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Probate Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: What is the Dead Man's Statute?

My father passed away, his wife refused to give his children his estate documents. I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023. Shortly after creating the Trust, my husband,... View More

James L. Arrasmith
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answered on Apr 17, 2024

In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims.

Under the Dead...
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1 Answer | Asked in Probate for North Carolina on
Q: I have been paying on a piece of property and it was in probate . I have been paying the heir of the property can I take

Possession of property

Ben Corcoran
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Ben Corcoran
answered on Apr 17, 2024

You cannot take possession of the property unless the heir(s) execute a deed to you.

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My girlfriend is getting an inheritance from her dads will.Family lawyer says we have to pay a oath & stamp duty fee

and a nortization fee equaling to a totall of 130k. Im more curious to make sure its not a scam. The inheritance money wise is over 7 million and 65 acres of land.

Anthony M. Avery
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answered on Apr 17, 2024

GF needs to hire an AZ attorney to check out the Probate Action. Then he needs to look into the distribution itself. Notary fees do not justify $130K ever. However it sounds like there are other fees involved, not just for a notary. Also the Deed will need to be drafted correctly to convey... View More

0 Answers | Asked in Probate for New York on
Q: Where would I find the listing of all beneficiaries to a probate estate in Southern California?

I, 40, had a great aunt pass away in Southern California, I am in New York. During this process I had to sign off on a sale, and was told that I would be receiving a sum of money. Since this, I've had a falling out with my family, and when asked was told the stipulations were changed. How can... View More

0 Answers | Asked in Probate for Arizona on
Q: Do I have to pay attorney fees if a trustee gets an attorney to transfer their rights to a new trustee?

Current standing trustee hired an attorney to transfer their rights to a new trustee due to being voted for removal by the beneficiaries. Due to the current trustee not defending the removal, do I or the trust still have to pay the attorney fees?

1 Answer | Asked in Probate for Puerto Rico on
Q: Dad passed 2 years ago,his wife passed6 years ago,willed everything to myself and my sister,left my stepsister out

Is she entitled to claim,in puertorico

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Apr 18, 2024

You do not specify to whom was your stepsister related. Neither do you specify when/where both spouses died. Under rule of law, your stepsister would not inherit from her step-parent. Nevertheless, she would inherit from her actual parent. If she was left out of both wills, her parent incurred in... View More

0 Answers | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Are there any issues with the name on the deed being different than the name on the mortgage loan?

The person who has their name on the mortgage is deceased (my father in law). The person who has their name on the deed is the spouse of the person who has their name on the mortgage. They living spouse had to go to probate court for year's support to get their name on the deed. The living... View More

0 Answers | Asked in Probate for Utah on
Q: I just wanted know if something can be done

So back in 2003 there was a family road trip from Kearns UT. To ST. George UT. Unfortunately there was an accident now in the vehicle at the time of the accident was 3 cousins of mine, my older brother, my mother, me and my father. 3 lives were lost both of my parents and one of my cousins, one of... View More

0 Answers | Asked in Estate Planning and Probate on
Q: Keku and koku are siblings both baptised in masandwana church in the street of Ubuntu.

Keku and koku are siblings both baptised in masandwana church in the street of Ubuntu. Both koku wrote a will that she does let all her estate be bequeathed to koku and so did koku as well that of she dies, let her estate bequeathed to keku, they died instantly in the master ki airline... View More

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
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answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

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0 Answers | Asked in Probate for Nevada on
Q: In Nevada is a beneficiary required to sign a release for the residuals of a revocable trust. I want to contest.

The estate started at $409,000 and the attorney has dwindled it down to $14,000. The ending amount is questionable. It does not add up

1 Answer | Asked in Probate for California on
Q: I need help drafting and filing an objection to a Petition for Probate Letters of Administration.

There is a valid Will on file with the county and there are no assets to probate.

James L. Arrasmith
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answered on Apr 15, 2024

To object to a Petition for Probate Letters of Administration in California when there is a valid will and no assets to probate, you should follow these steps:

1. Draft an objection: Write a document titled "Objection to Petition for Probate Letters of Administration." In this...
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1 Answer | Asked in Probate for Texas on
Q: I was evicted from property I was having probated now that I started the probate and got a case number can I go back it

It was my dad's property it's 5 decedents but only one has access to the property I was told once I started probate none of the hiers could be denied access

Alisha Melvin
Alisha Melvin
answered on Apr 15, 2024

You will need to file a partition suit and potentially force the sale of the property if you all cannot agree on who will occupy the property. If you all are current heirs who will inherit then no one heir can exclude the other heirs from the property.

1 Answer | Asked in Probate for Michigan on
Q: My mother passed last month, leaving no one as a beneficiary on her 401k.

My sisters and I were informed by Probate that we can not go the simplified process do to the amount. What steps need to be taken to receive her benefits from Fidelity. My sister is listed as the Power of Attorney, with another sister and myself, would this help the process?

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 15, 2024

PoAs are ineffective after the principal dies so that means nothing. Did she have a will and was there a personal representative named in it?

If so that person has ‘priority’ to start probate. If not you and all your siblings — assuming your mom was unmarried at the time she passed...
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1 Answer | Asked in Probate for Ohio on
Q: Do you all handle any probate issues, next of kin is a 7 year old being fought by deceased half sister?

My fiancé of 7+ years and I have one son together it’s his only child he is only 7 we have lived together the majority of those years and everything we have was in his name he had a heart attack and passed away and now unfortunately my fiancés half sister wants to fight over property and... View More

Aaron Epling
Aaron Epling
answered on Apr 15, 2024

All his assets go to his child. You better find a way to get an attorney. His stepsister isn't entitled to anything here.

1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: Completing a small business affidavit. What are the chances of it working?

Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:

1....
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1 Answer | Asked in Probate for Tennessee on
Q: I am an heir to property in Knoxville,Tennessee, along with 5 other heirs. How do we get our names on the property/deed?

Some of the property and the house is going to be taken by the city to widen the road. How do we make sure we are compensated for the land and house when the city takes it?

One of the heirs doesn’t want any property, does she relinquish her share prior to us getting the title, or does... View More

Nina Whitehurst
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answered on Apr 13, 2024

The title can be updated using a simple affidavit that is recorded in the land records, but the title will not be marketable until at least one year has elapsed since date of death or the other assets of the decedent

have been probated and the estate was solvent.

If one of the heirs...
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1 Answer | Asked in Probate for California on
Q: How do I recover surplus assets from sale of property in Lodi California. I'm in Reno Nevada and have no income

My father passed away October 26, 2022. He didn't have a will the house located at 1208 South sunset drive in Lodi California was auctioned off to pay back taxes and reverse mortgage and I have no money to afford attorney fees and reside in Reno NV. My sister has had an attorney for a while... View More

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry for your loss and the difficult situation you're in. Here are some steps you can take to try to recover your share of the surplus assets from the sale of the property in Lodi, California:

1. Contact the county where the property was sold (San Joaquin County) and request...
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