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0 Answers | Asked in Estate Planning and Probate for New Mexico on
Q: My father passed without a will, how much of a fight am I looking at?

My father recently passed without a will, he had begun working on a living trust but it was not complete. We had become estranged and I was unaware he was ill. He passed in late Oct early Nov and his mother waited 3 months to inform me of his death. I am his closest kin, only child. He lived in NM... Read more »

0 Answers | Asked in Estate Planning and Probate for New Mexico on
Q: My father passed without a will, how much of a fight am I looking at?

My father recently passed without a will, he had begun working on a living trust but it was not complete. We had become estranged and I was unaware he was ill. He passed in late Oct early Nov and his mother waited 3 months to inform me of his death. I am his closest kin, only child. He lived in NM... Read more »

0 Answers | Asked in Probate for Arizona on
Q: My sister's trustee resigned now brother in-law trustee is being unfair. What can be done?

We didn't know there was a trust. My sister's husband died in 2020 in Az. She died Nov 30 2022. Step daughter came into house within an hour of finding out my sister had died. She went through everything. My sister had $10000 cash. She took this money and some other things. She took all... Read more »

2 Answers | Asked in Criminal Law, Constitutional Law and Probate for Texas on
Q: Technically, does the prosecution still need to prove guilt if a person takes a plea?

If a plea deal is entered to by a defending party for whatever reason, even though the person may be innocent, does the prosecution still need to prove guilt or does an admission automatically situates his/her guilt?

John Michael Frick
John Michael Frick
answered on Feb 1, 2023

In most cases, an admission of guilt is sufficient. In some cases, corroborating evidence is necessary.

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0 Answers | Asked in Probate for Georgia on
Q: my gps jointly owned prop; gd died in 90s; gm died 2021; 2 heirs together. gd extra 2 heirs - r they included as heirs?

My grandparents jointly owned property in Georgia. My granddad died in 1990, leaving behind 4 children. 2 of his children are with my grandmother (whose name is on the property) & 2 of his children are not related to my grandmother. Then, my grandmother died in 2021. Both of my grandparents... Read more »

1 Answer | Asked in Family Law, Civil Litigation and Probate for Alabama on
Q: Brother not letting me find out about royalties due me. What can I do?

It's an old estate from grandparents.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 2, 2023

A good start will be hiring an AL attorney to sue for an Accounting. The SOL and Discovery will be significant issues. Collection of any Judgment may also be difficult.

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: Another question regarding about my brother passing with a will. So his daughter is entitled to everything not us?

He's daughter 16. So we couldn't get nor even his clothes?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Feb 1, 2023

Since your brother did not leave a will, his daughter is his only heir. The clothes are of little monetary value, but it is up to the administrator of his estate to decide how to pay any remaining debts of the estate. You should have a quick consultation with a probate lawyer to determine what to... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »

0 Answers | Asked in Divorce and Probate for Alabama on
Q: Mydadsestateisinprobate.My sis livesincondothatwillbehers.Aclaim hasbeenputon estatepast duesoncondohowcanI mkeherliable

How can I make my sister liable for the past dues and assessments. I don't think it's fair since she's living there that I should be responsible

0 Answers | Asked in Estate Planning and Probate for Rhode Island on
Q: As an executor , how much can I charge my dad's estate ?

Selling house . Cashing in stocks . Settle debts . Cleaning out house of contents .

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can an executor of a will change it after the person dies in Texas...

My mothers will made my step father the executor and then it was to be split equally between me and my step sister. After she died he changed the will without my knowledge and totally left me out giving it all to my step sister...not honoring her wishes

Isaac Shutt
Isaac Shutt
answered on Jan 31, 2023

Absolutely NOT. Only your mother had the power to change her will. There's no such thing as a will being changed by someone else. You should definitely get a probate attorney to represent you, because your stepfather is up to some shenanigans if he thinks he can change a will after your... Read more »

1 Answer | Asked in Real Estate Law and Probate for Mississippi on
Q: My mom died in 2015 w/o a will. I am 1 of 3children. We all agree I will get the house. I need to get it in my name.

I recently paid off the mortgage as I have remained living in the home since her death.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2023

Hire a MS attorney to search the title and determine heirship. Then draft a deed from the other siblings over to you, with at least a proper derivation of title clause if not a recorded affidavit of heirship. Get them to execute deed, then record it.

0 Answers | Asked in Contracts and Probate for California on
Q: OK I am the executor of my parent's trust. The power of attorney form cites 4400-4465.

My parents signed to each other and placed into the trust.

As Executor do I assume the role of Third Party in power of attorney?

the Bank just told me No. ??

2 Answers | Asked in Family Law and Probate for North Carolina on
Q: My brother died and his girlfriend want let us get his belongings. He has a 16 year old daughter. Who is entitled to it?

All he has is clothes tools and golf cart trailer

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 31, 2023

I am sorry for your loss.

The disposition of his assets are covered under North Carolina probate law. Someone will need to at least consult an attorney to see how his assets can be distributed. His girlfriend has no legal relationship to him, and therefore has no legal right at all, to do...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom has separate and community property, where would her medical debt be paid out from.

She was married for 4 years but at here job for 17 years 13 years is separate property and the other 4 was community but during the last year she accumulated medical bills so I’m trying to see if her husband would have to pay from his community property or it would come out both community and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 31, 2023

Up to $15,000 of funeral expenses and up to an additional $15,000 of medical expenses associated with your mom’s final illness must be paid out of your mom’s estate as a priority claim before any other debts or expenses are paid.

If you paid funeral expenses out of pocket, you need to...
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0 Answers | Asked in Civil Litigation and Probate for California on
Q: Can you suggest a pro bono or low cost attorney that handle trustee problems my sister is trustee she has unforgivable

3 sibling Beneficiaries, 1 is trustee no copies of trust. No accounting trustee lies, steals embezzled share money in her account and has done thi gs to me I will never forgive her for. I'd like to sue her. Not just for what she has done but for the pain and suffering she has and is causing me.

0 Answers | Asked in Probate for Washington on
Q: My husband had a reverse mortgage on our home

I was not a borrower and was not married to him at the time when he got the reverse mortgage. His children were going to sell and repay the bank, but have decided to let it go back to the bank. My question is, does this mean that there is no estate now that I have to worry about going to probate?... Read more »

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