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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

2 Answers | Asked in Real Estate Law, Civil Litigation, Civil Rights and Probate for Illinois on
Q: How can I ask for executor of estate bcuz of brother dying intestate have to help pay for me to relocate ..

Brother has filed an claim for ejectment and wants me to leave my place of home .I hv lived on this property for ten yrs and held primary resident holder continuously I also paid the deceased 5000 dollars in August of 22 for the 2 acres I occupy of the 48.3 total acres of property that I have... View More

Anthony M. Avery
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answered on Oct 21, 2024

Receipt is not a deed, and sounds like rent. If you are also an heir, then counterclaim for a Sale For Partition.

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1 Answer | Asked in Probate for Alabama on
Q: How do I apply for probate on my husband estate

IRA 401 k retirement stock bond pension

Anthony M. Avery
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answered on Oct 22, 2024

Hire an AL attorney to see if Probate is needed of not. Most or all of the properties you listed should go to the designated beneficiary, and not distributed through an Estate.

2 Answers | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Probate for California on
Q: Is it possible to hire an out-of-state attorney for a legal malpractice situation related to probate, I'm in Calif?

If so, anyone recommendation would be greatly appreciated. Thanks in advance

Joel Gary Selik
Joel Gary Selik
answered on Oct 17, 2024

Yes, an out-of-state attorney could handle a case against a California attorney. The out-of-state attorney would need to hire a local attorney to act as local council. Note there are a number of qualified legal malpractice attorneys in California and those may be your best option to begin with.

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1 Answer | Asked in Probate for Alabama on
Q: I rented land from a friend that claimed he owned the land but it's owner is his dead grandma with no will

I live in warrior alabama

Anthony M. Avery
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answered on Oct 18, 2024

The owners are probably the heirs of GrandMother. Hire a lawyer to search the title and determine heirship if you are interested in the land. The lease needs to be signed by all owners or the property manager. Any tenant in common can lease, and any tenant in common can sue you for... View More

1 Answer | Asked in Probate for Texas on
Q: Have property in Oklahoma. The owner is now deceased and property goes to the deceased descendants. They have agreed

to put the property in a family trust. What needs to be done to accomplish this ?

Anthony M. Avery
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answered on Oct 17, 2024

Hire an OK attorney to search the title, determine heirship and draft a deed from the tenants in common over to the Trustee for the Trust. Attorney will need to draft the Trust Instrument with the TIC appointing someone Trustee. Deed must convey to the Trustee of the Trust, not the Trust... View More

1 Answer | Asked in Probate for California on
Q: If my signature was needed to sell a home but never obtained before the house sold, legally what can I do?

I am 1 of 3 beneficiaries to a trust, the other 2 are both trustees. In the trust document in order to sell any real property all three of us had to agree and sign a statement. Before the 1st house sold, I signed an agreement to sell just that house, but they went ahead and sold the other house... View More

James L. Arrasmith
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answered on Oct 13, 2024

You have the right to address the unauthorized sale of the property. First, review the trust document carefully to confirm the required procedures for selling real estate. Since all three beneficiaries must agree and sign, selling without your consent may violate the terms of the trust.... View More

1 Answer | Asked in Estate Planning and Probate for New York on
Q: NYC-- who inherits the house?

Background: House located in NYC/Kings County

Characters: Mother (deceased), father, self, brother, half-brother

Backstory: House purchased in 1974, In fathers name only. he is breadwinner, mother is homemaker. Mortgage paid off 1987. In 1988, father add mothers name to deed. in... View More

Michael David Siegel
Michael David Siegel
answered on Oct 13, 2024

The father likely inherits as the surviving spouse but the language in the deed will govern it.

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Jacqueline Alicia Salcines
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answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

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1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Small Claims for California on
Q: Dad died 9/4/24. Landlord paid $200 of $1000 deposit saying he's cleaning, no itemization. Over 35 days does he owe all?

Landlord supposeldy paid $200 to a state worker, who was already being paid by the state, to clean my dad's place depaioutr request to clean it ourselves, and $200 to me out of $1000 deposit (which was mot a cleaning deposit), but no explanation for the balance and kept all paperwork. Father... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm sorry for your loss. In California, your landlord is required to provide an itemized statement of any deductions from the security deposit within 21 days of the tenant's departure. Since your father passed away on September 4 and the landlord took more than 35 days without proper... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Home equity loan

My dad and stepmom are both on the deed/title to home. Stepmom just recently passed away and dad is looking to get a home equity loan for the property which is completely paid off. Stepmom has 2 adult children as heirs and there was no will. How could this be navigated to be able to get the loan?

