Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
How do I go through probate in Florida and do I need a lawyer there
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answered on Nov 28, 2024
Post this in FL as you will need an attorney there to advise how to convey in FL. Hopefully only IN intestate succession law applies., which can be cited in the derivation of title clause in your deed out.
Mother's landlord sent deposit for rental home my mother was leasing back to me directly and not in the estate of, I am her only heir. We have not filled probate or a summary administration as my mother's credit card bills are higher than what is in her bank account and I would be out the... View More 
answered on Nov 27, 2024
As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.
My father passed away several years ago and left some money in his bank account which I never claimed. I understand the rest of the forms for the Summary Release from Administration, but this one leaves me baffled. It's like it's supposed to refer to some other documents. If you have any... View More
answered on Nov 26, 2024
You are not permitted to disclose confidential information, like full account numbers, on the probate forms. So the courts provide that form to allow you to show full account numbers and match them to the truncated ones you put on the forms; that form will not be scanned and posted on the... View More
answered on Nov 26, 2024
Yes, although you may have a claim for the improvements you e made to the property.
The will was filed on 9/20/24. Original paperwork filed on 9/27. Clerk did not catch an error on original filing of paperwork. I had to refile on 10/17.
answered on Nov 25, 2024
Processing times can vary, but it usually takes a few weeks to receive the letters of administration. This will be measured from the date the updated filing was delivered to the court, October 17, 2024. Contact the clerk's office to request an update and to confirm that your updated filing was... View More
He didn’t notify the beneficiaries of trust, myself and my brother, of such change to trust. We feel its breach of his fiduciary duties and self serving.
answered on Nov 23, 2024
If your father is alive and still capable of handling his affairs, and the trust is still revocable, then he can make any changes he wishes. If you have reason to believe he was subjected to undue influence, speak with an attorney to see if the situation can be remedied. Be prepared to provide... View More
The deceased died 2016 & his brother appointed himself to be in charge claiming there was no will. That brother did nothing for but empty the deceaseds bank accounts & sell some property. When the brother who appointed himself on charge died in July 2023 (w/o starting probate) their... View More
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answered on Nov 21, 2024
In California probate cases, when a valid will is discovered after probate has begun, the court can and often does consider the newly found will - even years after death. The timing of discovery isn't as important as proving the will's authenticity and validity.
Your situation has... View More
I believe I need to motion for a JOINDER OF PARTIES this matter is regarding my fathers Trust where I am now Trustee but the previous Trustee has committed multiple breeches and has yet to be held accountable. How do I make sure he is included in this trial so that his actions are not lost?
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answered on Nov 21, 2024
You will need a NM attorney that handles trust litigation. The complaint/petition, whatever will need to be amended by adding a defendant and a cause of action for breach of fiduciary duty, etc. It will be alot of work and you will not be able to do this pro se as the successor trustee.
The will states that majority of the executors rules. The grandchildren are not mentioned in the will. They will get their dad’s share.
I have no sisters and my only brother died recently. He had no children and was never married. He lived at my moms house which is still in her name. She passed away a few years ago and my father passed long ago. There was no will. I need to get her property transfered to me. Its all bought and paid... View More
answered on Nov 20, 2024
Depending on how long ago your mother died, you may be able to file an affidavit that shows you as the only heir which would allow you to manage the property and sell it. If that is not an option, you can file for no administration necessary with the probate court since you are the only heir. Once... View More
Grandchildren have to sign the deed in order for it to be legal if the remaining executors sell the property?
answered on Nov 20, 2024
Depends on whether the will provides for alternate or back up executors and/or executrixes.
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answered on Nov 20, 2024
If no will, no executor. You are not going to administer an estate 30 years after a decedent's death. Whatever you are doing probably needs an IL attorney to search titles and determine heirship.
Hi,
I have a family member who's scared of being left without a home if her older husband passes away. She asked him about being included in the title, but the husband got strangely defensive about it and wanted to only keep his name on the title.
Where does that leave her?... View More
answered on Nov 20, 2024
This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.
Here are a few issues that can come up:
Prenuptial Agreement: This is one way... View More
I'm just learning now that I'm a conservatee to a conservatorship that began in 2018 (my dad oversees it). I wasn't required to consent then or to be informed until 2024*. I'd like the court to review my case and update my rights. No one's ever mentioned a conservatorship... View More
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answered on Nov 19, 2024
Here are key steps you can take to review your conservatorship rights:
Start by contacting the probate court in the county where your conservatorship was established - in this case, Los Angeles County Superior Court. You have the right to request copies of all documents related to your... View More
The warrant is for failure to file an accounting form. I did try to reach out to the court about help with filing the form and no return response. Nonetheless it didn't get filed. So now I have a bench warrant with an $11,000 bond no 10%. I need to get it cleared up. I tried to contact the... View More
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answered on Nov 19, 2024
Hire a competent MI attorney to draft your final accounting. File it and serve it on all interested parties. Then your lawyer takes you to Probate Court and asks to to set aside the capias since you have finally filed the required accounting. You may need to put your own money in the... View More
I know of a trust fund in my name and would like to find out details as I don’t know anything about it other than the fact that it exists.
answered on Nov 25, 2024
Generally, there is no right to get a copy of anyone else's planning documents while the planner is still living. So if the relative who created this Trust is still living (and assuming it is a typical trust), usually it is entirely up to that person to decide what, if anything (or nothing)... View More
Is a power of attorney legal if it has marked thru incorrect and corrected addresses?
answered on Nov 21, 2024
To invalidate a power of attorney, you must have both facts and law on your side. Every lawyer has had a client walk in who noticed a misspelled name, incorrect address, misidentified party, incomplete description, or typo. Correcting incorrect addresses does not necessarily invalidate a signed... View More
10 years ago my dad transferred his home to me and he became the life estate. He passed away later that year. So the deed is in my name but the mortgage remained in his name and I continued to pay the mortgage. I advised the mortgage company of my parents deaths. I had to sign paperwork so I would... View More
answered on Nov 19, 2024
You might be able to use a small estate affidavit to claim the funds. This process is simpler than full probate and could allow you to deposit the check.
Most of it is going to the church and they do not want to negotiate with the heirs.
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answered on Nov 18, 2024
Trust challenges based on mental capacity can be complex, particularly for documents signed during Covid quarantine periods. The key factors will depend on the person's mental state at the time of signing, not just their physical location or circumstances.
To successfully challenge the... View More
Can the judge or court be sued for there actions ..has judged the trustee by the lies from the PR can prove the lies the pr told judge
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answered on Nov 19, 2024
Judge has immunity from suit. But you may need to file an appeal from whatever orders were entered. It will be expensive and difficult. Hopefully you have standing as a beneficiary, etc.
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