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Probate Questions & Answers
0 Answers | Asked in Probate for New Mexico on
Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

0 Answers | Asked in Real Estate Law, Elder Law, Intellectual Property and Probate for California on
Q: What if someone gives sweat property for $1 thinking it’s worth nothing and it sales for $152k and it’s a elderly relati

Gives away property is what I meant and it’s an Elderly relative that gave away the property the daughter states she put 30k in to the property but they never gave the father any proceeds of the sale he’s living in an assisted nursing center paying $2k a month with his pension but now has no... Read more »

0 Answers | Asked in Probate for California on
Q: My mother passed way in March of this year i was told this week by my underage daughter that my mom left me some money

My brother told my daughter . He also told her that he forge my signature because I didn't make it home in time to do so .and if I tell who ever it is that's i need to call for the money there not going to give me anything !what are my rights ??

0 Answers | Asked in Probate for California on
Q: My mother passed way in March of this year i was told this week by my underage daughter that my mom left me some money

My brother told my daughter . He also told her that he forge my signature because I didn't make it home in time to do so .and if I tell who ever it is that's i need to call for the money there not going to give me anything !what are my rights ??

0 Answers | Asked in Criminal Law and Probate for Massachusetts on
Q: On parole in Massachusetts and put in a transfer to another city in Massachusetts. It was approved but want to cancel it

What do I need to do in order to cancel this what are my rights and abilities ?

0 Answers | Asked in Estate Planning, Banking and Probate for Massachusetts on
Q: Does a revocable living trust need to be amended to remove a deceased co-trustee?

Bank is saying they cannot make changes to accounts in a trust's name because their documentation lists my deceased mother as a trustee, so changes (e.g. closing frozen accounts/transferring funds to new accounts) would require her signature... Is this accurate? Even though she is obviously... Read more »

1 Answer | Asked in Probate for California on
Q: Dad passed 2012 mom started probate 2021. Mom passed 2022. Was told I will get nothing. I know siblings manipulated mom.

I don't know I w what to do. Mom passed in AZ I'm in CA. Help.

James R. Dickinson
James R. Dickinson
answered on Sep 29, 2022

If the probate is open in Arizona, speak with an attorney licensed in that state. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

0 Answers | Asked in Probate for California on
Q: It's almost 1yr since dad passed my mom will not grant his wishes that he had stated to people. Help

My dad willed his truck to me upon his passing. My mother is excluding me from everything. As to she hates me. So she said. However my uncle retired police sergeant said if I take her to court he would be more than happy to have him subpoenaed. I did not realize that this all had to be done w/in... Read more »

0 Answers | Asked in Gov & Administrative Law and Probate for California on
Q: What code sec or reg restricts a mortuary to use only certain characters when listing a decedent's name on a death cert?

The death certificate lists decedent's name entirely in English letters. It includes the letter "N." However the decedent was born in the Philippines and his birth name has a "~" mark above the letter N. In Tagalog, an N with this mark above it (called "enyi")... Read more »

1 Answer | Asked in Probate for Maryland on
Q: In probate who designates the surviving descendants as administrator - the courts 4 siblings or ? Can any of us apply?

No will, only verbal designation. Deceased resident of Albuquerque New Mexico

Scott Scherr
Scott Scherr
answered on Sep 29, 2022

You need to ask an attorney in New Mexico. This is where the Will will be probated.

0 Answers | Asked in Estate Planning, Appeals / Appellate Law, Civil Litigation and Probate for New Jersey on
Q: STIPULATION This is a seemingly simple question regarding evidence, but very important for me to fully understand:

what are the implications when a party stipulates before the court at trial. For example, I submitted several affidavits to the court of which I wanted the witnesses to read into evidence, but the Defendant agreed to "stipulate" to them. Does this then enter them into evidence? Thanks for... Read more »

1 Answer | Asked in Probate and Real Estate Law for Ohio on
Q: How can you transfer title to heirs when property is passed intestate without going through probate in Ohio?

The time to go through probate in this case has passed so I am looking for other options to pass title

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

Depending on how the deed to the real estate is drafted, it might have to go through probate. Use the Find a Lawyer tab to retain a local probate attorney who can review the deed and re-open the probate case to transfer the property if that is necessary.

1 Answer | Asked in Probate and Estate Planning for Ohio on
Q: My father gave POA to his girlfriend, instead of his kids. I have evidence of his schizoid delusions, making it invalid.

My brother is not included in his previous will, and I want to protect his rightful inheritance.

Does giving proof of mental incompetency at the time the latest will and power of attorney paper were filed (Aug. 22nd, 2022) nullify both and immediately revert to the previous will?... Read more »

Joseph Jaap
Joseph Jaap
answered on Sep 28, 2022

If the probate court were to appoint a family member as his guardian, that would terminate her POA. The probate court could also determine if he was competent when he made a new will or whether there was coercion, undue influence, or other improper pressure to change the will. Use the Find a... Read more »

0 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Can family members request reimbursement from the estate before the person is deceased?

They are requesting reimbursement for kennel fees before and after the death, gas and mileage before the death, hotels before the death. They are requesting reimbursement for court fees for failed attempt to be appointed executor. Letter of office was not issued. They were not named a beneficiary.

0 Answers | Asked in Probate for Florida on
Q: What are my mother's rights when it comes to her partner going into hospice and has no knowledge of a will. And allowing

They're family members into the house to get documents and belongs? They have been together for about 30 years. He moved into her house however, through the years his name was addeded.

1 Answer | Asked in Probate for Michigan on
Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2022

With land in MI, her Heirs take, which will be her issue surviving and her surviving Spouse, all as Tenants In Common. Hire a MI attorney to search the Title, determine Heirs and record an Affidavit of Heirship, unless there is a Probate. The former will be the Heirs' recorded source of title.

2 Answers | Asked in Estate Planning and Probate for Louisiana on
Q: My mother left me a small house in her will. She has no other property. How do I get the house in my name?

I just need to know the steps I need to take. I do not live in LA and have to go back to TX Friday.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 27, 2022

Depending on the value of her estate, you might be able to complete this via affidavit. If not, then you would have to open a succession. I would recommend that you hire a succession/probate attorney to do this----it is not worth a title issue in the future because it's not done right at... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: Mom passed with a handwritten but unwitnessed will. I "thought" I had engaged a lawyer. But he does not call me back

It's been 3 months. The main thing I remember him saying is "if there is no will, there is no reason to open a probate". What does that mean? If I engage another lawyer can he bill me?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 27, 2022

You can always hire another attorney but when you do, be sure to let the first attorney know that he has been fired so he does not keep working on your file (assuming he is working on it). As a general rule, attorneys cannot bill for services NOT provided, but there are subtle exceptions. Your... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: What Steps do I need to take to legally sell my mother's domicile. I have powers to sell via last will and testament.

The estate in located in Ohio. I have also begun the probate process. I have letters of authority. I also have submitted the inventory list to the court, currently awaiting approval. I'm basically asking what are my steps to sell the home legally?

The home does currently have a... Read more »

Andrew Popp
Andrew Popp
answered on Sep 27, 2022

It's not the answer you're going to want to hear, but it depends on many other factors. Probate can be very complicated. I highly recommend sitting down with an attorney to review the situation in detail and advising you.

Best of luck.

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