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Probate Questions & Answers
0 Answers | Asked in Probate for Arizona on
Q: How much power does the personal representative have

to clarify to all parties involved, this law firm represents the estate of Joel Manzutto SR and was approved to do so by his court appointed attorney and the court. Even though I am his personal representative I still have to abide by what this attorney does and all monies released have to be... View More

1 Answer | Asked in Probate for Kansas on
Q: Are retirement accounts covered by the Kansas statute “Elective Share of Surviving Spouse”?

My wife passed with out a will. She had four assets; checking/savings accounts, a Roth IRA, and two work sponsored 403(b) retirement accounts. She listed beneficiaries on all four assets; the first two designated me and the latter two designated her mother. Kansas has a statute for “Elective... View More

Anthony M. Avery
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answered on Jul 26, 2024

If the bank accounts had other joint owners besides the Deceased, then all the named assets have nothing to do with an Estate. Therefore there is no Probate as to these properties, and no spouse's election against the Will bequests or devises.

0 Answers | Asked in Landlord - Tenant, Probate and Small Claims on
Q: I live in Fresno CA where there are no pro bono or free/low cost help for people such as myself Where to go for help?

I live in Fresno CA and there are no pro bono lawyers or help in the County of Fresno, CA. You can call the local bar association and in their phone recording they state that all their members do not provide pro bono services. All free agencies such as CRLA, CCLE do not help anyone past the... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Probate and Small Claims for California on
Q: can a novice handle the specifics of getting the court to vacate based on improper service and not a tenant

I am an unnamed defendant in a UD that default judgment was given due to improperly served, We never got the summons and a 60 day notice was posted without any reason or complaint as to why and due to property that is in an open probate case, owner ship and anthing else having to do with property... View More

James L. Arrasmith
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answered on Jul 26, 2024

Under California law, handling the specifics of getting a court to vacate a default judgment based on improper service can be complex. As an unnamed defendant in an unlawful detainer (UD) case, you will need to gather evidence proving that you were never properly served with the summons. This... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for California on
Q: How do I correct a default UD judgment based on not being served in time & not falling into the guidelines of CVP 1161

A default judgment was entered on myself and another without being served the summons as stated in file. I can prove when a classifed letter was sent and stayed in warehouse for weeks. I don't fall under the guidelines of landlord tenant because Myself and another never had a rental agreement... View More

James L. Arrasmith
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answered on Jul 26, 2024

To correct a default judgment in California based on improper service and not falling under the guidelines of California Code of Civil Procedure (CCP) 1161, you need to file a motion to set aside the default judgment. Begin by gathering all your evidence, including proof of when and how you were... View More

0 Answers | Asked in Probate for North Carolina on
Q: I am in a desperate need of an attorney to represent me in contesting my father's will prepared under fraudulent means.

My father passed away on May 15, 2024, after battling stage 4 bladder cancer. For the prior three years, I was his sole caregiver, managing his affairs and well-being. Despite repeated assurances I'd inherit as his only child, a will drafted just six days before his death disinherits me,... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: As beneficiary of my moms savings. Her visa debt equals her savings balance and is held by the same credit union.

Does CU have right of offset? Or can I pay for cremation with her funds?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2024

The credit union may offset and pay her credit card debt with her savings.

1 Answer | Asked in Probate for Michigan on
Q: Do you have to fill out probate form 574 and give it to a publishing paper even if there are no creditors
Brent T. Geers
Brent T. Geers
answered on Jul 24, 2024

Generally yes. It prevents unknown creditors from making a claim long after you believe the estate is resolved.

0 Answers | Asked in Family Law and Probate for Arizona on
Q: If I get legal guardianship or conservatorship over two adult males in which I'm also apart of will what could happen

If I get guardianship or conservatorship over two adult males who are rule 11 and are a part of the same trust or will that I am in with that Null and void my part of the trust or will or affect me in any negative way

0 Answers | Asked in Probate on
Q: When you file a petition 17200 in Probate Court what happen and is an investigation done on the trust

Court date there was no attendee what happens

1 Answer | Asked in Elder Law, Health Care Law and Probate for California on
Q: My dad died almost 2years ago, after he passed away his wife told me and my 3 siblings there was no estate no will.

I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More

James L. Arrasmith
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answered on Jul 22, 2024

I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Michigan on
Q: If I am an estranged next of kin, can I walk away from handling all of the deceased property/bills/creditors?

I am not speaking with my mother. When I was, she wouldn't have a will notarized or witnessed so I don't think she has one now. She is a hoarder and I am disabled, so I don't believe I can or should have to clean anything up after she passes. What are my options in Michigan?

Brent T. Geers
Brent T. Geers
answered on Jul 23, 2024

You are not obligated to do so. Does she own her residence? Eventually so other entity (e.g., bank, city, creditors) will take over, clean everything out, etc. But don't expect anything if that's the route you go.

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My Dad passed back 2023 it's becoming ever so clear that we our going to have to do probate.

We live in Arizona and at the time of his death he "lived" in California his whole life but didn't have a resident to go home to. At the time of his death he was " homeless " my Aunt kicked him out of there childhood home. He never got to change his address on anything.... View More

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: What can i do so that the partys in this case does not become legal representative?

I do not have a bond to give in order to be appointed for the estates representative but my sister does and there is 4 of us on the will that is my fathers but he handed the house down to my brother and he passed away as well but they say there is not a will for him supposedly..but my sister is... View More

0 Answers | Asked in Family Law, Real Estate Law, Child Support and Probate for Louisiana on
Q: Should I keep my sister's name on the will or remove it?

My dad's will lists me & my sister to inherit his property & land, my sister has already decided she wants nothing to do with the house or anything else. My aunt is going to have the will drawn up listing just my name. I am currently in arrears to the state for child support amounting... View More

0 Answers | Asked in Probate for Texas on
Q: What is the average cost of getting an attorney for probate estate cases?

Sister changed my mothers will and then convinced 95 year old stepdad to leave me out entirely

Can she do that ?

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