Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
My children's father passed away two years ago, and they are receiving survivor benefits which I manage. Recently, my kids' father's siblings informed me that they are selling my children's grandfather's house after he passed away, and legally, my kids are entitled to 1/3... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
You need to petition the probate court to be appointed your children's guardian of the estate, open an estate checking account, and have the funds paid into that account under the supervision of the court.
I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More
I am the representative of my late father's estate since 1979 and his only child and heir. I recently discovered that there was a case against Mr. Arrick, who was apparently fired and required to pay back $10,000 that he allegedly stole from the trust mentioned in my father's will.... View More
I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025
To find out if you’re included in your late uncle’s will in California:
1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal... View More
My father passed away while living with his sister, and I'm his next of kin. There was no will, but he was the beneficiary of my grandparents' will. His sister initially allowed me to access the property but now refuses due to personal conflicts, denying me access to possessions legally... View More
I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More
answered on Apr 16, 2025
Yes, it is an affirmative duty to submit the Will to the clerk of the court in the county where your husband resided and yes, a law office can help you with this if you are out of state or otherwise need help. In accordance with Florida Law, the person in possession of the Will (custodian of a... View More
I am seeking legal guidance regarding actions by my brother, which I believe constitute inheritance theft. Since our mother's passing, he has taken control of her assets, excluding me from my rightful share, and using the inheritance for his personal benefit. Although the trust was established... View More
I am the daughter of a deceased mother who resided in Indiana and owned property. Her will was not formally admitted to probate court, and I was not informed of her death by my brothers, who are not responding to my communications. My brother is the executor of the will, and I have been estranged... View More
My mom passed away in Florida, and her estate is held in trust. I am the trustee and sole beneficiary of this trust. She has an unpaid bill from 2023 for $2,500 related to a stay at a rehab facility, and the facility continues to send this bill monthly. There are sufficient funds in the trust to... View More
I have been living in a property for 17 years, and my landlord promised me verbally that I would inherit it after his death. He has since passed away, and the property is now in probate without any written document. I have a witness to his promise, have not paid rent for the past month, and was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2025
I hate to be the bearer of bad news but you probably do not have a leg to stand on. Oral wills pertaining to real estate are not enforceable. And if he had no will at all, then the heirs are nearest blood relatives, not tenants. Sorry. You also probably cannot make a claim due to adverse... View More
My father passed away last month, and I am trying to determine if he had a will. He was born in New York, his family is from Puerto Rico, and his last known place of residence was Savannah, Georgia. How can I find out if there is a will in any of these locations?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025
Unless a will was found at his residence or business in GA, you probably will not find one. Unless a will is filed for probate it means nothing. You may want to hire a GA attorney to file an intestate administration if you need to file probate. But first decide if probate is needed.
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
I am coexecutor and sole beneficiary, along with my brother, of our mother's estate. We are unable to agree on the disposition of a specific jewelry item, which has been kept safe for over 13 years. My mother made a verbal request for this item to stay in the family, though it wasn't... View More
answered on Apr 14, 2025
If you want to settle a dispute outside of court, mediation is a great alternative. Free mediation services, both community and court-connected, are offered to some residents and businesses of certain counties (e.g., Los Angeles County). In mediation, a neutral third party helps you resolve your... View More
I have been a resident and life partner of the homeowner who passed away two years ago, and since then, I have maintained the home, paying property taxes and all household bills. The homeowner did not leave a will, and there were no documents or agreements regarding the home. He has a living... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025
It does not appear that you have any claim to the property. That includes adverse possession. You only have possession, and some heir may sue to remove you.
Can life insurance proceeds be issued to an estate when no estate has been opened, especially if there is no will, assets, or probate involved? My mother’s life insurance named my dad as the sole beneficiary, but he passed away before her. The insurance company states their policy directs... View More
answered on Apr 14, 2025
With the policy not naming any contingent beneficiaries, the insurance company must issue a check for the policy proceeds to the Estate of the decedent. It would be bad faith if the insurance company issued the check to you and/or your siblings personally.
The executor of the... View More
My mother passed away in November, and my father passed away earlier in 2023. My mother had a $40,000 life insurance policy, naming only my father as a beneficiary and leaving the contingent beneficiary blank. The insurance company claims Texas Code 1103.152 does not apply, asserting that the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To access the life insurance funds without going through probate, you may need to seek an alternative to the small estate affidavit if your siblings refuse to sign. Since the insurance company requires a judge's signature for the small estate affidavit, the next step would be to file for a... View More
I am dealing with a prolonged estate settlement following my mother's passing four years ago. My father passed six years ago, and his life insurance policy was sent to the state instead of the family, according to our lawyer. Although the lawyer provided timelines, they have not been met, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
If your lawyer is unresponsive and you have no clear explanation for the delays, it may be time to consider seeking guidance from another attorney. Start by gathering all relevant documents, including any letters, emails, or previous timelines your current lawyer provided. This will help a new... View More
I am seeking legal assistance to gain custody of my deceased brother's ashes. I am his sister, and he verbally requested me to handle his funeral arrangements and made me the beneficiary of his life insurance for this purpose. There are no existing legal orders regarding the disposition of his... View More
answered on Apr 14, 2025
You need to negotiate with your brother's estranged wife. In the absence of a written designation signed by your deceased brother, his estranged spouse is entitled to his ashes.
In the absence of a written Will, your brother's children are entitled to a substantial portion of... View More
When my husband passed away in 2022, we were separated but still legally married. The deed to our property is in his, his mother's, and his stepdad's names. There was a verbal agreement that the property would go to our daughter, who lived there until recently. I need to get the deed in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025
You have not stated what estate in the property husband had at death if any. Hire an attorney to search the title. With those names on the deed it is very possible he owned nothing at death. At best you might be a tenant in common with them as an heir to husband's share. If so you... View More
My mother passed away on April 8. Before she passed, she was taken to hospice, and my sister claimed that my mother instructed us to empty her bank account and split it evenly among the four siblings. I requested proof from my sister that the funds were split evenly, but she became upset and now... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
To ensure everything is handled fairly, your first step is to request a copy of your mother’s will from the probate court. In Ohio, if a will exists, it must be filed with the court for probate, and all beneficiaries should be notified. If no will is found, the estate may be handled according to... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
