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Probate Questions & Answers
1 Answer | Asked in Probate for Tennessee on
Q: A man died in TN w will. Beneficiary cant be located. No immediate family. Is there any reason sibling couldnt be heir
Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hopefully nobody has filed that document for Probate. Then a good lawyer can provide a source of title for the existent Heir. If Probated there is a statutory process for searchng for heirs, which is expensive and difficult. The Estate may not be worth it, and whoever filed it for Probate... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Do I have to be there to sign for the sale of the house that was willed to me and my brother my sister
Lloyd M. Nolan
Lloyd M. Nolan answered on Sep 24, 2021

That question cannot be adequately answered without more information, such as: Is this actually "willed" to you and your brother and sister, OR is has it actually passed to you immediately by virtue of a non-probate transfer device, such as a Beneficiary Deed. Is there actually an open... Read more »

2 Answers | Asked in Probate for Michigan on
Q: If two house MI & FL are taken out of a trust to put both sons on the title of the houses, will it go into probate court

My father passed away but before he did, he place the survivors of his family to be the inherited. This includes 401K, IRAs, bank accts, and two houses located in Florida and Michigan. My mother and I are wanting to pull the houses out of the trust so that we can have her sons on both titles of... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 23, 2021

The question doesn't quite make clear what all is going on. If the houses were in the father's trust, and then he passed away, his trustee is in charge of the house and must do with it what the trust says. Unless your mother is the trustee, she would have no authority to do anything with... Read more »

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2 Answers | Asked in Consumer Law and Probate for California on
Q: My deceased sister's car was towed and held in the tow company's lot. They're demanding $10K in storage fee's, in Ca.

Her boyfriend used the car after her death but had it towed claiming it was abandond in his driveway 6 months later when he found out her sister (heir) had been found. Isn't there a limit to storage fee's in Ca.?

Howard E. Kane
Howard E. Kane answered on Sep 23, 2021

Section 10652.5 of the Vehicle Code caps the storage fees that can be charged to 15 days IF the towing company provides proper notice to the owner by certified mail, return receipt requested. The question then becomes whether or not the towing company provided proper notice which may allow them to... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: W hat to do when my mother has passed away and father has not given me a copy of the trust

My mother and father set up a trust my mother passed away of cancer in May of 2020 starting it was irrevocable but as of today my brother and I have not received a copy of the trust since then my father has remarried in June of 2021 and have no idea of how to go about getting a copy from him... Read more »

Howard E. Kane
Howard E. Kane answered on Sep 22, 2021

I'm sorry to hear about your mom. You shouldn't feel bad about asking your dad for a copy of the Trust document since you are clearly entitled to a copy. Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to... Read more »

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1 Answer | Asked in Probate for California on
Q: By law does the judge have to dismiss any petition for revocation or contest if the will was probated over 120 days ?
Howard E. Kane
Howard E. Kane answered on Sep 22, 2021

Per California Probate Code §8270, "Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person who had actual notice of a will contest in time to have joined in the contest, may petition the court to revoke the... Read more »

1 Answer | Asked in Probate for New York on
Q: Is it true that two-thirds of the siblings have to agree on disposition of body if a single person w/no kids dies in WA?

Parents deceased. There seems to be no will or designated agent.

Tim Akpinar
Tim Akpinar answered on Sep 22, 2021

Your question remains open for a week, and looks like it could involve Washington State law. There's no guarantee all questions are ultimately picked up on this board, but you could try reposting under Washington. Good luck

Tim Akpinar

1 Answer | Asked in Probate for California on
Q: In a california probate case does an heir have only 120 days to file a will contest or revocation of will?
Howard E. Kane
Howard E. Kane answered on Sep 22, 2021

Key deadlines and timelines in California probate include:

Contesting appointment of personal representative: at or before hearing (by filing written objections)

Response to will contest: within 30 days after service of summons

Petition to Revoke Probate: within 120 days...
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1 Answer | Asked in Probate for Tennessee on
Q: I am the Administrator for my son’s estate. He signed a note to his former employer. Can I dispute?

