Lawyers, Answer Questions  & Get Points Log In
Probate Questions & Answers
1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for Texas on
Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024

Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Libel & Slander and Probate for Texas on
Q: Our parents died 37 hours apart in 2018. Their will was basic and simple just naming the other as beneficiary.

My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Apr 1, 2024

I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More

1 Answer | Asked in Estate Planning, Collections and Probate for Kentucky on
Q: My father passed with unknown debts. my mother is still alive and living on the property. Can they take the property?

We arent sure what debts are out there. We got a notice from an Estate Information Serivce trying to reach someone about my father's estate. We havent contacted anyone. But i want to know if my mother and their home is safe.

Timothy Denison
Timothy Denison
answered on Mar 31, 2024

Depends on whose name the property is in. You need to run a credit report on dad and see what debts you can ascertain are owed. Until you determine exactly what debts are owed, the property is far from safe or secure.

1 Answer | Asked in Probate and Estate Planning for California on
Q: Is it illegal to hold back my signature to sell property held in a trust for reasons other than I disagree w/the terms?

I am a beneficiary in my grandparents trust, and it states that all beneficiaries must agree upon the sale of real property before it can be sold. My brother, who is also a beneficiary and a trustee, basically snaked half of my inheritance. I didn't have the money to contest anything or try to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

Under California law, as a beneficiary of a trust, you generally have the right to review and approve the terms of any sale of trust property. If the trust agreement requires all beneficiaries to agree to the sale of real property, you are not obligated to sign off on the sale unless you agree with... View More

1 Answer | Asked in Landlord - Tenant, Probate and Small Claims for Arizona on
Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024

As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the...
View More

3 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Ohio on
Q: My father died in a car accident in August, disinherited my brother and I in his will..

He left everything to my children (two minors ages 8 and 6) to be held in trust until they reach 30 years old. He owns a home which I know he would want to be kept for them. He named a family friend to serve as the Executor of the will and Trustee for the kids. Well we were evicted from the place... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 30, 2024

In your situation, it's crucial to understand that the legal dynamics surrounding estates, trusts, and real estate can be complex, especially when it involves minors and inherited property. Given the urgency of your eviction and the specific circumstances, seeking legal advice from an attorney... View More

View More Answers

3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Consult with a probate attorney in CT for advice on venue. Sometimes it is better to venue shop, especially in view of estate creditors and asset location. Or it may make no difference except to the fiduciary's convenience.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Steven Basche
PREMIUM
Steven Basche
answered on Mar 28, 2024

Based on the information you provided, you would be better off filing in Connecticut. It sounds to me that he was a resident of Connecticut, and was only temporarily in Massachusetts. Also, because he has assets in Connecticut, the Connecticut probate court, would certainly have jurisdiction.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Connecticut on
Q: Which state to file probate case in?

My father was a resident of Connecticut and owned property there, but was recovering in a short term rehab near me in Massachusetts at the time of his death. I can't seem to get a straight answer on which state I need to file a probate case. He was only in Massachusetts 68 days and intended to... View More

Gerald Shea
PREMIUM
Gerald Shea
answered on Mar 28, 2024

Your father's domicile controls, which is where he lived with an intent to return. If he has a CT condo, receives mail there and intended to return, then probate court for the town of his Connecticut residence would have jurisdiction.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: All liens and creditors are paid off.Can the estate be turned over to me immediately and the funds in my name?

My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.

Aaron Epling
Aaron Epling
answered on Mar 27, 2024

You should ask the executor or administrator. If the attorney is acting as executor or administrator, then they have a duty to keep you informed. If you're dealing with unclaimed funds, then any delays could be justified.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: All liens and creditors are paid off.Can the estate be turned over to me immediately and the funds in my name?

My lawyer has control of my father’s estate. Ohio commerce has 120 day processing turnaround. This was supposed to be done in August 2023 when he first received it.

Beverly A Stull
Beverly A Stull
answered on Mar 27, 2024

The probate courts in different counties of Ohio have different rules for when property can be distributed. In most counties I've worked in, real property cannot be transferred until the Inventory in the estate has been filed and/or approved. Some counties can transfer personal property... View More

View More Answers

1 Answer | Asked in Probate for California on
Q: Does "all persons entitled to distribution" include only people mentioned in the will?

"The Personal Representative is required to file an accounting of the financial transactions that have occurred in the administration of the estate unless all persons entitled to distribution of the estate have signed a written waiver of account or a written acknowledgment that the person has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California law, "all persons entitled to distribution" typically refers to the beneficiaries who are named in the will or those who are legally entitled to inherit under intestate succession laws if there's no will or applicable provisions in the will. This usually does not... View More

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: My family home has been left to me. How do I get my name on the deed? The deed is clear. What do I do now?

Family who lived there is dead. I'm paying the back taxes.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 26, 2024

That depends on how it was 'left' to you.

By a ladybird deed? Record the appropriate death certificate(s) and property transfer affidavits with the appropriate agencies.

By Will? Probate the estate and the PR can transfer by deed.

Some other way? Some other...
View More

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More

View More Answers

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

Karn Thapar
Karn Thapar
answered on Mar 26, 2024

It is highly recommended that you have either a will or a living trust in place to transfer assets after passing. A will must be probated through the courts, so a living trust is another option which allows you to bypass probate if set up properly. What documentation you need is highly dependent... View More

View More Answers

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
PREMIUM
James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

1 Answer | Asked in Probate for Connecticut on
Q: We cannot find a copy of my father’s will and are unsure what law firm he used to draft it. Is there a way to find out?
Steven Basche
PREMIUM
Steven Basche
answered on Mar 26, 2024

Unfortunately, there is no central registry for wills. often attorneys will post on the Connecticut Bar Association, listserv asking if anyone has the will for a particular individual. Keep in mind that if you are unable to locate, the will, the Connecticut intestacy statute may provide for the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

Here's what we typically do:

Step 1) Search the court records for the county in which the deceased resided at the time of death.

Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.

Step 3) Then, if we still...
View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Gratia "Grace" P. Schoemakers
PREMIUM
Gratia "Grace" P. Schoemakers pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.

Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.