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Probate Questions & Answers
1 Answer | Asked in Estate Planning, Personal Injury, Constitutional Law and Probate for Maryland on
Q: My case has not been heard in five court cases where I have lost each time. How do I file the papers to defend myself?

The reason my case has not been heard is because of conflicting legal advice that I received on justanswer.com. Based on the petitions the lawyers are filing against me, the one that told me to serve the petition on everyone was wrong. What do you do when the court makes decisions that violate the... Read more »

Maxwell White
Maxwell White
answered on May 26, 2023

Unfortunately, this may be a situation in which you need to get an attorney. The truth is that getting an attorney is costly, but not getting one is even more costly. There are certain legal matters that can be handled without an attorney, but based on what you have said so far, this likely is not... Read more »

2 Answers | Asked in Real Estate Law and Probate for Virginia on
Q: My mother passed away on 6/22 (no will) . I filed probate received real estate affidavit contacted mortgage co.

5 months later the mortgage co. (sps) files foreclosure after I submit the deed with my name. I have to give them $18, 000 by the first of June what can I do their relationship manager did not file most of the paperwork I sent her

James H. Wilson Jr.
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James H. Wilson Jr.
answered on May 26, 2023

When the owner of real property in Virginia dies intestate - without a will - title to the real property "drops like a stone" into the names of the heirs. Property inherited by heirs does not pass free and clear of liens or security interests. The heirs take the property subject to all... Read more »

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0 Answers | Asked in Probate for Texas on
Q: What happens if the administer of an estate dies?

My MIL passed about two years ago without a will, and my SIL was named admin of her estate by the court. An estate account in my MIL's and her name was set up to distribute the funds from the sale of my MIL's business & 2 condos. The business was bought outright by her partner, but... Read more »

1 Answer | Asked in Probate for Illinois on
Q: What statuory notices do I need to send out as an administrator of an estate? And, what is a verified inventory?
Michael Goldberg
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Michael Goldberg
answered on May 26, 2023

As a recently appointed administrator of an estate, you are required to provide 1) a notice to heirs and legatees of rights in independent administration (if it is indeed independent administration) 2) claims notice published in the newspaper 3) notice to known creditors mailed directly to them.... Read more »

2 Answers | Asked in Estate Planning and Probate for California on
Q: Hello, my sister passed away, no spouse, no children, both parents deceased. Myself and 3 siblings are her next of kin.

No will or executer. She didn’t own any real estate, vehicle, etc. only her personal belongings and a personal checking account. The checking account was owned by her alone with no beneficiary listed. I paid for her final expenses on my credit card as was needed. We believe it may be $1,000 to... Read more »

Julie King
Julie King
answered on May 24, 2023

If your family member only had $3,000 worth of assets in one bank account, you may want to contact the bank and ask if it has a form Small Estate Affidavit you can sign. Some banks insist on everyone using THEIR FORM. So, even when an attorney drafts such an affidavit and it is perfectly valid,... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: How do you do a transfer on death in Ohio if the person is already dead he told his girlfriend to start it but he died

I am talking about my dad he had a will when him and my mom were together but they're divorced so the will doesn't state any items specifically just said it would go to me and my brothers

Aaron Epling
Aaron Epling
answered on May 24, 2023

The will probably results in you and your sibling(s) getting the house. A transfer on death affidavit must be recorded prior to death to be enforceable. If you're in Central Ohio, I'd be happy to look at it for you.

1 Answer | Asked in Probate for Massachusetts on
Q: If a family member is a will's executor, how soon do they have to execute it? It's been 7 yrs. Do I have any recourse?

The executor is sitting on (holding) all the non-monetary assets of the will, even actively preventing access to the inherited home and property by holding all of the keys. She is also the primary heir.

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 25, 2023

Is this decedent a Massachusetts resident? If so and the Will has not been probated, then those who have priority on the intestacy ladder as the presumption is now that there is no Will unless somehow there is a photocopy of the executed Will which since the named Executor ( Personal... Read more »

1 Answer | Asked in Probate for Ohio on
Q: Does the certificate of transfer supersede the wishes of a will that has gone through probate?

I have a will that gives to the husband as a life estate, then to the daughter as a life estate, then to the granddaughter. The certificate of transfer gives to the daughter, who then conveys the land to another party. It appears that they have ignored or forgotten that the daughter would have... Read more »

Joseph Jaap
Joseph Jaap
answered on May 24, 2023

If the Certificate of Transfer is incorrect, then contact the attorney for the estate to file with the probate court to have it corrected. If the daughter sold the property, there could be a real estate title issue for her and the buyer to resolve. If the buyer did a title examination, that... Read more »

2 Answers | Asked in Real Estate Law and Probate for Arkansas on
Q: Is a heir responsible to grant a first right of refusal her deceased relative made before their death?
Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

You really need to discuss all the facts with a local Probate attorney, look here on Justia for one. Generally promises to transfer land must be in writing, but there are additional restrictions when the Grantor dies, then the writing must comply with all the requirements of a Last Will. It must... Read more »

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1 Answer | Asked in Civil Litigation, Probate and Family Law for Massachusetts on
Q: My ex is taking me back to court for contempt I feel what he is doing is litigation abuse. I cannot afford a lawyer.

