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Your current state is Virginia
My mother passed away in September 2023, leaving no will. I believed my older brother was managing her affairs, but I recently discovered he took everything from her house and accounts. Now, a foreclosure company has contacted me about my mother's house, which is facing foreclosure. I... View More 
In 1984, a case titled Arrick vs. USA involved my father's estate and was handled in Maricopa County, Arizona Probate Court, with case number 121113. As the representative of the estate and his only child and heir, I discovered that a lawyer named Mr. Arrick stole $10,000 from my father's... View More
I am 25 years old and adopted. My biological mother, who I reunited with in 2018, recently passed away in California. I have been her emergency contact, but I am not considered her next of kin. My older biological brother, who is estranged and lives out of state, is the next of kin but has not... View More
My husband passed away recently in Georgia without a will. I am filing for a Petition for Letters of Administration to access my late husband's assets. He has one son, whom he hasn't had any contact with in over 32 years by the son's choice. I have no idea how to find or contact him.... View More
answered on May 12, 2025
Yes, the son, even if estranged, is an heir and must be served with notice of the probate administration. If he is the only son, you, as the wife, and he, as the son, will each inherit half of your husband's estate. Schedule a free consultation to ensure probate is completed correctly.
I am an ex-spouse still listed as a beneficiary on a will filed in Maryland. The will was originally written in 2003, and my divorce occurred in 2017. No updated will was filed, but there are contingent beneficiaries. Does this status as a beneficiary inhibit my inheritance from the will?
answered on May 12, 2025
By law (Maryland statutory code) you ceased to be a beneficiary under your ex-spouse's will as of the date your judgment of absolute divorce was entered on the court docket. The judgment of divorce also would have terminated you as a beneficiary under any beneficiary designation on any... View More
I inherited a property as the sole heir and the estate has been closed. I need to clear the house of any remaining furnishings and personal property to prepare for sale. A neighbor offered to clean out the house and dispose of unwanted furniture. In return, they would keep any revenue from selling... View More
answered on May 12, 2025
From what you say, all property has already passed to you under the estate, and the estate is closed. The property is no longer "estate" assets, but your personal property. Do with it as you please. It may be prudent to have some form of written statement (even an email will do)... View More
My former stepchildren are contesting my husband's will, claiming he was under the influence of pain medication and under undue influence when signing it. He was dying from cancer, and his friends witnessed the signing of the will. I was served papers late Friday evening, but the petition... View More
My brother passed away and had custody of his two young children. After his passing, I have been taking care of them along with two large dogs he left behind. His older biological children, who became executors, initially agreed I could stay in the house if I could get it in my name. However, they... View More
My brother is the executor of my mother's will, and it has been over a year without progress. There are four beneficiaries, including my brother and my sister, whose daughter is living in the house meant to be sold and split among us. We agreed to let my niece buy the house, but she... View More
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answered on May 12, 2025
As a beneficiary under California law, you have significant rights when an executor fails to properly administer an estate. When an executor unreasonably postpones settling an estate, they can be held personally liable for resulting losses. California probate courts expect executors to act promptly... View More
I am a beneficiary in an open probate case in Oregon that has been ongoing for 15 months. There are no disputes in the process. Is it required to file an annual accounting with the court?
I am a beneficiary of my deceased father's estate. There was no will, no surviving spouse, and there are three children, including myself. My brother, who is managing the estate, has given away items he deemed of no value and has locked me out from accessing or obtaining an inventory of the... View More
I'm one of five siblings who are beneficiaries of a property that is to be sold and divided equally among us. The executor, who is also a sibling, agreed to let another sibling (a beneficiary) live in the property until the house is sold. Now, the executor wants to evict that sibling. Can the... View More
My mom is currently battling cancer and is on disability but not in a nursing home. She has no will or trust, and the house she owns is fully paid off and solely in her name. I'm her only adult child, and there are no other debts besides what’s covered by Medicare. Will her house be at risk... View More
My father passed away without leaving a will, and his land is located in Dayton, Tennessee. I am seeking to understand how inheritance rights work in this situation. The potential heirs include me, my sister, and two uncles. There is no surviving spouse or other relatives claiming the land. What... View More
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answered on May 12, 2025
When a Tennessee resident passes away survived by living descendants and no surviving spouse, then the legal heirs are the then living children plus the descendants of any predeceased children. If you and your sister are the only children, living or deceased, then you are now 50/50 owners of the... View More
I'm seeking assistance with a situation where a nursing home is attempting to hold me liable for charges incurred by my mother, who is now deceased. I had Power of Attorney for her but did not sign any personal guarantees; I only signed documents necessary for her admission to the facility.... View More
answered on May 10, 2025
No generally you don’t owe anyone debts incurred by your mom. The only concern I would have is if upon admission you inadvertently signed some document accepting liability. I would request that the nursing home send you copies of any document you signing allegedly guaranteeing payment. If they... View More
My dad recently passed away without a will. Before he passed, he asked my sister to take his car title from his lockbox and give it to me, his son. The next day, my sister brought the title to him to sign, but he was too weak and didn't sign it before he died. His wife is in the same nursing... View More
I am in North Carolina and co-owned a vehicle and a property with another person, who has recently passed away without a will. The deceased has heirs, and their law firm is requesting that I pay them the book value of the vehicle so that they can transfer the auto title to the heir's name. The... View More
I need advice on accessing funds from my deceased husband's bank account, which is solely in his name, in California. He passed away outside of the U.S. There are no legal disputes or financial obligations tied to the account, and I haven't discussed the situation with the bank yet. How... View More
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answered on May 10, 2025
Under California law, you have several options to access funds from your deceased husband's bank account, even when it was solely in his name. As the surviving spouse, you possess legal rights that may simplify this process significantly.
If your husband's total estate value is... View More
I recently closed my deceased mother's IRA account and have been advised that I will need to pay tax on the proceeds. I'm her daughter and trustee. The bank will report the information to the IRS, and I filled out what I believe was a W2 form. What percentage of the amount is typically... View More
My father passed away last November, and my estranged brother, who is the executor, claims it will take up to 2 years to pay my father's medical bills. My father was on Medicaid, which typically has a 6-month time limit for payments. The estate is not undergoing probate, and my brother has... View More
answered on May 9, 2025
First, the reason your brother's lawyer is not speaking with you is because the ethics codes prohibit lawyers from giving advice to beneficiaries. You are not the lawyer's client. Plus, there are more ethics regulations on lawyers in estate administration matters than most other areas of... View More
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