complete review of what you have filed is necessary to determine if anything needs to be done. You might want to add things in an amended petition for summary administration. But this depends upon the facts and reviewing what has already been filed.

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Q: Can someone tell me if the homestead act stays in tact follwing a person's death?

1 Answer | Asked in Probate for Florida on Sep 8, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You are wrong. The homestead is protected property in FL and is not subject to the claims of creditors. When your aunt died, he home passed to her heirs at law. Her insurance will take care of the accident. You need to go see an attorney swiftly.

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Q: My mother pass oct 2012. She had an accident lawsuit going on. This was in Florida

1 Answer | Asked in Probate for Florida on Sep 22, 2014

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
More facts are needed to answer this question. Ask your attorney about this.

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Q: My dad passed away in Florida. He was renting and his girlfriend wont let me in and says everything is hers.

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You must hire an attorney immediately if you have not already done so. You have to marshall the assets of the estate in order to be able to distribute them in accordance with Florida Statutes. You basically have the same powers over the assets as your dad did. If a crime has been committed, you have to report the crime.

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Q: how to I request to reopen of probate

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
In any probate case it is always best to have an attorney.

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Q: My father passed away and was remarried in PR. "Declaración de herederos" was done. Do we get equal shares of the monies

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

Answered on Oct 24, 2014

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Robert Jason De Groot's answer
You will have to ask an attorney in PR about this. The probate law of the place where the decedent died is the law that must be followed.

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Q: What can I do...

1 Answer | Asked in Probate for Virginia on Oct 14, 2014

Answered on Oct 17, 2014

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Mr. Andrew T. Bodoh Esq.'s answer
You may be able to challenge the validity of the will. If the amount of the will is significant, you should consider consulting an attorney.

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Q: My mother died suddenly during a routine operation and left no will. How do I proceed?

1 Answer | Asked in Probate for Puerto Rico on Sep 23, 2014

Answered on Oct 1, 2014

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Lcdo. IVAN M ALERS's answer
In P.R., you must file in the court a petition for a Declaration of Heirs.

If you don't have good communication with your brother, it is strongly suggested that you seek a probate attorney ASAP in the area where the house is located.

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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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