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Probate Questions & Answers
0 Answers | Asked in Probate for Wyoming on
Q: My father passed away in 2019 in March and I just found out how can I find out if he had a will

I just got a copy of his death certificate

0 Answers | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit(s) /waiver(s) is needed to convey & allow 1 heir to transfer/relinquish their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property.

0 Answers | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

0 Answers | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

0 Answers | Asked in Probate for Alabama on
Q: Can the notary of a will also be a wittnesses

The Notary of my moms will also sighned as one of the 2 witnesses on her will is that legal ?

1 Answer | Asked in Real Estate Law and Probate on
Q: My friend's Dad died and she owns 1/3 of the property and her dad had a 3rd. They can not get the other person to sell

The property is in MO

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »

0 Answers | Asked in Probate for New Mexico on
Q: my dad died less than a year after his dad who was choctaw nation. he never recieved his inheritance.how can i find

out what my dad was entitled to? i know the name of the trust but step gma and his siblings are stonewalling me

3 Answers | Asked in Probate for California on
Q: Do we have to go through probate for just a mobile home?

My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

You can probably use a Small Estate Affidavit to collect both the bank account and the mobile home. No need to file anything in court. Any probate attorney licensed in California can help you with this for a very modest fee.

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2 Answers | Asked in Probate for New York on
Q: Can a sole executor of a will (also a beneficiary) sell real property without the other beneficiaries approval ?

Both parties have equal share of real property stated in will.

Bonnie Lawston
Bonnie Lawston answered on Jan 19, 2022

The executor has the right and obligation to administer the estate which generally means selling the real property as soon as reasonable possible and appropriate. The executor must do what’s right for the estate and maximize the inheritance no matter who is the beneficiary.

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0 Answers | Asked in Probate for California on
Q: What do we need to file to re-enter into probate court for our family trust?

Can we submit a extension or do we need to walk right into court. We haven’t been going because we were told the trust was depleted.

1 Answer | Asked in Probate for Michigan on
Q: How do the heir that’s the Personal Representative convey in this situation?

Mother died Intestate

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 20, 2022

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: How to find a will and whats on it and a death certificate in Missouri. Who to contact? Jackson County.

Dad passed in nov/21. I'm sure I'm a beneficiary but not sure. Sister won't tell me anything. I don't know where to look in Jackson co Missouri. I do have a right to see it . My dad had to have left me something. I'm sure .I don't know who the executor was.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 19, 2022

For a death certificate contact the Missouri Department of Health and Senior Services, Bureau of Vital Records, or funeral homes typically assist in obtaining death certificates. You can check Missouri Case.Net online court records to see if a probate case has been opened. If your sister... Read more »

0 Answers | Asked in Personal Injury, Civil Rights, Juvenile Law and Probate for Rhode Island on
Q: I was one of the kids who were in the Rhode island night to night placements for years I was wondering

If funds were allocated to pay directly to the children who were affected by the night to night placement

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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0 Answers | Asked in Estate Planning and Probate for Illinois on
Q: As executor of my mothers Will, am I legally required to sell her personal belongings as part of her estate?

My mother does have a small life insurance policy and her bank account is POD to me as her beneficiary. However, she does have a car loan, student loan debts, and some credit card debt (all in her name solely). If my siblings and I do not want her car or personal household items, am I still... Read more »

0 Answers | Asked in Estate Planning and Probate for California on
Q: Brothers suing me over house I live in. Our names on deed. Plan on evictingbme to sell

everyone off of the land.

If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.

There is no option where... Read more »

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Q: There is a court date of January 24, 2022 in Redding, CA superior court. My sister and I have been misinformed and

We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,

2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »

Jonathan Purcell
Jonathan Purcell answered on Jan 18, 2022

I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.

The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your...
Read more »

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0 Answers | Asked in Elder Law and Probate for Arizona on
Q: My dad passed away. Power of attorneys abused their power. I need advice.

My dad (not married) and I'm his only child (adult). 1 year time frame. POAs shouldn't got their power over me. Probably why they let 3-4 month pass to tell me that my dad collapsed.

With his death certificate I was able to get into the bank accounts. I'm the sole... Read more »

2 Answers | Asked in Probate for California on
Q: My brother passed away without a will single never married no children both parents deceased leaving 2 siblings

He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it

Howard E. Kane
Howard E. Kane answered on Jan 18, 2022

Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »

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