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Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Probate for California on
Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

Howard E. Kane
Howard E. Kane answered on Oct 14, 2021

The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

8270. (a) 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...
Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: My grandfather passed away and for years I’ve been living with him taking care of him. My uncle had lost the will.

I’ve been saving for 3 few months but it’s not easy when I pay all the bills, the house is paid off so there is no rent just condo fees. My uncle just sent me a letter giving me 30 days to leave or his team will take action to remove me. I’m not sure what to do or if I have any rights.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

"lost the will" doesn't cut it. See if an estate has been opened. The uncle can't just act regardless. You need to file a claim as a potential heir with the register of wills for whichever county you are in. You'd want to check to see if an estate has been opened. If it was... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: When I pass and leave house to my adult child can I put in will that my sig other can stay in house indefinitely?

My child lives elsewhere and my significant other has children

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2021

Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: In Texas, does a will have to be notarized on the date it was printed out ? Or can it be notarized at any given time ?

I am trying to help my elderly mother make a will. The date I printed all the forms was July 23, 2021. Can I still use those forms and get them notarized ? Or do I need to make a new will since this one was printed two months ago ?

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The self-proving affidavit on a will must be signed with the testator, two witnesses, and a notary all present at the same time. The date on the document should reflect the date they all sign. The date the document was printed doesn't matter.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 13, 2021

I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.

1 Answer | Asked in Probate for California on
Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Okay my aunt forged my grandfather's will and is taking the estate from me and my sisters

She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 12, 2021

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I...
Read more »

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: If I die and leave my house to my child, can I stipulate in my will that my boyfrnd lives there indefiniteltly

With his children

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 12, 2021

Yes, you can make those arrangements by specific provisions in your will. One way is to give what is called a life estate in the property, which gives your boyfriend control of the property until his death, or until he no longer wants it.

There are other ways, using testamentary trusts,...
Read more »

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: In Escambia County Florida, i heard it might be possible to pay a fine instead of community service. Is this possible?

I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary

Henry George Ferro
Henry George Ferro answered on Oct 12, 2021

It is certainly within reason to have the community service converted to a monetary payment in most parts of the state

1 Answer | Asked in Probate for Connecticut on
Q: My father passed away a few weeks ago and did not have a will, He only has about $49,000 in his bank account and owned

Some trucks and don’t know where the titles are.He didn’t really tell use much.What would be the next step?

Steven Basche
Steven Basche answered on Oct 11, 2021

You will need to petition the probate court for what is called intestate administration. That is what the process is called when someone dies without a will. Since his solely owned assets are more than $40,000, you won't be able to file a short form probate (called an affidavit in lieu of... Read more »

1 Answer | Asked in Family Law and Probate for California on
Q: Hi I need to find out how to become my mothers conservator she has a public guardian

Hello, my sister was my moms conservator but she fell ill and I guess when they couldn’t get it touch with her and claim they had no way to contact me so they appointed a public guardian. Now my mothers in the hospital I’m unable to make certain decisions i Need to find out how to file to... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 11, 2021

I'm very sorry to hear about your mom's situation and your sister falling ill. The official California Courts website is a good place to start the conservatorship process. A link to the self-help conservatorship web page is as follows:... Read more »

1 Answer | Asked in Probate for Georgia on
Q: i have been the sole caregiver to my sister for over 20 years she has one adult daughter who has never provided anything

as my sisters sole caregiver can i not claim a share of her estate, she owned her home but had no will she was estranged from her daughter am i not entitled to compensation for the 20 plus years i took care of her why should a neglectful daughter get everything when she never showed her mother any... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Oct 11, 2021

Without a will, you are not entitled to any inheritance unless you have a written caregiver agreement with your sister.

1 Answer | Asked in Estate Planning and Probate for Connecticut on
Q: My father passed away and didn't have a will.. How can I become executor of his estate so i can close out his account's?
Amanda Gilbert-Largent
Amanda Gilbert-Largent answered on Oct 11, 2021

From the brief facts described, you will need to file an application with the probate court in the state of domicile. There are a few different forms that may need to be filed depending on your circumstances and how the assets were titled. Some assets may have a beneficiary already listed, or may... Read more »

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: After being married to and living with a man for 8 years we separated but did not get divorced. We had 2 boys.

We never lived together again. 10 years after we separated he had a heart attack, suffered brain damage, and had to be put in a home for 10 year. He recently passed away. All he has left is about $330K in his IRA. While incapacitated his mother created a will leaving all money to his sons and... Read more »

James H. Wilson Jr.
James H. Wilson Jr. answered on Oct 10, 2021

Property often transfers at death through nonprobate transfers, including survivorship on title, beneficiary designations on accounts, payable on death bank accounts (POD), and transfer on death investment accounts (TOD). Nevertheless, such transfers are still subject to legal requirements of... Read more »

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