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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
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
answered on Mar 27, 2022
The answer to your question is yes and no. Yes, either of your sisters could GO TO COURT and force A SALE of the property. So, no, neither of them can force you to sell without obtaining a court order. But, yes, they could obtain a court order and force a sale of the property. So, knowing that,... View More
answered on Nov 1, 2021
If the will was signed with a self-proving affidavit, no witness is required. If not, one witness needs to testify in court that the decedent signed the will freely and voluntarily, appeared to have capacity to sign the will and no one coerced the decedent to sign the will.
The deceased partner has only one relative, a brother who lives in Florida. The deceased does not have any living relatives in the state where both partners resided the entire eight years of their relationship. Would the surviving partner have to go to Florida to start court action to become the... View More
answered on Sep 3, 2015
Go see a local probate attorney to get answers to your questions after a full discussion of the issues.
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