Ask a Question

Get free answers to your Probate legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Probate Questions & Answers
0 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: I am the PR of my late father, and a beneficiary, can I reside in his house? A trust/trustee is trying to kick me out

I was POA, now a PR, and beneficiary of late father’s estate and real property. There is a trust, and trustee, but everything is in the courts (probate) at the moment. I had a lawyer but could not afford to continue counsel. So the trustee has a lawyer and is basically trying to bully me out of... View More

0 Answers | Asked in Insurance Bad Faith and Probate for New Jersey on
Q: Can a beneficiary claim funds on a decedent account if he/she does not know the account number.

My brother recently passed away and I am the designated beneficiary on his IRA account. I can provide the certificate of death along with proper identification (notarized) but the bank is requiring that I provide them with the account number, which I do not have, before they can proceed. I was... View More

1 Answer | Asked in Estate Planning and Probate for Washington on
Q: In WA does a legal heir have a right to a full accounting from the executor of where the estate's money is going?

I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More

Janta Steele
Janta Steele
answered on May 1, 2024

Good afternoon,

Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:

a) you are a beneficiary with an interest in the estate;

b)...
View More

0 Answers | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or fike wrongful death. My father was not her 1st victim

0 Answers | Asked in Probate for New Mexico on
Q: Ii need attorney NM that can help with a dishonest executer co trutee of my fathers estate. His mom put him executer

His mother created the trust and then died 2 days later. That was 23 years ago. I met him 3x he had a family befire my dad married his mom.& Out of state. Hes been stealing from trust. No probate or inventory done wont give accounting

0 Answers | Asked in Probate for New Mexico on
Q: How to remove the executer who made himself co trustee. I know my father would have been harassed and pressured to chang

Change the trust his wife created. Because he loathes documents/applications. He is dyslexic snd van not correctly understand the wording. He does not write except simply repetitive like Happy Birthday. He even misspelled his middle name for funeral parlor almost went on death cert

1 Answer | Asked in Probate and Estate Planning for California on
Q: The co trustee is stealing from the trust in New Mexico. Im having trouble getting bank statmnt/proof because law NM

New Mexico only the personal representaive can get bank stmnt

and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:

1. Hire an experienced estate attorney: Given the complexity of your case, involving...
View More

0 Answers | Asked in Estate Planning, Probate and Real Estate Law for Puerto Rico on
Q: What are Ist step to file with the probate court for an estate.

Person died in Puerto Rico 2022, property in Puerto Rico. Will written 1987 in NY not registered in puerto rico. What is the 1st document to be file, I'm told its call a complaint affidavit. This don't sound right. Could someone confirm

0 Answers | Asked in Probate for Puerto Rico on
Q: First document that needs to be file with the Probate Court in Puerto Rico

I'm working with an attorney who is providing me with a different direction from what understand. What is the first document to be file if the Will was created in a US state not Puerto Rico and the person died in Puerto Rico 2022. Will was not registered in Puerto Rico, does not meet the... View More

0 Answers | Asked in Probate for South Carolina on
Q: Who becomes the new personal representative?

My Grandmother left one of her children a life interest in her property with directions that the personal representatives survey and distribute a portion of that property to a beneficiary at time of said child’s death. Child recently passed away, but Both personal representatives are also... View More

1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

1 Answer | Asked in Probate on
Q: Is share divident included in shares willed to the beneficiaries
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

Dividends are income generated by the stocks. That income is personal property that may be part of a bequest or the residuary estate. It does not go with the stocks unless the stocks go through the residuary estate, or there is a specific bequest in a Will. If no Will, then the next of kin... View More

1 Answer | Asked in Estate Planning and Probate for California on
Q: Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates

Is there a time limit?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.

According to California Probate Code Section 16460, if you were not properly notified of the administration of your...
View More

1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Can I be legally evicted out of my parents home by a company that’s trying to buy the property? My parents are deceased.

My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator

Alisha Melvin
Alisha Melvin
answered on Apr 29, 2024

The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More

1 Answer | Asked in Estate Planning, Probate, Gov & Administrative Law and Military Law for Michigan on
Q: I have a probate problem and more than 1 question, is there someone I can speak to?

My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:

1. Military records: To obtain your...
View More

1 Answer | Asked in Probate for Arkansas on
Q: How do I contest a heirship affidavit in Arkansas. There is no will. All the deceased brothers are deceased.

I am the daughter of one of the brothers, the niece of deceased. The filers where not adopted as far as I know and two are step great nieces and nephews.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024

If no Probate, then you will need an AR attorney to file a Declaratory Judgment Action.

1 Answer | Asked in Estate Planning and Probate for California on
Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024

Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:

1. Statute of limitations: In California, the statute of limitations...
View More

1 Answer | Asked in Banking, Estate Planning and Probate for Connecticut on
Q: Hi, I have a question about joint bank account after a parent passes away.

My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More

Nicholas Arthur Matlach
PREMIUM
Nicholas Arthur Matlach pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024

Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:

- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed...
View More

0 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: This is a matter about changing a Will in Massachusetts. My father passed in March 2020...continued below...

His wife and myself are the lone beneficiaries. The Will left me and his wife mid-six figure monies EACH. Each year my father's estate attorney disburses $40,000 for 15 years. In the Will, the person who dies first, the survivor recieves their remaining monies My father's wife died last... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.