Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
This is a CA probate issue. Does the exoneration of the bond cancel the four years unpaid premiums?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024
Under California probate law, the exoneration of a surety bond does not automatically cancel or eliminate the obligation to pay past-due premiums. These premium payments were a contractual obligation that accrued during the time the bond was active and in force.
The personal... View More 
the court closed the estate on Mar 2024. Does the exoneration of the bond cancel the four years unpaid premiums?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024
Under California law, the exoneration of a surety bond does not cancel or eliminate your obligation to pay past-due bond premiums. The exoneration only releases the surety company from future liability on the bond - it does not affect debts that were already incurred while the bond was active.... View More
answered on Dec 20, 2024
When someone dies from an asbestos related disease, who they made the beneficiary of his or her estate will be in the Will if the person had one. But that does not exclusively determine who has a right to sue for the death. The law of the state where the death occurred establishes the right of who... View More
Hello, My mother passed in 2023. I did her taxes in which she does owe a balance (around $3k I believe). There was no estate, no probate process, etc. We found out much later that she had a small 401(k) balance that didn't list a beneficiary-- and they wouldn't let me move forward without... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2024
Hello, I can say that sometimes it is necessary to probate an estate even though it is insolvent, usually when there are creditors. You should hire a probate attorney in the area where your mother lived. The attorney will need to determine whether the asset falls outside of probate or not. I am... View More
I filed the motion, paid the tax, it was not disputed by the tax sale purchaser, but now they say I need to file an order of redemption, for which I cannot find an online example. Appreciate any help possible.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024
Hire an attorney. The redemption order has to be right, and you may need a deed after a title search. Deed must reference Order.
Before her death or have paper filed placing the 20 acres in a grandsons name due to her death. What will I have to do to get it put in my or the grandsons name I was Power of Attorney for her at time of death will I need siblings approval. The grandson and I have paid bills and taxes at her 20... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024
It sounds like you are not the only heir at law. Hire an OK attorney to search title, determine heirship. and then the heirs can come to an agreement about who is to have fee, continue to share ownership as tenants in common, or partition it. POA ended at principal's death.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2024
You need to consult with an LA attorney. Do you have any idea of what your Father owned? Make a list of assets and then start checking.
My dad's will left his possession's to 3 of us. My sister past away 10 years prior to my Dad. My brother recently past . My dad's probate was never completed.
answered on Dec 7, 2024
If your sister passed away before your dad, then her share would go either go to her children or to the other named beneficiaries (depending on what the will states). If your brother died after your dad, then your brother's share would go to your brother's estate (in other words, be... View More
The house in question is in Washington DC. The probate was first filed in North Carolina, since the deceased's primary residence was in NC. The executor is not paying the mortgage even though there are significant cash assets in the estate. Is the estate responsible for paying the mortgage or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2024
The beneficiaries are not liable on the note, but take property subject to the note and mortgage/deed of trust. Beneficiaries should file a motion to remove the executor for cause which is detrimental to the Estate. Will may give him discretion on what bills to pay however. Any beneficiary... View More
Dear Sir/Madam. I need pro bono legal help to address breaches of fiduciary duty in my late mother’s trust. Key issues include failure to lodge the will, improper property transfers, commingling of funds, failure to establish the required Special... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2024
This situation involves serious potential trust violations that warrant immediate legal attention. The issues you've described - including failure to lodge the will, improper transfers, fund commingling, and accounting irregularities - are significant red flags that could indicate breaches of... View More
I have evil sister & her husband who committed fraud by changing my parents deed to their house without their consent ongoing elder abuse threatened my parents lives including myself to kill us. Now she managed to kill my mom then my dad and now I'm in fear of my life.i have reported this... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2024
This situation sounds extremely serious, and you should immediately document everything and seek legal representation - California has strong laws protecting against elder abuse, fraud, and theft of property.
You have multiple legal options available: you can file civil lawsuits for fraud,... View More
The home was purchased in 6/95. The deed states "a single woman, as to an undivided 50% interest with Life Estate to **** and same for a single man as to an undivided 50% interest with Life Estate to ****, tenants in common." There are two beneficiaries of the tenant that died in 1996... View More
answered on Dec 6, 2024
The two heirs of the single woman inherit her 50% of the property. The three heirs of the single man inherit his 50% of the property. Probate will be required for the man and woman for their heirs to take their portions of the property. The previous attorney was probably referring to the tax basis... View More
Died while waiting for their share?
Then the other name sells with quit claim deed, cheating the dead person's heirs by not informing them that they had an inheritance? How do I get my dead mommas inheritance? Daddy never told us, now I have the warrenty deed with mommas name, and the... View More
answered on Dec 6, 2024
It depends on the terms of the divorce decree and the way the deed was written. Whoever was entitled to the property in the divorce decree can sell it under most circumstances. Schedule a free consultation so an attorney can review the divorce decree and the deed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
To prevent a Transfer on Death (TOD) deed from taking effect in California, you'll need to file a revocation form with your county recorder's office.
The process requires you to complete the revocation form, have it notarized, and file it in the same county where the original TOD... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
To prevent a Transfer on Death (TOD) deed from taking effect in California, you'll need to file a revocation form with your county recorder's office.
The process requires you to complete the revocation form, have it notarized, and file it in the same county where the original TOD... View More
[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and... View More
the case is closed but he still holding my money because he has ficticious asets and mishandling of funds happened and i wont sign the release he has drawn up for himself ...i had the administrator rights but he managed to lose them once i hired him. theres alot of money at stake and a lot has been... View More
answered on Dec 6, 2024
You need to have a local competent probate attorney look at your situation snd advise you. It is impossible to determine e what is actually going on from the narrative provided.
Can my brother also sign a document giving me total 100%
answered on Dec 5, 2024
Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More
I'm pro se and two filings have failed for various reasons that I believe are now corrected. I am ready to upload again, but I am not sure if the notice and subpoena are filed as one document, a subpoena with the notice, or as two documents, a subpoena and a notice with the subpoena attached.... View More
If an executor is removed and the probate is partially done, will any attoney take this partially done probate or the probate has to stay with the original attorney that initiated it? If the case has to stay with the original attorney, will there be confidentiality issue? How is the fee... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
Most probate attorneys will consider taking over a partially completed probate case when an executor is removed. The case does not need to stay with the original attorney, and you have the right to choose new legal representation at any point during the probate process.
Regarding... 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.
