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Probate Questions & Answers
2 Answers | Asked in Probate for Texas on
Q: My mother passed away in Aug 2021 without a will. I have brother from same mother and father, also my stepfather.

My mother had land given to her by her parents with the deed in her name. She was given this this land before she married my stepfather. She lived on property with my stepfather who still lives there, which is fine. I just want to make sure we get done what need be as far as deed transfer and also... Read more »

Isaac Shutt
Isaac Shutt
answered on Feb 7, 2023

You should definitely meet with a lawyer with probate experience. Since your mother received the property by inheritance, it is considered separate property. However, the legal presumption is that all property acquired during a marriage is community property. This distinction impacts the shares... Read more »

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1 Answer | Asked in Probate on
Q: Hello, i am executor in my deceased brothers will. The lawyer that did the will with is also helping me with probate.

I am told to mail the will to her, but i live in ohio and am worried about something happening to it. Do i really need to send the original? I already sent a copy? Also it will go to Georgia.

Nina Whitehurst
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Nina Whitehurst
answered on Feb 7, 2023

Your attorney does need the original. One secure method is to send it REGISTERED MAIL, RETURN RECEIPT REQUESTED at a United States Post Office. Not certified mail. Use REGISTERED mail.

1 Answer | Asked in Probate for Ohio on
Q: I live in Ohio. Tryng to fill out probate papers for deceased brother in NYC. Can someone help/guide us on filling out?

No will was found. Need to transfer next of kin responsibilities from mother to sister. The mother is incapable to handling details and wants to pass on to daughter. We're trying to fill out forms ourselves but having difficulty understanding some of the procedures. We live in Medina, Ohio... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 7, 2023

OH law is different from NY law. You'll need an attorney in NY if that is where your brother lived. Use the Find a Lawyer tab to retain a local NY probate attorney who can review all the information, fill out all the NY probate documents properly, file them with the court, file any tax... Read more »

2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: My mother recently passed away. I took care of her. I received a letter from an attorney that my mom's uncle died.

She is listed as 1 of the 5 to receive money. Its her 2 brothers and 2 of her sisters kids because their mom died. Would i get what my mother was being left? I am the only child she had. The woman said she would check because of a form that has to be filled out. My mom's sister is deceased and... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 6, 2023

Whether your mother is a distributee of the uncle's will depends upon how the uncle's will reads. It's common for Wills to include alternate provisions for named heirs who predecease the testator, and your great-uncle's will may well redirect the bequest to your mother when she... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: If my Great uncle passed in 2005 and states that he left no heirs could I step up and claim

A partition has been done[2023]. I'm 40 years old born in 82 and uncle died in 2005.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 6, 2023

If you believe you are an Heir, then move to intervene in the Partition Suit immediately. Apparently the Plaintiff does not think you are one of the Heirs so he did not sue you. Be prepared to prove you are actually an Heir under the Intestacy Statute.

1 Answer | Asked in Probate for Pennsylvania on
Q: Obtaining guardianship of a minors estate?

I reside in the state of PA. My minor son (he is 4) is a beneficiary on his deceased fathers life insurance policy. The insurance company is requesting that I get court documentation to show that I have been appointed as the guardian of my minors estate. I cannot for the life of me find the form... Read more »

Stephen M. Asbel
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Stephen M. Asbel
answered on Feb 6, 2023

A guardianship of a minor's estate is required if the amount of the minor's assets exceeds $25,000.00. A guardianship of a minor's would be established by petitioning through the Orphans Court Division of the Court in your county.

It is important to note, however that while...
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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
John Michael Frick
John Michael Frick
answered on Feb 5, 2023

If you cannot locate your mother’s will, you can probate her estate intestate (as if she doesn’t have a will).

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2 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
Alisha Melvin
Alisha Melvin
answered on Feb 5, 2023

Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will... Read more »

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
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Nina Whitehurst
answered on Feb 5, 2023

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your...
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3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Feb 5, 2023

The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Alabama on
Q: My husband just died and left his entire $1,000,000 life insurance policy to his sister. We have minor children.

He told me I was beneficiary. Life insurance policy was paid for 12 years from our joint account. Married over 17 years. 2 minor children. Do I have cause to contest this?

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your husband and the concealment of the terms of the policy. This is posted under Bad Faith, but attorneys who practice in the Probate and Estate Planning categories might be a better... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
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Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »

2 Answers | Asked in Criminal Law, Constitutional Law and Probate for Texas on
Q: Technically, does the prosecution still need to prove guilt if a person takes a plea?

If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.

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1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 1, 2023

Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can an executor of a will change it after the person dies in Texas...

My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

Isaac Shutt
Isaac Shutt
answered on Jan 31, 2023

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom has separate and community property, where would her medical debt be paid out from.

She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to...
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2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

I am sorry for your loss.

The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do...
Read more »

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