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Probate Questions & Answers
1 Answer | Asked in Probate for California on
Q: Can I sue my lawyer for misrepresentation, he missed all filing dates ect.

He failed to represent me in court.

David Ostrove
David Ostrove
answered on Jun 30, 2022

You may sue your lawyer, but that does not mean that you will win anything.

You must prove all the elements of your case:

You must prove that he/she was your lawyer.

Did you have a client lawyer fee agreement?

You have to prove that your lawyer was negligent,...
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1 Answer | Asked in Contracts, Family Law, Child Support and Probate for Florida on
Q: How do I put a lien against my ex's grandmother's will?

She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 30, 2022

You don't. You hire an attorney, asap.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: Can a person be charged with felon in possession of a firearm if the firearm was found in another person’s possession?

To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Can he be charged? Sure. Will he be found guilty? No way to tell.

1 Answer | Asked in Probate for Virginia on
Q: how to deposit a cashiers check when the payee is deceased

The cashier check is made out to the deceased and drawn on the deceased bank account. The deceased bank account is frozen.

Richard Sternberg
Richard Sternberg
answered on Jun 29, 2022

You will need to make a claim in the deceased's probate estate, assuming there is an estate. If the account has a beneficiary and there is no estate, you may be out of luck. Consult legal counsel if the check is big enough to be worthwhile.

1 Answer | Asked in Probate for Tennessee on
Q: If my siblings were given a lifetime estate in the property we jointly inherited can I still force a sale?

Can I use the partition provision of TN law to force a sale of property I jointly inherited with family members, when 2 of the 6 beneficiaries of the will were also given a lifetime estate in the properties as part of the will?

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2022

Yes but only with their consent.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Do we have to go to probate court for all assets on an estate even if we only have questions on a portion of the estate?

My father recently passed away. He did not have a will. My mother is alive and was his legal spouse. Most of the assets are in both of their names. My dad had a life insurance policy on me and one for my sister where he was beneficiary. My mom was not listed on the policies. He had taken out a loan... Read more »

Angela L. Haas
Angela L. Haas
answered on Jun 28, 2022

You don't have to go to court at all, if your mother will be administering his estate. Have her meet with an attorney as to what to do, as the attorney will want to review all assets and debts related to the estate, before giving any definitive answer. If you or your sister intend to... Read more »

2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Michael David Siegel
Michael David Siegel
answered on Jun 27, 2022

I think I understood your question until the 1 of four point. You went from two people to four people. I would need more information, or better yet, have a lawyer look at the documents.

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2 Answers | Asked in Real Estate Law and Probate for New York on
Q: Does Rights of Survivorship pertain to the property deed and/or recorded mortgage?

Two people listed on the recorded mortgage but only one of them on the recorded property deed. What weight, if any, does the other (not on recorded deed) on the mortgage have in regards to ownership of the property?

Jack Mevorach
Jack Mevorach
answered on Jun 27, 2022

Rights of survivorship are generally applicable to deeds, whether by tenancy by the entirety or joint tenants with rights of survivorship. Ancillary Promissory Notes and Mortgages would need to be analyzed independently.

Jack

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2 Answers | Asked in Probate for Tennessee on
Q: If I am joint owner of Mom's banking account will the court order that also to be split?

If I am joint owner of Mom's banking account will the court order that also to be split?

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 27, 2022

If you are the Joint Owner, then the Bank Account is yours and does not go to the Next Of Kin. Who the Heirs are, of which Decedent, is something you need to talk to a competent attorney. Title needs to be searched, and Heirs determined. The paper may or may not be a Will. If not Probated, it... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: If I am the only living child will a court award disbursement to my deceased brother's children

There is a mortgage-free home which I assumed would automatically go to me, her daughter and POA while she lived. My only living sibling died in September 2021. She left a handwritten paper that it should be split equally between my brother and me. But I am told it is not a valid will. Would I not... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 27, 2022

When a person dies without a valid law, heirship is determined by the laws of intestate succession. It sounds like your mother was single when she passed. In that case the estate is split into one share for each child, living or deceased, unless a child died without any living descendants of his... Read more »

2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 26, 2022

Sounds like you have the item and it was on the later list so it sounds like you have the right to keep it. But a lawyer would need to review all the documents and the estate documents issued by the probate court to tell you anything with certainty.

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2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 26, 2022

If the item were a gift and delivered to you and is presently in your possession, the item belongs to you. If no delivery of the gift took place, the second controls,

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

You really need to retain an experienced Probate attorney, who will know how to handle the provisions of the trust. This is a legal question, not an accounting question. Only attorneys are licensed to give legal advice, not accountants. Another type of attorney you could consider is an Estate and... Read more »

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 24, 2022

This is aquestion best answered by a CPA.

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1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Any interested party can request removal of an administrator? So if I am a sister in law can I petition the court?

My husband has 6 siblings all beneficiary’s of an estate in probate. My husband wants me to handle the probate and so do 3 other siblings because their sister the one in charge is mishandling things. Am I allowed to do that being that I am only a sister in law ?

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Jun 23, 2022

It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections:... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Does each beneficiary have to sign a petition to have the administrator removed ? Do all 6 have to be in agreement?

Also one of the beneficiaries has passed away was paperwork suppose to be submitted to the court to show this? The current administrator is not trustworthy at all can she hide the money once property is sold by any chance?

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Jun 23, 2022

No. According to Probate Code section 8500, any interested party can petition the court to remove an administrator. The language of section 8500 is as follows:

8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may...
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1 Answer | Asked in Probate for California on
Q: How do we remove an administrator from a probate? The one handling an Estate we live in is not following through.

She moved away is not communicating with anyone and has mental issues.

Howard E. Kane
PREMIUM
Howard E. Kane
answered on Jun 23, 2022

The process involves filing a petition with the court that has jurisdiction over the matter. The absentee administrator may not object to being removed and may be relieved that someone is willing to take over the responsibility. Any interested person has the right to file a petition in the Probate... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

2 Answers | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 23, 2022

Surviving Spouse is a Heir At Law under TN's Intestate Succession Statute. Also a Surviving Spouse has various rights in the Decedent's Estate under the Probate Statutes. You are confused with Divorce laws.

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