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Probate Questions & Answers
0 Answers | Asked in Family Law, Civil Rights, Landlord - Tenant and Probate for Alabama on
Q: Father n law's sister passed away can her daughter make him leave if it states in the will that he lives there until he

It states in the will that all he had to pay was his utilities, but his sister's daughter is making him pay her rent & his utilities, she has also moved her son in the house, & she doesn't live there please tell me what my father n laws rights are

0 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Oregon on
Q: is it a conflict of interest if my landlords eviction attorney is also my step dads attorney in my moms probate?

my step dad along with me and my brother are heirs to my moms estate which is currently in probate. now my landlord is trying to evict me and is using the same attorney as my step dad is this conflict of interest because i feel it is due to the negative nature of the probate between my step dad and... Read more »

0 Answers | Asked in Estate Planning and Probate for Kansas on
Q: If a will was drafted by attorney but the signing wasn't done before death, does that attorney file it with the court?

Additionally, what would be the circumstances under which an attorney would not allow a signing of the will, or is there none? What bearing would that have, if any, on an attorney bringing the matter to the courts attention? Or is it a moot point since the will was unsigned?

Thank you in advance.

1 Answer | Asked in Estate Planning and Probate for California on
Q: Any interested party can request removal of an administrator? So if I am a sister in law can I petition the court?

My husband has 6 siblings all beneficiary’s of an estate in probate. My husband wants me to handle the probate and so do 3 other siblings because their sister the one in charge is mishandling things. Am I allowed to do that being that I am only a sister in law ?

Howard E. Kane
Howard E. Kane
answered on Jun 23, 2022

It will be more air-tight if your husband or one of his siblings petitions for the removal of the existing administrator per Probate section 8500 and at the same time, nominates you as the successor per Probate Code section 8520. Here is a link to the code sections:... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: Does each beneficiary have to sign a petition to have the administrator removed ? Do all 6 have to be in agreement?

Also one of the beneficiaries has passed away was paperwork suppose to be submitted to the court to show this? The current administrator is not trustworthy at all can she hide the money once property is sold by any chance?

Howard E. Kane
Howard E. Kane
answered on Jun 23, 2022

No. According to Probate Code section 8500, any interested party can petition the court to remove an administrator. The language of section 8500 is as follows:

8500. (a) Any interested person may petition for removal of the personal representative from office. A petition for removal may...
Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: if someone’s will says you recieve the money through the trust at age 21 but the trust now says 40

the trust didn’t always say 40. just lost the copy of the original but would i. e able to take it to court and get atleast some of

the money

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jun 23, 2022

Looks Like something fishy is happening here looks like you should hire yourself a good lawyer to investigate and file a suit if necessary.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: If a will can't be found and the estate goes to probate, does the length of marriage factor into what a spouse receives?

For example, if your 75 year old father got married a year before he died, will probate court take into consideration that his "wife" was only so for a year, where as his money and assets were acquired over the lifetime of his 40plus year marriage to the mother of his two grown children,... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 23, 2022

Surviving Spouse is a Heir At Law under TN's Intestate Succession Statute. Also a Surviving Spouse has various rights in the Decedent's Estate under the Probate Statutes. You are confused with Divorce laws.

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... Read more »

1 Answer | Asked in Probate for North Carolina on
Q: how can i get my name on deed on house inherited after sister passed. nc law says i dont need name on deed

sister had no will. not married and no children.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Jun 23, 2022

If you want your name on a deed, you will have to file one at the register of deeds. You can do this, but I advise you get a lawyer to draw up the document.

The actual legal transference happens when you probate a copy of her estate in the county where the property is located.

1 Answer | Asked in Probate for California on
Q: How do we remove an administrator from a probate? The one handling an Estate we live in is not following through.

She moved away is not communicating with anyone and has mental issues.

Howard E. Kane
Howard E. Kane
answered on Jun 23, 2022

The process involves filing a petition with the court that has jurisdiction over the matter. The absentee administrator may not object to being removed and may be relieved that someone is willing to take over the responsibility. Any interested person has the right to file a petition in the Probate... Read more »

0 Answers | Asked in Estate Planning and Probate for Alabama on
Q: My grandmother passed away September 2021. Myself and another relative are both executors over probate. Her house was

to be sold and split. I agreed to buy the house. I started living in the housei before probate was closed. At which time the house burned down due to hoverboard board exploding.

My question is can I sue hoverboard if the house wasn't in my name at the of the fire?

Scottsboro, Alabama

0 Answers | Asked in Identity Theft, Personal Injury and Probate for Connecticut on
Q: I was victimized as voluntarily conserved person by a conservator who ruined my credit, stole money from state, SSI, me.

This website is hacked. I was assigned a real estate attorney as my conservator. This woman was assigned April 7, 2021, to provide oversight. I had difficulties balancing my bank accounts. I was also under siege by a cyber stalker who stole thousands of dollars from me. I voluntarily conserved... Read more »

0 Answers | Asked in Family Law and Probate for New Mexico on
Q: My father died, my sister was 17, but is now 18. Can she legally not split with me and our sister? He had no will.

My youngest sister was 17, now she is 18. Our father passed away with no will, all of us(me and both sister) are adults now. We all agreed to split the inheritance, but now she is trying to keep it all. is that legal?

0 Answers | Asked in Real Estate Law and Probate for New Hampshire on
Q: NH state: unregistered motor vehicle was part of an estate (vehicle not claimed on Probate Inventory).

I purchased home from Estate. Heirs state they want the vehicle & I want it removed from my property. Vehicle is inoperable because heirs disassembled engine. What csn I do to get this junk off my property? Estate was settled as insolvent by same heirs who want the vehicle

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Texas on
Q: Can a Estate be over turned ?

my father just died i had to pay all the funeral but my half sister and her oldest sister were given an estate of my child home my mother gave me after she past 12yr ago and i have the first deed when they purchesed it ,after she past my dad was pretty much homless so i let him stay with me and... Read more »

John Cucci Jr.
John Cucci Jr.
answered on Jun 21, 2022

You need to act fast. You should go get a copy of the Estate Paperwork, etc. They may have been required to serve you, and didn't, or created some other legal issue. However, if you do not get it all straight, you may lose anything you should have received. It sounds like you had at least 1/2... Read more »

0 Answers | Asked in Estate Planning, Tax Law, Energy, Oil and Gas and Probate for Texas on
Q: If an amendment was made to my mother's trust, and she was not sound of mind or body, she died under 4 weeks later...

Could it be challenged? Another factor is it was not witnessed by two people. Also, there was an IRS lien for $100,000+ due to irresponsible decisions by my sister and my brother-in-law. Now, I believe they are spending from the Trust account, and not acting in good faith nor fulfilling my... Read more »

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
Read more »

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