Lawyers, Answer Questions  & Get Points Log In
Probate Questions & Answers
1 Answer | Asked in Probate for New Jersey on
Q: Step mother died the. My father died 17 hr. Later

When they married her 2 children were grown and out of the house. They never lived with my gather and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 21, 2021

Your narrative raises a number of interesting issues. However, there was no question posed? The best suggestion would be to seek the advice of an attorney.

1 Answer | Asked in Probate for Nevada on
Q: if i started a case rep myself then got and attorney and then the attorney fell of . can i file documents myself again

a document he provided for signature. my i file that myself since hes mia

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Jun 21, 2021

You will need to file a substitution of attorney in the proper person. The self help center will have forms that you can use to achieve that objective.

1 Answer | Asked in Estate Planning and Probate for New York on
Q: If a will indicates two beneficiaries, who both predecease the testatrix, who is the lawful distributee?

B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).

Julie King
Julie King answered on Jun 21, 2021

The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming on
Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be... Read more »

2 Answers | Asked in Probate for Nevada on
Q: My father died in Las Vegas without a will. I have a estranged half sister. Does the court automatically give her half?

I’m going to file the set aside and mail her notice and wondering if I will get the entire estate if she doesn’t file an objection or will the court just automatically give her half without her showing up in court or objecting. We haven’t seen her for 30 years so the chance of her responding... Read more »

Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 21, 2021

If your father died without a Will and the "estranged" daughter is his biological daughter and you and she are the only children he ever had and he died unmarried, she gets half of his estate just like you. If you fail to mention her in paperwork you file you will be committing a fraud.... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 21, 2021

You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also... Read more »

View More Answers

1 Answer | Asked in Probate for Georgia on
Q: Is there a way to get an inventory list if the will mentions O.C.G.A 53-7-33? Is there a way around it?

My father in law died, leaving my husband everything and naming him the executor to his will too.

My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 21, 2021

You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.

1 Answer | Asked in Criminal Law, DUI / DWI and Probate for Ohio on
Q: What if I am on probation and condition of my probation is to not drink alcohol and I get in a car accident drunk

Before this I was on probation and broke it for getting a DUI and went to jail for one year then got on probation again this time and for the first time broke it by testing positive for alcohol and then got in the accident the next day in geauga county

Andrew Popp
Andrew Popp answered on Jun 21, 2021

You are subject to the same maximum penalties as you were for the original charge. Every time you violate probation the punishment typically increases. What should you do? Hire an attorney to get you the best possible resolution. Don't expect a miracle with these facts however.

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: my mother and i lived together over 10 years got along grate she waned me to have home passed away unexpected no will

i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

Merely wanting you to have the home is insufficient; a written will would be required; however you and your siblings, if any, will probably inherit her property according to the intestacy (no will) statutes. But for the real property, etc., you will have to file a probate petition with the court... Read more »

View More Answers

3 Answers | Asked in Probate for New Jersey on
Q: Can a Executrix change any information on the Will after the death of the person?

Received a Will to sign and the information does stay the verbal information I was told by the deceased.

Nina Whitehurst
Nina Whitehurst answered on Jun 18, 2021

The short answer is no, a will cannot be changed after the testator has died. You probably did not receive a will to sign. The only will you can sign is your own. If you do not understand what you are being asked to sign, you should take it to a probate attorney to review.

View More Answers

1 Answer | Asked in Probate for Florida on
Q: My step-Dad and My Mom's property is intestate. She paid for the land and property and we are not heirs?

Dad died after Mom and I just found out his kids are heirs and not my Mom's kids. She paid over $30,000 for the land and property. We feel we should at least get that back. She has 3 living children.

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

More than likely, when your Mom died your step-dad inherited the property by operation of law or in a Will. Once that happened, his children become the heirs. Sorry to say, you are out. The fact your mom paid for the land is of no consequence. Had the Step-dad died first, his kids would be out.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

Anna L Self
Anna L Self answered on Jun 17, 2021

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

View More Answers

1 Answer | Asked in Probate for South Carolina on
Q: How can I find out who can do an inventory and appraisement for land in South Carolina?

I am doing probate for my nephews land and trailer in SC. Rather difficult to find who will do the inventory and appraisement as I live in Virginia. I have the form to file with the court. There is no one in SC to do this. Probate has already started. I've received letter of appointment.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 17, 2021

If you are issued Letters of Administration, then you have the authority and legal duty to marshal up assets of the Estate yourself. If you do not, then you will probably be removed. Talk to a competent attorney as Probate may not be needed or someone else might need to be the Administrator.

2 Answers | Asked in Family Law and Probate for Florida on
Q: I'm trying to get a guardianship vacated

This past September, my mother was granted permanent guardianship of my now 13 year old son. They live in Lake County, Illinois and I live in Washington County, Florida. The CPS case, which in now closed, originated out of Walton County, Florida. My situation has drastically improved and I am... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 16, 2021

You have to determine which state now has jurisdiction - could be Florida, could be Illinois. What you do not do, is think that this is easy or that it is a DIY project. it is not either. Step 1 is to consult with a Florida attorney who practices guardianship matters to determine where a petition... Read more »

View More Answers

1 Answer | Asked in Probate for Massachusetts on
Q: Does a successful motion-to-dismiss cancel a pre-trail in Massachusetts?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021


1 Answer | Asked in Probate for Massachusetts on
Q: In Massachusetts can poorly written objections (contesting a will) be dismissed with out a pre-trail.

Objection states no wrong-doing nor does it offer any evidence of wrong-doing. It only implies wrong-doing. Is there a process in which pre-trail can be canceled? Can an order of dismissal be serviced without conference/pre-trail?

Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 16, 2021

If the Appearance and Objections/Affidavit were timely filed then a Motion to Strike may work.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Probate for Arizona on
Q: How can I get a letter of administration.
Nina Whitehurst
Nina Whitehurst answered on Jun 16, 2021

You need to petition the probate court to open a probate case (estate) and to have yourself appointed as the personal representative for the estate. A probate attorney can help you with this.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.