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Alaska Probate Questions & Answers
1 Answer | Asked in Probate for Alaska on
Q: My mom died she had a will, left the house and property to my daughter, I've lived in that house for 18 yrs my daughter

My daughter hasn't filled out for probate yet and she is trying to kick me out or make me pay rent. Does she have the right that?

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

If the Will has not been filed for Probate, then it has no effect. The real property will be owned by the Mother's Heirs At Law as Tenants In Common. At this juncture, it appears you have lawful possession as one of the owners.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Alaska on
Q: I moved back home in 2012 to care for my grandparents during their last days it's been 5 yrs since my grandma has passed

My grandpa is 88 suffering of alztimers ive had no help from any family what rights do I have when he dies concerning his house can I pay off the morguage and stay here if my family wants to kick me out

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2017

If your grandparents had validly executed (while they were still mentally competent) wills, their estate passes by the terms of the wills. If not, by the intestacy statutes. I don't believe there is anything that would compensate you for taking care of them.

1 Answer | Asked in Probate for Alaska on
Q: Ancillary Probate Documents and timeline required

I have opened an ancillary probate in Alaska and am wondering what documents need to be filed and when. I have already filed my certified copy of Letters Testimentary from Idaho, the death certificate, and my Domiciliary Foreign Personal Representative Statement as well as the fees necesssry. The... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 26, 2017

In general you would have to lodge the order you want the judge to sign, as well as the letters of ancillary administration. In some places there is a court official appointed as probate administrator; you might want to call that person's office for clarification as to what else might be needed.

1 Answer | Asked in Probate for Alaska on
Q: Does power of attorney override a last will and testament

I just need an answer to this question

Stefan Otterson
Stefan Otterson answered on Feb 8, 2017

A power of attorney generally ends upon the death of the person who executed it. The will does not come into effect until after the person's death, so in the simplest sense, the power of attorney cannot override the will. However, many things can be done through a power of attorney during... Read more »

1 Answer | Asked in Probate for Alaska on
Q: I live with companion; he owns 50% of house. Can the kids that own the other 50% through me out if friend dies before me
Stefan Otterson
Stefan Otterson answered on Feb 6, 2017

This is actually more of a real estate question. If the kids inherit your companion's 50%, then they would have total ownership of the house. Unless you have a lease, I don't know what right you would have to stay in the house against the owner's wishes. A real estate lawyer... Read more »

1 Answer | Asked in Probate for Alaska on
Q: I'm living in a house that my companion has a 50% ownership two children own 25% each. He leaves his 50% to me in will.

Can they through me out and take the house. I 'd like to stay in the house. Thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 24, 2017

You have apparently asked another related question. The other one has already been answered; I will answer this one.

If you inherit by will a half interest in the house, you will own the house in common with the children. For them to throw you out they would have to sue you to...
Read more »

1 Answer | Asked in Estate Planning, Divorce and Probate for Alaska on
Q: Can i oppose if i am ex wife to deseased men children to enter into the rights of his estate? by any reasons.?

also i have my piano based on the previous divorce papers that belongs to me

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2016

If I understand the question, your ex-husband has died, and you are asking whether you have the right to inherit any portion of his estate. No, assuming that the divorce was effective before he died, and that he did not provide for you in a will, you have no inheritance rights at all. You would,... Read more »

1 Answer | Asked in Estate Planning, Consumer Law and Probate for Alaska on
Q: if a person finds a insurance policy from someone in 1923 and it is claimed abanded escheat? can i claim if i have pap

if i have paperwork

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 27, 2016

It is doubtful. If the proceeds of the policy escheated to the Territory of Alaska some 90 years ago, the statute of limitations on claiming the funds has probably long-since passed.

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