I am a resident of New York, and my father recently passed away. He had designated an executor for his estate. The executor claims that my father signed over all his assets to her in November, including the property deed, bank account, and vehicle. However, my father had informed me and my siblings... View More

I believe I was named as a 50% beneficiary on my deceased mother's IRA. However, the executor of her trust has not disclosed any information regarding the funds, and I suspect she might be collecting my share. My sister, who controls the trust, claims the trust affairs are settled. However, I... View More

I am looking to obtain a copy of a QDRO for a pension plan following the death of my spouse in Indiana. The QDRO was part of a divorce settlement that occurred 34 years ago. How can I access this document, and will the death of my spouse affect my ability to receive benefits from this pension plan?

In Massachusetts, I am currently in the process of selling a house and discovered a lien from 2008 on the property. My father, who owned the property until 2009, passed away in 2021. I inherited and took ownership of the property in April of this year. Unaware of this lien until now, the credit... View More

My father recently passed away, and his will designates everything to my brother, who is also named as the executor. My father was the sole owner of an old paid-off car and a home with an outstanding mortgage. His name is the only one listed on the mortgage and deed. However, he was married a year... View More

Barry W. Kaufman
answered on Jun 12, 2026

Yes, you must probate the Will. Retain a probate attorney.

View More Answers

I am the trustee, daughter, and principal beneficiary of my father's estate, who passed in 2007. Since his death, there have been several changes to my mother's trust, with the last amendment made when she was not mentally competent. I have supporting evidence, including police reports... View More

Barry W. Kaufman
answered on Jun 12, 2026

You will need to retain a lawyer. This is much too fact intensive and complicated to deal with online.

The mortgage on our house is in my husband's name, and it has a great interest rate, so we don't want to refinance just to add my name. Can we add my name to the deed without refinancing? We're concerned about future scenarios, such as if my husband were to pass away before me, and I... View More

I have items that I legally own, which were in my father-in-law's house when he passed away in Virginia. After his passing, I found that the executor of the estate, who owns the property where he lived, changed the locks and is now unresponsive to my requests for return of my belongings.... View More

Ross Cameron Hart
answered on Jun 12, 2026

You will likely need a lawyer to help. If you want to go it by yourself, you can file a "Warrant in Detinue" in the General District Court where the property is located. Make sure you sue the actual landlord - check the local tax assessment to make sure of his name (he may own it in a... View More

I am involved in a partition lawsuit concerning a residential property in Texas. There are two other heirs in this case. I was excluded from the legal process related to the will, and the dispute revolves around expenses incurred during the process. The other heirs demanded I sign an open IOU as a... View More

I am dealing with an issue related to a property in Maryland that was meant to be shared among siblings according to a will. One of my siblings passed away 14 years ago, and his share was to be distributed among the surviving siblings. However, there is a lien in his name on the property, which is... View More

Thomas C. Valkenet
answered on Jun 12, 2026

The nature of the lien is important, as this helps determine whether it is still "live," and for how long. The nature of its creation is also important to discern, as events may have satisfied the underlying indebtedness. Finally, if the lienholder cannot be satisfied, or if they refuse... View More

View More Answers

My mother passed away 13 years ago, leaving her house in Maryland to me and my siblings. Four years ago, one of my brothers passed away, and now the rest of us want to sell the house. However, there is a lien on the property related to my deceased brother, possibly due to child support or a car... View More

Cedulie Renee Laumann
answered on Jun 12, 2026

Unfortunately questions about the validity of specific liens cannot be answered in an online post. You’d need a title search and/or title exam, with an attorney looking at the documents themselves, to answer the question.

Generally speaking, however, when a lien attaches to property it... View More

View More Answers

I'm trying to access the probate for my mother's estate in California. She passed away four years ago, and I'm not sure if a will was filed or if the probate process has already begun. How can I find this information and understand what steps I need to take to proceed with or access... View More

I live in Fremont, CA. My mother passed away four years ago, and I never asked to see her will until recently. The executor, who is not communicating with me due to personal reasons, is ignoring my calls when I ask to see the will. What can I do to ensure the will is shared with me? Am I entitled... View More

My wife passed away without naming a beneficiary on her IRA, and we live in Colorado. The value of the IRA is $1,200, and there was no estate set up. Do I need to go through probate to access the funds?

My boyfriend of over 20 years recently passed away in Lake Havasu City, Arizona. I know he left a will, which was witnessed by my mother, but I don't have a copy. Despite having the keys to his house, his distant cousins, who haven't seen him in over 50 years, sent me a letter threatening... View More

Peter H. Westby
answered on Jun 11, 2026

In order to probate your boyfriend's estate, you will need to have, at least, a copy of his fully executed Will. A witness, alone, is not enough. I would search carefully for the Will your mother witnessed. I would also contact attorneys in Mohave County to see if you can locate the... View More

My mother-in-law passed away a year ago, leaving her home to my husband in her will, stipulating it as his sole property, assuming the mortgage. The house has gone through probate, is now in my husband's name, and we've been making mortgage payments for almost a year. My brother-in-law,... View More

My brother was the executor of my uncle's estate, and he hired an attorney for estate matters. The attorney agreed, through multiple conversations and payment for his services, to handle tax filings, but he failed to file them within the 18-month period, resulting in late fees. Despite my... View More

I am a backup heir to a property in Georgia. My two uncles were the primary heirs, and after their passing, the property remains in one uncle's name and my brother's name. One of my uncles was convinced to sign his part over to my brother without any formal paperwork, only a courthouse... View More

I am married and have been for 12 years. We've paid off our home, which is jointly owned with both our names on the deed. We live in Florida, and there is no will or prenuptial/postnuptial agreement. If one of us passes away, will the surviving spouse automatically retain ownership of the... View More

Phillip William Gunthert
answered on Jun 11, 2026

It depends on the manner in which the property is held via the deed, if the deed is clear and held as husband and wife, then the surviving spouse will have complete rights to the property, this is deemed to be held as tenants by the entirety, basically meaning complete ownership by the surviving... View More

I recently lost my husband, and we owned property together in California. My name is on the deed, but not on the contract between him and the tenants. He had a will, and there was no probate process necessary since my name was on the deed. I am actively communicating with the tenants. How do I go... View More

Douglas K. Poulin
answered on Jun 11, 2026

I am sorry for your loss. The first step is to confirm how title was held. Being “on the deed” is important, but the exact wording matters. If title was held as joint tenants or community property with right of survivorship, you may be able to clear title by recording an affidavit of death with... View More