James Clifton
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James Clifton
answered on Oct 11, 2024

If the title to the property was held as joint tenants with right of survivorship or tenants by the entirety, your father would own the property solely in his name upon the passing of your stepmother. If the title was not held as joint tenants with right of survivorship or tenants by the entirety,... View More

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Do you have to wait one year to settle estate even if the department of revenue has approved the inheritance tax return.

The Estate was advertised in May and I am the Executor and I absolutely know my father does not owe any money to any creditors. He never charged anything. Everything was paid in full with cash and I have paid everything that was due. Ok

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 11, 2024

Pursuant to PA law, the opening of an Estate must be published in a newspaper of general circulation in the county in which the probate is pending. Creditors of the deceased or estate have one year from date of first publication to file a claim for payment. If the executrix distributes Estate... View More

1 Answer | Asked in Tax Law and Probate for Georgia on
Q: I received pension as a survivor benefit from my father, federal tax was taken out. Is that refunded at tax time?
James L. Arrasmith
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answered on Oct 11, 2024

When you receive a survivor benefit with federal tax withheld, you might be eligible for a refund when you file your tax return. Whether you get a refund depends on your total income and the amount of taxes you owe for the year.

When you file your taxes, the federal taxes that were withheld...
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1 Answer | Asked in Probate for Georgia on
Q: Should I agree to grant all powers to my brother who we have chosen as the administrator of my mothers intestate estate?

My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More

Robert W. Hughes Jr.
Robert W. Hughes Jr.
answered on Oct 11, 2024

Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More

1 Answer | Asked in Probate for Michigan on
Q: What does applicant does not have priority to serve mean
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2024

It means that the applicant for something doesn't have the priority under law to serve as that something. What are you looking at that says this? Details might help. Short of that, getting local advice from a licensed attorney will likely help.

1 Answer | Asked in Probate for South Carolina on
Q: So I'm completely confused with what I need to do and how to start the probate process.

My father recently died and my mother passed in 2013, leaving me as the only child and beneficiary. However, my father has no will or trust nor did he set up POD or beneficiaries on any of his accounts. Cash assets are under $50,000, the only property is a couple of cars and some normal household... View More

Christian T. Wall
Christian T. Wall
answered on Oct 15, 2024

First of all, please accept my condolences on the loss of your father.

You will need to open up a probate estate with the probate court in the county he was living in when he died. Once the estate is opened and you are appointed the personal representative (what used to be called...
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1 Answer | Asked in Probate for Tennessee on
Q: Hi. I inherited a house in TN. I am the personal rep and sole beneficiary. There is no money for the estate account yet.

When my mother passed recently, she had a loan and credit card that totaled about 22K. Around 100K mortgage remains on the house, and I am making payments as a Successor in Interest. I plan on having an estate sale to help fund the estate account. It may not cover all of it. I live in another state... View More

Anthony M. Avery
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answered on Oct 9, 2024

If you have not filed for Probate, then do not without the advice of counsel. You probably do not need to, which will attract creditor claims. Hire a TN attorney to search the title, determine heirship and record an

Affidavit of Heirship. As one of the owners, or the owner, you can...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: What action should I take to get part of my dad's inheritance from his dad's estate since he is deceased?

My grandad just passed away he had no will. So his oldest daughter is making decisions she is selling his property she claims will be divided. She ain't one to trust so what should I do to claim my father's part in his father's estate?

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Oct 8, 2024

I would highly recommend that you consult with a probate attorney as there are numerous additional facts needed to provide an answer. If no application for probate has been filed then you could potentially open a probate case allowing for a legal distribution of the decedents property. You should... View More

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters' rights even if house is in my name?

Five years ago, my grandmother "sold" me her house for $5 to get it out of her name and avoid probate if she were to pass because she wants me to have it. She's continued to live in it though I pay all property taxes, etc. Recently she's let my cousin's son who is 16 move... View More

Anthony M. Avery
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answered on Oct 9, 2024

Hire an OK attorney to determine potential heirs. Those actual heirs have a right to occupy the premises, and sue for possession from anybody else.

1 Answer | Asked in Probate for Michigan on
Q: I applied for a petition in order but then I found last well and testament to get to account
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 8, 2024

That isn't a question, but a will won't 'get you into an account' you still need letters of authority.

Where is the estate to be probated? Is there something more than just the one bank account and is it below 10-15k?

There may be other ways to proceed, but if...
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