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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: I am the Executor of my ex. Our daughters abandoned the family home. Can I take it back over. I lived there until he pas

I am Executor, but our daughters locked me out. Now the house is 2 years behind on taxes and they left it. I found a Vacant sign that was placed on the door. I didn't file because I couldn't afford it but the girls knew what the Will said, we all signed it. They left dogs in there and... View More

Nina Whitehurst
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answered on Oct 3, 2023

Your question cannot be answered without reviewing the will and other facts and circumstances such as whether the estate is solvent without the house. You should schedule a consultation with a probate attorney.

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My boyfriend's mom & dad left their house to him when they died but didn't have a will. No one will comply.

Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More

0 Answers | Asked in Estate Planning and Probate for Texas on
Q: Probate was completed for my late husband's estate in 2019. My lawyer always seems to find a problem. Please help.

My attorney advised that he would revise all previous inventories and resubmit to the court. He stated I would need to sign all paperwork, I chased him down for seven months asking about the paperwork. I was given the same excuse over and over; "I will send it in the next few days or early... View More

0 Answers | Asked in Probate, Estate Planning and Civil Litigation for Tennessee on
Q: Do you have to probate house and land in Carter County, Tn? When Father dies and 2 sons do not want the property.

If sons inherit property and both want to sell it to someone and they agree to it can they do so without putting it in probate? If it does have to go to probate who becomes executor if neither son wants the property and want to sell it? If it does go to probate if any liens or judgements are... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: My brother is personal representative of mom's estate. He is asking to get paid $80 dollars per hour.

To be paid for repairs and as executor. That seems over the top? This is in Clark County Washington. He over drew the estate account and reimbursed himself.

Keith Armstrong
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Keith Armstrong
answered on Oct 1, 2023

Your brother may be overstepping his bounds with an $80/hour rate for probate administration. The rate is not set by statute but RCW RCW 11.48.210 provides just and reasonable." If the estate probate is not complex or if your brother is not providing professional services such as legal,... View More

0 Answers | Asked in Bankruptcy, Estate Planning, Appeals / Appellate Law and Probate for Texas on
Q: My mother died INTESTATE. The property was sold at a fire liayre auction sale is this legal?

Me and my brother signed a modification. The city then sent papers saying taxes were due. I had been paying them for about two years, on a payment plan. The guy then paid the balance off. I filed bankruptcy because he tried to sale the home at a foreclosure auction sale. All of a sudden it's... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: I have a claim against me as successor trustee by an uncle-in-law who hired a lawyer using son's name, what can I do?

I am successor trustee for my grandparents' estate, and I had an uncle-in-law recently hire a lawyer to contest my status. They sent me a letter threatening me to step down because I was "squandering funds" without any actual evidence. The thing is, the case is filed under the name... View More

Yelena Gurevich
Yelena Gurevich
answered on Oct 2, 2023

Your lawyer should be able to handle this situation. That's why you have them. If your lawyer does not know how to handle this, consult with/ hire a new lawyer that does.

0 Answers | Asked in Federal Crimes, Gov & Administrative Law, Probate and White Collar Crime for Oregon on
Q: DO I OPEN PROBATE BACK UP OR DO I GO IN FRONT OF FEDERAL DISTRICT JUDGE 18 YEARS LATER WITH THE 4 ELEMENTS OF EXTREME

WILLFUL AND WANTON GASLIGHTING DISCRIMINATING TORTUROUS EXTREME FACTUAL DOCUMENTED LEADERSHIP AUTHORITY SENIOR AND DISABLED FINANCIAL EXPLOIT ION NO THIS WAS NOT ANY SIBLING SQUABBLES OVER INHERITANCE AS IT WAS MADE OUT TO LOOK AS, THIS HEAD RN WITH HELD ALL DR BOWMAN'S 25 YEARS OF... View More

1 Answer | Asked in Probate for Georgia on
Q: Both my mother and step-dad had their wills done at the same time. Which will stands good or to go by?

