Get free answers to your Probate legal questions from lawyers in your area.
possession of the car somehow? I don't know if there is a bank loan on it, but we do need another car badly. It will need work because it hasn't even been started in over 2 years, so the gas, battery, and possibly wiring (we have squirrels and mice here) will be bad. We have lots of snow... View More 
My single adult son died in a head-on crash. His auto insurance company paid off the balance owed on his vehicle & issued a check to "the estate of...." for $1702. This is the total value of the estate; the courthouse provided me with a small estate affidavit. I provided all of... View More
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answered on Feb 8, 2024
Sometimes it is not worth opening a Probate Estate so many let the banks keep the money. It happens alot. If the Bank will not accept your authority under the Small Estate Affidavit, then you have standing as the
Affiant to file suit against the bank for conversion, etc. , as it is... View More
My uncle died without a Will. I am his nephew. The only living relatives are me, my brother and sister (which are his other niece and nephew) and my great aunt (my deceased uncle's mother's sister. So it is my Grandma's sister). So just the four of us are living. Who would... View More
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answered on Oct 16, 2023
Hire a competent ID attorney to determine the heirs-at-law. An Affidavit of Heriship being recorded might establish a source of title. Someone will have to pay property taxes whether the other tenants in common contribute or not.
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answered on Sep 11, 2023
The handling of your late mother's bank accounts depends on various factors, including the account type and how they were structured. If you were listed as a joint account holder or if there were payable-on-death (POD) or transfer-on-death (TOD) designations in place, these accounts may... View More
I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?
Also, my last name has changed (I recently married) and my... View More
answered on Jan 28, 2021
Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... View More
Personal represenative surviving spouse has sold numerous personal property items never recorded in probate
answered on Dec 29, 2020
Yes. What you are alleging is "malfeasance" and subjects the PR to removal. Make sure and get your ducks in a row before asking a judge to remove a PR.
I am daughter to decedent step dad is executor and want him removed as such moms personal property has been sold and not recorded through probate
answered on Dec 29, 2020
If Probate hasn't been started, YOU can start it. File a Petition to be Appointed, then you can send a letter to step dad demanding that he return property he sold or pay the value of property he sold back to the "estate"
What can I do?
answered on Oct 18, 2020
Has a sister to one of the future devisees, you have the right to demand a copy of the checking account (or anything else) and if she does not comply, you simply file a petition for removal.
out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?
answered on Sep 10, 2020
Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... View More
I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... View More
answered on Jul 6, 2020
Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... View More
We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... View More
answered on Apr 28, 2020
I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... View More
My mother’s ring was given to my oldest sister. My other sister went with my Dad to change his will to include she get 1/2 of the ring 2 years after my Mother passed and my oldest Sister was given the ring.
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answered on Mar 4, 2020
Nope. Once a person gives something away, it is no longer part of his or her estate; it is now owned by the gift recipient. The person who gave it away can mention it in his or her will, but that will not do any good because it is not part of his or her estate any longer. And to mention it in... View More
My husband was recently picked up in montana and is waiting for extradition back to idaho how trying ti figure out how long it will take before he gets a revocation hearing for absconding his parole
answered on Mar 16, 2019
As soon as you are back in Idaho, your next hearing will be your initial arraignment hearing, probably the next day. Your District Court Arraignment will be set in the following 14 days and you will have your District Court Arraignment on your PV. The Court will then set your Admit/Deny Hearing... View More
My mother passed Nov 8th 2017 without a valid will. My brother hired a probate attorney and insists I have to sign a disclaimer of interest. Matter of fact he has become very verbally abusive over it. He claims everything is his..house, van, all my mothers belongings. My other brother and sister... View More
answered on Mar 1, 2018
This is interesting since I'm licensed in Idaho and Florida. Although I haven't done a lot of probate work, it seems that there are a couple of red flags here. I'd recommend having your own attorney review the progress of the case thus far. If you need a referral for an attorney in... View More
answered on Dec 13, 2017
Under certain circumstances, yes.
For example, if there is not enough money to distribute ALL the specific bequests, each would be proportionally reduced. Or if there are 'priority claims' such as probate or funeral costs that exceed the amount that would allow a full payout of... View More
answered on Oct 29, 2017
Without seeing ALL the paperwork it is impossible to answer this question. This is a question you should be asking your attorney.
If you are trying to go through probate without an attorney, you are asking for trouble! GET AN ATTORNEY to represent you ASAP and certainly before the first... View More
answered on Oct 29, 2017
Your question isn't exactly clear, but if you mean 'do I HAVE to act in my husband's estate' the answer is of course, no. You can simply not ask for or refuse the nomination if you feel that is better, but you should consult with a local probate attorney to insure you know the... View More
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