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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Sister was removed as guardian d/t malfeasance. Can our family forgo guardianship and return to my power of attorney?

My sister was removed as guardian recently. I was the power of attorney before her guardianship. We have had many issues with the courts and feel it is too expensive and time consuming. Is it possible to re-enact the power of attorney document or should I apply for guardianship?

Aaron Epling
Aaron Epling
answered on Feb 21, 2024

If the POA is durable, then you may be able to terminate the guardianship due to there being a less restrictive alternative available. I recommend asking your attorney about this.

0 Answers | Asked in Family Law and Probate for New York on
Q: Can I contest my father’s will 16 years after he’s passed ?

My father passed away when I was 15 years old , my sister was 12. He died in New York City and my mother and him never married. He left behind his 401k and i believe 200k plus a house in nyc that just sold for 1.4 million. The will was drawn up and made when he was on hospice. His death certificate... View More

0 Answers | Asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia on
Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property... View More

0 Answers | Asked in Probate for Oklahoma on
Q: I inherited our family home in OKC after the passing of my only sibling. He passed intestate I underwent probate.

Trying to sell property & am now required to go thru another probate because the deed only has my deceased fathers name. How can I get around this? I just want to sell this property as I do not reside in OKC. Title company says they need another probate, my father has been deceased over 50... View More

0 Answers | Asked in Probate and Estate Planning for Washington on
Q: What information does the executor have to legally provide to a heir under the WA State law while the estates in probate

I’m a legal heir or beneficiary of my dad’s estate. . The executor of my dad’s estate isn’t providing updates when I ask on sale of assets in the estate ( e.g. home, car) or answering my questions when asked about the status of assets in the estate. I’ve also requested from the executor a... View More

1 Answer | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: I need help answering a petition filed against my deceased mother's property in accordance to K S.A 79-2801

My mother passed away in 2012 I have been at the property since then and paid taxes on property until now I have no other heirs to battle for the rights to property but this action filed against the real estate is not what I was planning on happening please some advice on this matter

Nina Whitehurst
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answered on Feb 20, 2024

There is no “answer” that can be provided to your question because we have no idea what the petition is about. Also, attorneys in this forum are not allowed to solicit clients. This means that no attorney can write “contact me”.

But you can contact an attorney in your area yourself...
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0 Answers | Asked in Real Estate Law, Tax Law and Probate for Kansas on
Q: Hello I'm contacting you today to find out what I needed to do with this petition filed against my mother's property

in accordance to K S A 79-2801 I don't want to lose the house I want to pay the back taxes get transfer of property to my name but I have to answer this petition and I'm not sure on how. I knew it might go in to a tax sale but I know if u have half paid before the day of tax sale you... View More

0 Answers | Asked in Family Law and Probate for Minnesota on
Q: Is a conservator really necessary or is this a power move by the “selected executors?”

My boyfriend passed away with no will, and no named beneficiary. His next of kin is his son, who is a minor. The family is going to probate court. Are they the ones who are deciding that I need a conservator for my son to receive what he is due? If so, do I actually need one or can I just leave it... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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2 Answers | Asked in Estate Planning, Collections and Probate for Ohio on
Q: Does my dad's life insurance policy have to go toward medical debt before being dispersed to beneficiary?

My dad passed away last summer. My sister (beneficiary) has been given a check from my father's life insurance policy and we are told the funds will be available in ~2 weeks. However, my dad has a high amount of medical debt left over. Is the life insurance money safe to be used or will... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 19, 2024

Proceeds from a life insurance policy, where the beneficiary is a named living individual(s), pass outside of the probate process, and the creditors have no claim to it because those proceeds are not part of your dad's estate.

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1 Answer | Asked in Probate for Michigan on
Q: I am the PR and our probate is done but not closed. The house was sold & my attorney didn't have time to provide a deed

so the realtors office took care of it.

Now my attorney wants to charge me more for a deed to a small piece of vacant property left to my sister and I. I am giving my half of the property to my sister. Is the property now part of the estate?

Can I send a quick claim deed to the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2024

If you already have an attorney it would be inappropriate to answer here, however, since there is no such thing as a ‘quick claim deed’ it IS clear you need legal help to complete the probate.

If there is property in the estate it isn’t ‘done’. If you want a second opinion you...
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0 Answers | Asked in Probate for Kentucky on
Q: I have a question regarding filing a will with the county after the death of a family member.

My mother passed aways on 2/14/24. She resided in an assisted living facility for two years with the last three weeks of her life in a nursing home. When she moved to the assisted living facility she liquidated all her physical assets (home, car, etc.) and the proceeds from those sales were... View More

1 Answer | Asked in Tax Law, Estate Planning and Probate for Ohio on
Q: My husband died 3 years ago. I have been paying 3 cc s I changed on since then. Can I stop paying? I’m 71 w no assets

These don’t show on my credit report

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 19, 2024

More information is needed here. For example, based on your post, are you suggesting that these 3 credit cards are in your deceased hsuband's name only? Anyway, the short version is that if you stop paying then you are exposed to being potentially sued and the question is whether or not... View More

1 Answer | Asked in Civil Litigation, Elder Law and Probate for California on
Q: Can bundle a petition for conservatorship with a request for reasonable compensation and unreimbursed expenses?

Two beneficiaries of a revocable trust stated in California removed funds held in trust by me to deny me reasonable compensation and unreimbursed expenses. One of the beneficiaries was my soon-to-be ex-husband. The trustor is my mother-in-law and I believe her to be financially incompetent and had... View More

James L. Arrasmith
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answered on Feb 21, 2024

In California, it is possible to address your situation through legal proceedings, but the strategy involves careful consideration of the complexities involved in trust and conservatorship law. When dealing with a conservatorship petition, specifically if you believe a party to be financially... View More

0 Answers | Asked in Probate for South Carolina on
Q: Does Mom's half of the house go to the estate or to her husband?

I'm the personal representative for my mother's estate in SC. I'm currently creating the inventory for the estate and am not sure whether my mom's ownership interest in her and my stepfather's home is subject to probate.

From my understanding, SC deeds default to... View More

1 Answer | Asked in Civil Litigation and Probate for California on
Q: I have a sales contract with an IAEA Executer in escrow. All conditions have been met on my end. What is the hold up

I think there is a higher offer and they are waiting for escrow to expire

James L. Arrasmith
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answered on Feb 21, 2024

If you suspect that the delay in closing the sales contract is due to a higher offer, it's essential to communicate your concerns with your real estate agent or broker. They can provide insights into the status of the transaction and any potential competing offers. Additionally, you may want... View More

2 Answers | Asked in Estate Planning and Probate for California on
Q: Can Estate distributions be made to beneficiary's trust instead of beneficiary as named in court order?

I need to make distributions from the estate that I am executor of. the court order named beneficiaries by their names so in their personal capacity. The beneficiaries want me to wire money to their trust accounts. one has a living trust and the other has a special needs trust for their adult... View More

Nina Whitehurst
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answered on Feb 17, 2024

It can be done if the heir files an assignment of inheritance with the court and executor before the distributions are made.

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Utah on
Q: I'm an heir to an estate, How do I get my funds out of court after a foreclosure?
Kenneth Prigmore
Kenneth Prigmore
answered on Feb 16, 2024

The entity that foreclosed on the home will have the money initially. If it's over $100k, they will normally refuse to give it to an heir without first your going to court and requesting to be named as the personal represenative.

If it has been long enough, the entity may have turned...
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