Can I make them provide receipts for charges? Also, he had some vending machines at their business with a partner. They are claiming after 15.years that he doesn’t own them and are keeping his proceeds and still sending the partner theirs. Is this legal?

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2021

The creditor has the burden of proof for a debt. And as the Administrator you have standing to sue for breach of contract, which is going to be hard to prove, and you have the burden of proof. You will have to have a competent TN attorney and time may be working against you. You will have to... Read more »

1 Answer | Asked in Banking and Probate for Tennessee on
Q: Small Estate Affidavit

My father died 5 months ago and my mother is being told by her bank that she must file a small estate affidavit with the court before they will give her a "gold seal" that she needs to receive earnings from some stock my father owned. She has received conflicting stories from every... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 21, 2021

The assets that are counted for determining whether the estate is under the small estate affidavit limit would NOT include the "jointly" owned house or vehicle, but there is a process that needs to take place to get those retitled.

The personal property and bank accounts of the...
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1 Answer | Asked in Probate for California on
Q: His ID says he lived in Orange County he resided in Palm Springs but died traveling in Montana. Can we file a 13100?

Full time RVer used Orange as mailing address we were physically in Palm Springs. Most assets either were spousal or had beneficiaries so under the 150 000 threshold. Also spouse and 4 children to sign and not all in the same place. Can one sign in front of notary, forward to the next to repeat... Read more »

Howard E. Kane
Howard E. Kane answered on Sep 21, 2021

I believe the answer to your question is a simple "yes".

The probate form 13100 affidavit allows for a formal request of property to be delivered or transferred to the successor.

Excluding property described in Section 13050, if the gross value of the decedent’s real and...
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1 Answer | Asked in Probate for Oklahoma on
Q: Will OK county probate judges look at intent, or stick to the letter of the law?

My 82 year-old stepdad just passed, and though he and my mom (married 32 years) had a typed doc stating that in the event of either’s death, everything would go to the other, in the event of both of their deaths, everything would go to me, the document wouldn’t qualify as a will since there are... Read more »

James Tack Jr
James Tack Jr answered on Sep 21, 2021

I am sorry for your loss. Since the property is in your stepdad's name only, there will have to be probate of the estate. You should contact a probate attorney as soon as possible to discuss all of the facts so they can give your mother appropriate advice. Your mother may have homestead... Read more »

1 Answer | Asked in Municipal Law and Probate for Maryland on
Q: What type of deed is used in Maryland to transfer property from the treasurer to an individual? Is it a special warrant
Richard Sternberg
Richard Sternberg answered on Sep 20, 2021

There are three types of deeds in real property in Maryland: 1) General Warranty Deeds; 2) Special Warranty Deeds; and 3) Quitclaim Deeds. The first is rarely used in Maryland. It promises that the transferor's title was good from all claims before him. The second type merely warrants that the... Read more »

1 Answer | Asked in Probate for Ohio on
Q: cuyahoga county ohio Probate no will filing to become admin and a bond has been requested

only asset is home and only sibling has no interest in property. Have been advised to do quick claim deed at end but am wondering why not advised to do a disclaimer or renunciation now as would this not require bond?

Andrew Popp
Andrew Popp answered on Sep 20, 2021

Disclaimers do not avoid probate. A disclaimer means that the heir who is disclaiming is deemed to have predeceased the person that he or she is inheriting from. The next person set to inherit under Ohio's Rule of descent and distribution would then inherit the property.

I take it...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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1 Answer | Asked in Probate for Pennsylvania on
Q: My aunt got my sickly 88yr old grandmother to give her everything in the Will a few months after grandfather died.

Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.

1 Answer | Asked in Probate for Pennsylvania on
Q: My brother died without a will. I am personally responsible for debts?

My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... Read more »

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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1 Answer | Asked in Probate for Florida on
Q: I am the Personal Representative and custodian of an original Last Will of a decedent, Broward Co., FL. Small estate.

The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.

What other documents should I present to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2021

I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »

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