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Your current state is Ohio
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 
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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
answered on Dec 4, 2024
Can you please give me a little more context? Are you talking about publishing notice to creditors or notice to heirs that you don't know their address?
answered on Dec 4, 2024
Sometimes a judge will "bench file" a motion by noting the date and signing it. All that means is that the motion has been filed with the court--not that the judge is granting or denying the motion.
1 sibling passed away leaving 3 children. Is the estate then split (2 siblings = 66%) and (3 children sharing the remaining 33%)? There is no will.
answered on Dec 4, 2024
Your question is not clear; I see two possibilities.
1) Parent (P) dies without a will, no spouse surviving. P had three children (A, B & C) ; one of the three children (C) died leaving three children of their own (M, N & O). A & B each get 1/3 of the estate; M, N & O get... View More
My husband had annuities and insurance for his adult children, and I am not sure if I am interpreting the law correctly for Alabama when it says that a spouse in Alabama cannot be left out. My husband had a will but I was not included in it. So when the law says it is impossible for the spouse to... View More
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answered on Dec 10, 2024
Hello, you are referring to the Alabama Elective Share Statute, Ala. Code § 43-8-70, et seq. When calculating the elective share, the value of the surviving spouse's separate estate is considered. This includes all property and assets that the surviving spouse owns independently of the... View More
I can go into foreclosure any day and I told the mortgage company I was filing for probate. I cant afford an attorney and need to prove I am following through. Is there anything I can file on my own to start probate and if so what are the names of the documents?
answered on Dec 4, 2024
There is not enough information to formulate an answer.
Probate is the legal process for transferring assets from a deceased person to that person's heirs. If the deceased person died with a valid Will naming a qualified living independent executor, the process is relatively simple... View More
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answered on Dec 3, 2024
File a petition to have her removed as executor on account of malfeasance.
My mother had a bank account in North Carolina. She was a french resident and french citizen. This account is the only asset she had in North Carolina and was not connected to the conduct of a US trade or business. My mother died intestate. I sent the bank a french deed of notoriety ( equivalent of... View More
majority rules. Two Of the siblings die, do their children have to sign the deed for it to be sold. The grandchildren are not mentioned in the will. My dad died in 2009 . We went through probate court but we have this one property that hasn’t been sold.
answered on Dec 9, 2024
The grandchildren do not have to sign the deed. Their share is protected by the will but only the executors need sign the deed for sale of the property.
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answered on Dec 3, 2024
If you have inherited those policies such that you are now the owners, and if they have cash value, you probably can cash them out for their cash values. But cash values are sometimes far less than the death benefit so that might not be the smartest move from a financial planning point of view,... View More
My deceased father was frauded and coerced into changing his will and taking my sister and I out of it completely, by a guy that popped up in my dad's life at the end, when he was incredibly sick and going through chemotherapy. My family, my sister, his neighbors nor I have even ever heard of... View More
answered on Dec 3, 2024
You mention that your father was defrauded into changing his Will. If someone attempts to probate the Will, you are entitled to contest it in the Probate Court. Based upon what you've stated, it seems that you have a good case to contest the fraudulent will.
It also sounds as though... View More
A long-inacting executor (5+yrs) filed a notice to creditors (without filing Inventory & Appraisal first) a week prior to removal hearing. IF the executor is removed afterwards, the successor executor need to file another notice to creditor? Also, why wouldn't the court suspend the... View More
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answered on Dec 2, 2024
If the current executor is removed after filing the notice to creditors without completing the Inventory and Appraisal, the successor executor typically does not need to file a new notice to creditors. The initial notice serves to inform all potential creditors, and the successor can continue the... View More
My mom passed with no will, my siblings and I filed the petition for articles of administration, the court is telling us we have to add her husband even though my mom purchased her house and land 15 years before even meeting him. He is nowhere on the deed or title.
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answered on Dec 2, 2024
Surviving Spouse will be an heir and may have other rights in the Decedent Spouse's estate. Hire a GA attorney to handle this as you all are not equipped to handle a probate.
It would be from either Colorado, Ohio, California, Idaho or oregon
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answered on Dec 1, 2024
To find out if you're named in someone's will, you'll need to start by checking probate court records in the counties where the deceased person lived. This process is free and can often be done online through each state's court website or in person at the courthouse.... View More
Death occurred in Phoenix, estate is in Glendale, AZ. Deceased did not have an end of life plan established and no legal will or transfer at death deed was created. One sibling was POA when he was alive and no Executor has been identified and no inventory of assets has been done.
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answered on Dec 2, 2024
Any of the heirs can file for an intestate administration. But are there assets that need probate? Consult with an AZ attorney for direction. Many assets do not go through an estate. Any transaction with the attorney in fact should be scrutinized for violation of a fiduciary duty and/or... View More
He got temporarily remarried in late 2012?. Said he wanted me to have one fourth of the sell of his cabin and he was letting my half sisters be over the sell. The girls sold it in 2013 for 168k and they never gave me a penny. He's still alive and recently been put into hospice care in FL.... View More
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answered on Dec 2, 2024
I know of no cause of action that has a long enough statute of limitations for suits against any of them. If you are an heir to any real property then you can sue for partition. Search titles to see if anything still in the family. Sometimes conveyances are made which forgets about some of... View More
Yes and if the other parent passed also but there is money involved and a child has been taken care of the parent and has leagal papers but everything is frozen what do I need to do
answered on Nov 29, 2024
If you are a child or heir of the parent that most recently died you would need to hire an attorney to file application to determine heirs ( if died without a will) Most Texas courts take the approach that you must use an attorney. Since you mentioned accounts frozen the order issued at this... View More
The deed states belonging to grantee, his heirs, and assigns forever. Can a girlfriend override and take the family farm from us daughters?
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answered on Nov 30, 2024
If Dad was the grantee, then he owned it and his heirs take at his death. Hire a KY attorney to search the title and determine heirship. GF is not an heir and cannot claim a homestead. Heirs as tenants in common should sue her for possession.
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answered on Nov 29, 2024
Testator can only devise property in his Will that he owns at death. Executed Deed takes effect against all when recorded. Apparently Testator did not own property at death.
Indiana. It’s still in her name. I want to sell it. What should I do?
answered on Nov 29, 2024
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. Some version of Florida Probate is going to be required if the property remains in your mom's name, if a probate was done in Indiana then a secondary Ancillary Probate will likely... View More
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