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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New York on
Q: Under what circumstances can one be compelled to produce a will in court in New York?

If a named executor is filing for probate ,can a named beneficiary compel production of the will

Michael David Siegel
Michael David Siegel
answered on Oct 5, 2022

Yes. There is a petition to do just that. Not a form per se, but a form.

1 Answer | Asked in Probate for Texas on
Q: Am I entitled to my husbands portion of money from lawsuit he had active before passing away?

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John Michael Frick
John Michael Frick
answered on Oct 5, 2022

No. When a statutory beneficiary entitled to bring a wrongful death action himself dies, his cause of action for damages arising from the wrongful death of another ceases to exist.

1 Answer | Asked in Probate on
Q: In Kentucky, if an heir passes away prior to finalizing a will, does there portion go to their children?
Nina Whitehurst
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Nina Whitehurst
answered on Oct 5, 2022

It is not possible to fully and definitively answer your question without more facts, but usually what happens in that circumstance is another probate is required to administer the estate of the heir that died without a will. That deceased heir's estate would include the inheritance in the... Read more »

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can a judge let my deceased brother wife have everything after my uncle was trustie and now she is and not notify

Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 5, 2022

A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will... Read more »

1 Answer | Asked in Banking, Estate Planning and Probate for California on
Q: California small estate affadavit

I have financial power of attorney for my adult son. He is next of KIN to his father who just passed away. His only son. He had no estate. I am trying to have his fathers 401K tranistioned to an inherited IRA. I sent all the paperwork, POA etc to to the company. They require a California small... Read more »

Julie King
Julie King
answered on Oct 4, 2022

You can sign a California Small Estate Affidavit in Texas, so long as you have a Texas notary notarize your signature. Best wishes!

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I am the cosigner my son died the dealership took the car back and reimbursed me. Am I still responsible for the car?

I do not want to go to probate court, the dealership has possession of the car and cut me a check i used to pay funeral costs. it is no longer on my credit am I still responsible for the car?

Andrew Popp
Andrew Popp
answered on Oct 4, 2022

Probably not. It sounds like the vehicle was repossessed by the dealership. Until a vehicle is paid in full, the title does not pass to the purchaser. When a vehicle is repossessed they go back and resell the vehicle. What happens with the either refund (if the sale exceeds the balance on the... Read more »

1 Answer | Asked in Probate for Georgia on
Q: Mother passed in May with a will. Do we need to probate before selling her house?

She has sole ownership, and the house has a reverse mortgage. According to HUD the house must be sold. She has about $10,000 in debts. She has an IRA that my brother is the beneficiary. He is transferring it to his name as an inherited IRA. No other assets. I am her daughter and the executor of... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Oct 4, 2022

From your facts, obviously Probate will not help the Heirs at all. And it does not appear that you have anything to gain by cooperating in the Sale.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Ohio on
Q: Does a notary signature count as a witness signature on a handwritten will in Ohio?
Andrew Popp
Andrew Popp
answered on Oct 4, 2022

In short, it depends on how the notary is signing. If they are just notarizing a signature, no it does not work. If they are signing as a witness, then it may. I would have to refer you to Section 2107.03 of the Ohio Revised Code (link below). It's going to depend on the specifics on... Read more »

1 Answer | Asked in Divorce and Probate for Tennessee on
Q: Couple separated for years, divorce underway, wife passes away, living in different states

My wife and I were in the process of divorcing when she passed away last week. She lived in Illinois, I live in Tennessee. We had been separated for nearly 25 years. I initiated the divorce. We have no property to divide, nor did she have power of attorney or a will to my knowledge. She had no... Read more »

Bennett James Wills
Bennett James Wills
answered on Oct 4, 2022

You should discuss all this with your attorney. But if she passed during the divorce proceeding, then there's no more divorce. Depending on her estate, you may and likely are entitled to some, if not all, of her assets. The issue would need to go to probate in Illinois since that's where... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How do I contest a will?

