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Probate Questions & Answers
0 Answers | Asked in Probate for California on
Q: Probate in CA from another state

My father died with no assets. He is due final payments from pension, Social Security, and VA Aid and Attendance (assistance living stipend). My father did not list a beneficiary for any of these. The total amount due is probably no more than about $5k. I live in Texas, and cannot travel to... Read more »

0 Answers | Asked in Probate for Texas on
Q: Filing for CA probate from another state

My father lived and died in CA. I live in TX. He is due less than $10K total from CalPERS, Social Security, and the Veterans Admin (Aide and Attendance for assisted living). He has no assets. I think he left a will, but I will have to check. Can I file for probate without having to travel to... Read more »

0 Answers | Asked in Probate for South Carolina on
Q: Father passed away 15 years ago. No probate. Son is his biological heir. Son contacted that money is out there from

father to claim. Mother has died and her estate is in probate. Step son has POA. Does biological son have a right to recoup his father's estate, without it having to go to mother's probate to be shared with step-children?

0 Answers | Asked in Probate for Texas on
Q: My question is according to the law of probate court and probating a will there's only a four-year period. And so here's

What so after the 4-year. Was already up a law firm a realtor and some other people decided they were going to probate my dad's will who died in 95 and this happened in 2011 and I never signed any paperwork I never was asked to sign the paperwork the lawyer never comes to see me where I was at... Read more »

0 Answers | Asked in Probate for Virginia on
Q: How long until a rule finalized in Florida? If there was no evidence to prove a conviction, but now that there is newly

Found evidence then there is cause to show. Even if gps coordinates were found to be there then they are wrongfully accused correct?

0 Answers | Asked in Adoption, Family Law, Child Custody and Probate for California on
Q: Can I revoke my permission for temporary guardianship is the guardians have refused my visitation orders more than once

I gave a clean drug test and probation was to contact the guardian with results and they contacted but guard I refused to answer the phone and was texting me stating they hadn’t heard from probation as the officer was leaving a detailed message I have a letter from the officer and the supervisor... Read more »

0 Answers | Asked in Adoption, Family Law and Probate for California on
Q: How do I get a change of judge after orders have been made in a probate guardianship case when the judge has shown bias

The case outcome was predetermined, the judge lied and said I gave up my parental rights when I signed a temporary guardianship order that wasn’t properly served to myself or other parent or other parties of case, judge said I was neglectful mother and kept the case in probate giving no option... Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: My brother died without a will. I am personally responsible for debts?

My divorced brother with 2 minor children lives in PA. My sister and I live in NJ. If we co administer the estate, will we be held responsible for his income tax if there isn't anything to pay with from the estate? He owned nothing and in the past had owed thousands in back taxes. Can... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No, you don't have personal responsibilities for an estate's debts. You should make no agreement to pay any debt. If anyone claims you are responsible get all their information, write down what they said as exactly as possible, the date and time. Then just tell them "thank you, I... Read more »

0 Answers | Asked in Estate Planning and Probate for New Mexico on
Q: My father recently passed. His will stipulates all assets will be divided equally between all children.

My sister is on one of my father's bank accounts. She is now claiming that all of the money on the joint account is hers and should not be split. She has taken money out since he passed as well for personal use. Because it was a joint account does that mean the money legally belongs to her and... Read more »

0 Answers | Asked in Probate for New York on
Q: Is it true that two-thirds of the siblings have to agree on disposition of body if a single person w/no kids dies in WA?

Parents deceased. There seems to be no will or designated agent.

1 Answer | Asked in Probate for Pennsylvania on
Q: My aunt got my sickly 88yr old grandmother to give her everything in the Will a few months after grandfather died.

Everything done in secret. I would have inherited half the property since my mother died in 1984. I did not contest because the clerk at register of wills gave me wrong info and I did not have the money. This was also done in 2013. Can I still contest?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

No , the statute of limitations is long gone. For what it's worth, will contests are very difficult and had you filed back then you might not have won.

1 Answer | Asked in Probate for Florida on
Q: I am the Personal Representative and custodian of an original Last Will of a decedent, Broward Co., FL. Small estate.

The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.

What other documents should I present to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2021

I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »

0 Answers | Asked in Elder Law and Probate for Washington on
Q: Can the Executor of my Father's Will be removed a year after his death?

The Executor of my Father's Will cremated him vs burying him with Military Honors as his Will directed.

She filed a quit claim deed a month after he died, giving her and her son my Father's four properties. The deed was notorized four months before he died, using a rubber stamp... Read more »

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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0 Answers | Asked in Tax Law, Appeals / Appellate Law, Civil Rights and Probate for Louisiana on
Q: My brother was awarded all of a deceased brothers estate in 2011. In 2021 I was charged taxes $ 10,00.00in taxes?

Also, the estate is worth about $ 500,000.00 more than brother reported and that seriously affected my share. Brother did not disclose this in the recent case. He probably thinks I forgot.

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
Read more »

3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

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James Tack Jr
James Tack Jr answered on Sep 15, 2021

I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »

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1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: the man whos name i have died, didnt mention me at all and left everything to my half sister. do i have any recourse?

we found out he wasnt my biological father 20 years ago and he wrote me on facebook and told me to change my name and piss off. he died a year or so

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