My step dad and mother had wills done at the same time. My step dad passed away, two years later My mother passed. My siblings and I agreed I take over the payments of the house and I buy them out instead of selling the house. The agreement was if one of the children purchase then we pay what they... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your...
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0 Answers | Asked in Banking, Probate and Social Security for California on
Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?

My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how... View More

0 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Probate for California on
Q: My mom passed 8 years ago (Alzheimer’s) with no will . My aunt (her sister) took care of her and put her in facility .

I want to know how she was able to sell my moms home and why I was never told about it until now and no probate was started . (Long story of why I was not around for the past years ) but nobody in that family told me or contacted me . She iced me out to take control of everything and took... View More

1 Answer | Asked in Gov & Administrative Law and Probate for New York on
Q: How do I go above a corrupt courts head? Clerk would not even accept documents to file appeal making me untimely?

Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?

T. Augustus Claus
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answered on Sep 29, 2023

If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.

0 Answers | Asked in Collections, Health Care Law, Legal Malpractice and Probate for North Dakota on
Q: medical bill issue because of wrong date of death on certificate,and I paid Lifesource Minn.Minn. $13,000 bill to hsptl.

In quick detail...wife died 03/22/2017. She's a donor,Lifesource minn.minn. organ don.and transplant center kept her on life support[50+ hrs] til recieptiants can be lined up,and assured me all bills were theirs after her pronouncment 0n 03/22/2017 at approx. 1:30pm. Whoever recorded the day... View More

0 Answers | Asked in Probate and Social Security for Alabama on
Q: I'm now 61 years old and have been married since 2011 my husband abandoned me 3 years ago we are still married .

I was getting a ss check for major depression he had a stroke and started his check disability and his check was greater than mine.I was told in Alabama that if married I had to go with the larger check. Which was his. So when he abandoned me he left me with nothing but bills. I have not... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Maine on
Q: If a Parent dies after remarrying and then dies with no will before the stepparent does, do the children get any inherit

State Maine. Dad remarried. If he dies with no will before her will my siblings and I still be entitled to an inheritance or will she get everything and be able to pass it all on to her children instead since she lived longer?

This also is the situation that my mother was in when her... View More

Daniel J. Eccher
Daniel J. Eccher
answered on Sep 29, 2023

The answer to this question requires a close analysis of the facts and the law. Generally speaking, if someone remarries and then dies without a will, the new spouse would be entitled to at least part of the estate of the person who died, and his or her children by a previous relationship would... View More

0 Answers | Asked in Probate and Social Security for Alabama on
Q: I'm now 61 years old and have been married since 2011 my husband abandoned me 3 years ago we are still married .

I was getting a ss check for major depression he had a stroke and started his check disability and his check was greater than mine.I was told in Alabama that if married I had to go with the larger check. Which was his. So when he abandoned me he left me with nothing but bills. I have not... View More

1 Answer | Asked in Probate for Delaware on
Q: My mother passed in February 2023, I inherited her house, and I am executor of the estate. The estate is in probate

the homeowner's insurance comes out of the mortgage. I had a flood and filed a claim. They won't pay me directly, they want me to hire contractors and they will pay them.

T. Augustus Claus
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answered on Sep 28, 2023

In Delaware, if you are the executor and the estate is in probate, insurance payouts are generally directed toward the estate or directly to contractors for repairs.

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: When considering the name of an "estate" during probate or on IRS forms - is the name the address of the property itself

IRS form 56 requires two forms to be filed - one with the name of the descendent and another with the name of the estate. Do I list the name of the "estate" as the property address itself?

T. Augustus Claus
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answered on Sep 28, 2023

When considering the name of an "estate" during probate or on IRS forms, it is generally not the address of the property itself. On IRS Form 56, you would typically list the name of the decedent for one form and the name of the estate as something like "Estate of [Decedent's... View More

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