I think my sister bullied my dad into leaving her everything when he died last month(August 2022) he had been living with her for a year and a half prior to his passing. He was one month short of 90 years old. In my opinion his mind was going. I am not sure how to categorize this. Is it probate... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. Try reposting this in the "Probate" and "Estate Planning" sections. There's no guarantee that all posts are picked up, but you'd have better chances of a response there. Attorneys in... Read more »

1 Answer | Asked in Probate for California on
Q: My mother passed way in March of this year i was told this week by my underage daughter that my mom left me some money

My brother told my daughter . He also told her that he forge my signature because I didn't make it home in time to do so .and if I tell who ever it is that's i need to call for the money there not going to give me anything !what are my rights ??

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Oct 4, 2022

The first step would be to determine if your mother had a will or a trust. If she did, then it may point to the property that you are talking about and you can discover it that way. You can demand that your brother (or whoever is the executor/trustee/administrator of the estate) disclose the asset... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Call the Court in your County that handles Probate and ask them. It should not be difficult. But if Probate costs too much, you might try an Affidavit of Heirship. Possibly legal aid might assist. It can be recorded and might then suffice for the Bank to release funds to the Next of Kin.... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Probate for Arkansas on
Q: What happens to an estate if will isn't probated within the time allotted.
Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Decedent's Assets are owned by his Heirs At Law (real property) and Next Of Kin (personal property). Probably need an AR attorney to search the title and advise who owns what.

1 Answer | Asked in Family Law, Estate Planning and Probate for Louisiana on
Q: I'm in the state of Louisiana. How is estates settled after death with no will.

Husband had 3 children prior to marriage wife had 1 child prior to marriage. No children together. Husband passed first with no will. Wife passed no will.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 3, 2022

I am sorry for your loss. A succession will have to be open to pass the decedent's estate onto his heirs----in this instance, since there is no will, who receives the estate is based on Louisiana law. Further, depending on the solvency of an estate, sometimes it may be advised to hold off on... Read more »

1 Answer | Asked in Probate for New York on
Q: My sister died without a will in NYC. I have given all of the necessary documents to lawyer working with administrator.

I have provided all necessary proof of kinship as the only sibling and there is nobody else to contest that I am the sole heir. I have no living relatives. However, I am being asked to prove that my sister never married or had children - which she did not. Will a professional genealogist report... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 3, 2022

You need a better lawyer. This is accomplished with an affidavit of heirship and does not require a genealogical search. Anyone who does this area of the law should know this.

1 Answer | Asked in Probate for Ohio on
Q: My brother passed away in June 2020 without a will. how do I get rid of his car that doesn’t work?

His father paid for the funeral. The county courthouse gave us info that his father can fill out paperwork to take ownership of the vehicle but he refuses to do so since he believes it’s not his responsibility. Communication is not an option. What steps can I take to dispose of the inoperable... Read more »

Aaron Epling
Aaron Epling
answered on Oct 3, 2022

If you don't want it, then have it towed. Eventually the towing company will sell it to pay for storage fees.

1 Answer | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 2, 2022

You do not need to amend the trust, usually. The typical solution is to prepare an updated Certification of Trust that recites that the original trustee is deceased and identifies the successor trustee(s).

1 Answer | Asked in Estate Planning and Probate for New York on
Q: Grandparents pass uncle is executor $ goe to my uncle aunt my brother&I Unclaimed prop. is out uncle w not claim can I?
Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

Your question may have gone unnoticed in the Family Law category. The nature of what you describe is closer to Probate and Estate Planning than Family Law. Although there's no guarantee that all questions are picked up, you might have better chances of a response under the Probate and Estate... Read more »

1 Answer | Asked in Elder Law, Probate and Estate Planning for Virginia on
Q: Suspect Trust having funds dispersed illegally. CA Orange County trust but I'm in VA and executor in Seattle. What to do

Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... Read more »

Richard Sternberg
Richard Sternberg
answered on Oct 1, 2022

There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California... Read more »

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