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0 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Hi, my brother (executor) is planning on selling the property and demolishing the home which I lived in for over 45 yrs

How can I get more time? Mt sister and I don't believe our brother is being fair. I am severely depressed and can't manage my everyday life duties because of it.

1 Answer | Asked in Probate for Texas on
Q: Can probate do this to me?

Probate cash approved me for $30,000 with payments of $1,500 monthly. They haven't honored their part..They only deposited $5000.00 the first month and nothing since.. They're saying they won't release the remainder of my loan until I win my case. And that wasn't the agreement.

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

"Probate Cash" is a trade name for a Florida lending institution that makes what it calls "Inheritance loans" to heirs when estates are tied up in the probate process.

You should first thoroughly read, and make sure you understand, your lending documents.

If...
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1 Answer | Asked in Probate for California on
Q: Does an Amended Petition replace/supersede an original Petition?

I filed a petition, pro per. Before it was considered, I mistakenly filed an Amended Petition with new information not detailed in the first petition. The court dismissed the Amended Petition with prejudice. Can I revert to the first filed petition?

James L. Arrasmith
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answered on Dec 22, 2024

In California civil procedure, an Amended Petition generally supersedes and replaces the original petition entirely. When you file an amended pleading, it completely takes the place of the original filing, and the original petition becomes legally void.

Since your Amended Petition was...
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2 Answers | Asked in Estate Planning and Probate for Pennsylvania on
Q: I inherited a 403b, do I have to pay the inheritance tax back to the estate?

The 403b is a traditional 403b that my aunt left me as the sole beneficiary. I plan on taking drawdowns over the 10 year time frame. I understand I will have to pay income tax each year, but am I required to reimburse the estate the 15% inheritance tax? It is considered a non-probate asset.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 22, 2024

You seem to be a well-informed person.

You give short shrift to underlying, probably important, facts, however.

For instance, does the aunt's Will pass the 403b interest to you?

Such obligations are usually contractual, between the decedent and the purchaser (aunt?),...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My dad died a while ago. I saw his will and I to realized that's not his signature on it. It's forged, what do I do
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 22, 2024

The will should have the signatures of witnesses and of a notary public. You can ask those people what they recall. The notary may have a journal in which the details of the notarization might be recorded. If you want to dispute the will in court, your attorney may well want to take depositions... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: I pay mortgage in my deceased parents home for years. Can my sister kick me out if she says she's the executor? No will

She says there's no will & she tells me to be out so she can sell it. I'm located in Hemet CA

.

James Clifton
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James Clifton
answered on Dec 23, 2024

If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and... View More

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0 Answers | Asked in Probate for Illinois on
Q: I'd like to get help for a friend in Ghana. Her husband died in IL. How can I help her make a claim on his estate?

I have first hand knowledge and pictures of xx time living with xx. I also have copies of all her documents, including marriage license, if that would help her case. They were married in a civil ceremony in Morris, IL (Grundy County) on 10-17-2014, license number 32034. He sent her back to Accra,... View More

0 Answers | Asked in Probate for Florida on
Q: PR for 3 yrs, close to finish with homestead ordered by judge. Heir stopped electric service started new acct. Legal?

Property sale is not executed yet. Is this legal? Duke Energy had no concurrence from widow who holds life estate. Curious how that is allowed to happen? Opens the door for anyone to hijack your electric service, establish new account and shut off. Looks like perfect way for squatters to take... View More

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: If my step dad died and I have been living In and paying taxes on his home and property, how do I get ownership?
Kenneth V Zichi
Kenneth V Zichi
answered on Dec 21, 2024

I’m sorry to hear of your loss. But the answer is unclear without more details.

Was step father the sole owner of the property?

Was there a will or trust or ‘ladybird deed’?

Are there other heirs?

Paying the mortgage and/or taxes doesn’t impact things much...
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1 Answer | Asked in Family Law and Probate for Ohio on
Q: Mom’s estranged husband passed. Need info about will and off he married someone else

Mom and her husband have been estranged for over 20 years. She just found out he passed a few months ago. Obit mentioned another spouse? Just looking for a direction to go in.

Nicholas P. Weiss
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answered on Dec 20, 2024

If she did not divorce him then the subsequent marriage is void. Even if there is a new will, she can elect to take against the will and may be entitled to a portion of her spouse's estate.

0 Answers | Asked in Estate Planning and Probate for Illinois on
Q: Can the trust of a deceased person receive beneficiary money? Doesn’t a beneficiary need to be alive?

My Sister died 3 years ago without a will, never married, no children. Her estate was never settled. Next of kin was my mother, she died 6 months ago with a will in trust. Since I am now next of kin to my sister I have become the executor to settle her estate. Is my mother’s estate entitled to a... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What would be the process to correct a deed after a person has passed?

My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 19, 2024

Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More

2 Answers | Asked in Probate for Texas on
Q: When is probating a will complete so I can close out the checking account
Anthony M. Avery
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answered on Dec 19, 2024

When the Estate is ordered closed.

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2 Answers | Asked in Family Law and Probate for Utah on
Q: Mom died, no will, I am the beneficiary her bank account. A cashiers check for over $100K, she is both payee and payor.

My mom made herself as the payable person on the check. No hard assets other than paid for car, rented low income apartment. This is why the cashiers check to keep the funds private. I have the death certificate. No other heirs, ex husband divorced over 10 years ago, no other debts other than, if... View More

Wesley Winsor
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Wesley Winsor
answered on Dec 19, 2024

The cashier's check your mother wrote to herself is considered part of her estate since she is both the payee and the payor. Under Utah law, when a decedent owns more than $100,000 in assets, the estate must go through probate in order to gain access to and distribute the funds. This means a... View More

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for New Mexico on
Q: My father is being financially exploited and is experiencing undue influence from my I brother and son how can I stop it

My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More

Nina Whitehurst
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answered on Dec 19, 2024

You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More

2 Answers | Asked in Probate for New York on
Q: If I was left money and items by a person who passed away unexpectedly am I able to still get those? He never had a will

I have proof the items belong to me.

Damien Matthew Bosco
Damien Matthew Bosco
answered on Dec 19, 2024

Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the... View More

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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

Isaac Shutt
Isaac Shutt
answered on Dec 18, 2024

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More

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2 Answers | Asked in Family Law and Probate for Florida on
Q: How to address a will and trust made by a family member that used her parents to remove her other children?

My siblings and I believe our little sister fraudulently coherence our edlerly parents in changing their will from their original will. My father died in 2021 and my my mom died 2024. Both of them were in their 90’s when the will was changed and both not in good health. My siblings and I do not... View More

Anthony M. Avery
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answered on Dec 18, 2024

Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.

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0 Answers | Asked in Gov & Administrative Law and Probate for Puerto Rico on
Q: What is the process to get cars that are titled and registered to a deceased person and parked in PR, back to the US?

The cars are part of the deceased individual's small estate which is registered in Maryland. However the cars are physically in Puerto Rico (PR) We have a personal representative appointed by the courts who has all the documentation for both cars. Will going to CESCO in Puerto Rico be... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Louisiana on
Q: Wife is living and the husband passed away, they acquired 5 houses together can she sale the houses without a succession

the husband had a previous marriage with one son, whom have passed away. They have 2 children to their union, and 1 child passed away they adopted one son and they have about 10 grandchildren.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 20, 2024

If the property is only in the name of the wife then she can sell the property without a succession. If the deceased ((his estate) is entitled to any portion of the sale proceeds then it would be settled up in a succssion. If the husband's name is on the property then a succession will have... View More

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