I am not able to answer his phone calls every single night so he can speak to our son. The last lawyer I had said to agree to the terms of him speaking to my son every night and that it wouldn’t be a big deal. I never wanted to agree because I know my schedule is crazy and I shouldn’t have to... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 24, 2023

If there is a Court Order that there is a phone call father has at such a time each night, someone needs to make sure the call happens so that if someone else is watching the child, then they can handle the child responding to the call.

0 Answers | Asked in Probate for Texas on
Q: Is it legal for administrator over no will probate to trade in a vehicle for lower value than kbb value rather than sell

Man dies in Texas, no will, wife and 2 children not of the wife.

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Is a mortgage with a beneficiaries' property automatically assumed by beneficiary

AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?

James Clifton
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James Clifton
answered on May 22, 2023

If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... Read more »

1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: 3 real estate properties in Missouri to be sold and divided between me and 2 sisters.

My mother told me she and her husband agreed to pass 3 properties to my 2 sisters and I. My sister was supposed to sell all 3 and divide the money 3 ways. Instead she convinced my mothers widower to give all of them to someone else. I just found out 2 years after his death. Is there anything I can... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

At the very minimum, hire a MO attorney to search the three titles and determine present record ownership. If you are an heir, then a suit for a Sale For Partition might be available.

0 Answers | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: I'm a beneficiary on a revocable trust. The owner of said trust passed away. Now I have no access and my sister is

Changing everything on the trust documents and the accountants are refusing to speak or administer any of the assets. Including the lawyer's. The debts have been paid and taxes were filed and everything has been settled other then disbursing the funds. How do I file for probate?

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: Good morning. My mother died around 11 yrs., my step father died in December 7th. His will and trust say to gather and

Divide all of his assets between the beneficiaries. My stepsister told my blood sister that they we’re getting a 2mil life insurance payoff and that they won’t be splitting it up as per the trust. Can she do that?

Nina Whitehurst
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Nina Whitehurst
answered on May 22, 2023

Your question is missing important facts. The life insurance must be paid according to the death beneficiary designation that the owner specified for the policy.

If the death beneficiary is the trust, then the proceeds must be distributed according to the terms of the trust. The trust...
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0 Answers | Asked in Probate for Mississippi on
Q: Is this a current Statue 85-3-33/ for the state of Ms.
0 Answers | Asked in Criminal Law, Family Law and Probate for Georgia on
Q: What if you took a plea bargain and no one ever discussed any evidence or facts about your case to you ?

I just read the narrative report on my mug shot on Whitfield county crime from the deputy’s and In the report it blankly states a witness commenting on the incident and then pictures being taken proving that I was not fighting that he did put my hands behind my back while she assaulted me and I... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My friend's mother died without a will. She is an only child. What does she need to do to have the deed put in her name?

My friend is an adult. Her mother was a widow, and they lived together. As for the house, it's worth less than $75,000.

Ryan Zapalac
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Ryan Zapalac
answered on May 23, 2023

Generally, when there is no Will, you must go through some sort of probate administration whereby the heirs of the deceased are judicially determined and a personal representative is appointed. However, several states have a process available to assist those smaller estates that may not need... Read more »

3 Answers | Asked in Contracts, Probate and Small Claims for California on
Q: I am unpaid caregiver. Probate has closed. How do I collect what's owed?

I've filed small claims case before the year limitations. I believe I need to file Abstraction of Judgement

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023

As an unpaid caregiver seeking to collect what is owed to you, it is advisable to follow the legal process available in your jurisdiction. Since you have already filed a small claims case within the statute of limitations, it is a positive step. If you have been successful in obtaining a judgment... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Tennessee on
Q: Can I sue the estate of someone who molested me and was convicted. This was almost 25 years ago. He just recently passed

My mother and aunt were in charge of his estate I'm guessing. I have had zero contact since the day I testified. I have always wanted to sue him but was afraid to see him. Now that he is gone, can I sue the estate? Conviction happened in Tennessee. He was a resident and passed in Mississippi.

Anthony M. Avery
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Anthony M. Avery
answered on May 26, 2023

Looks like he died a MS resident. You might check in County of death as to whether there is a Probate or not. If so, then consult with a MS attorney about possibly filing a claim. But any suit for damages would have to be in TN where attack occurred, and your SOL ran a long time ago.

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