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Probate Questions & Answers
1 Answer | Asked in Probate for Connecticut on
Q: Does a life insurance policy have to be listed in probate?

I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?

Steven Basche
Steven Basche answered on Jan 23, 2022

Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

1 Answer | Asked in Family Law and Probate for Texas on
Q: How does one go about getting a copy of a will?

My husband's mom died last year and his sister was made executor of the will. My husband has never seen the will, and has no idea what's in it. Ant way he can get a copy, and if so, from where?

Isaac Shutt
Isaac Shutt answered on Jan 23, 2022

If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit/waivers will be needed to convey & allow 1 heir to sign over their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their interest/portion of the property

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.

1 Answer | Asked in Probate for Wyoming on
Q: My father passed away in 2019 in March and I just found out how can I find out if he had a will

I just got a copy of his death certificate

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2022

Check with whatever Court handles Probate jurisdiction in WY. Start with the County he died in, then possibly a County he owned real property. Ask was there a Probate for your Father? If so, read the File. If no Probate, then no Will has been Probated. Check the Land Records in whatever... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

Theressa Hollis
Theressa Hollis answered on Jan 21, 2022

Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit(s) /waiver(s) is needed to convey & allow 1 heir to transfer/relinquish their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property.

Kenneth V Zichi
Kenneth V Zichi answered on Jan 21, 2022

We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.

You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and...
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1 Answer | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »

1 Answer | Asked in Real Estate Law and Probate on
Q: My friend's Dad died and she owns 1/3 of the property and her dad had a 3rd. They can not get the other person to sell

The property is in MO

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »

1 Answer | Asked in Probate for Michigan on
Q: How do the heir that’s the Personal Representative convey in this situation?

Mother died Intestate

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 20, 2022

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... Read more »

3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

You can probably use a Small Estate Affidavit to collect both the bank account and the mobile home. No need to file anything in court. Any probate attorney licensed in California can help you with this for a very modest fee.

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2 Answers | Asked in Probate for New York on
Q: Can a sole executor of a will (also a beneficiary) sell real property without the other beneficiaries approval ?

Both parties have equal share of real property stated in will.

Bonnie Lawston
Bonnie Lawston answered on Jan 19, 2022

The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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1 Answer | Asked in Contracts and Probate on
Q: Can consideration be money paid to copy documents to a third party with no benefit to seller?

My dad offered to sell his land for $150,000.00 by a hand written letter to a buyer. The buyer days later met dad at a location and offered to pay $5 to copy some documents because my dad had large bills on him. A sale agreement is now being produced by the buyer stating that he paid $5 as... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

It is up to the buyer to try to sue for specific performance of the handwritten contract. It will be difficult as the Dead Man Statute now takes effect. Hire an attorney to review it and give his opinion on the risks, but it is probably negligible. It will also be difficult for him to... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can i have my sister removed from ourparents house untill the will has been probated she is exsecator of the will

My parents will states there property and estate is to be split equally between me and my sister and ahe is is named to over see the will she is currently staying in my paremts house and was before they passes away to help them and i have recently found out that she is letting my nieces and there... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

Was the Will Probated? If not, it means nothing. You may want to hire an attorney to Probate the Will, or possibly remove her as Executrix. Ultimately you can file for a

Sale for Partition of the real property.

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
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