Get free answers to your Probate legal questions from lawyers in your area.
Mom has just two daughters. Legally separated. Sister is trying to go to court to fight for the account.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2022
This may depend on how the bank account was set up. If it was a joint bank account with right of survivorship, you may be entitled to the funds. However, there may also be other factors that determine who would inherit this money. It is best to consult a probate attorney who can explain the... View More 
I am not able to care for her, and she is needing care daily whether it have to be 24/7 or just a person during the day. She has nothing, no home, and did receive SSI until she mentally couldn't remember to do her reviews, paperwork etc they won't allow me to speak for her. She need... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2022
In order to make decisions for your mother, you will need to be appointed as her guardian, unless she has an existing power of attorney naming you as her attorney in fact. If she previously executed a power of attorney, you should have this reviewed to see what decisions you are able to make on her... View More
Married 17 years in state of washington he passed April 8, 2021. Probate still not closed being handled by his daughters.
answered on Jan 28, 2022
Portland Spouse: Under WA law, you, the surviving spouse would inherit 1/2 of the estate regardless of what the Will says. The deceased spouse only has the right to Will 50% of his estate. You get the other half without question. If there are children as your case, they would inherit the other... View More
I purchased a property in Tokeland saying that it had a private Well to supply water my water. 3 1/2 years after the sale it has been determined that my water actually comes from an Artesian Well on someone else's property, ( not disclosed in the real estate documents ). The owner of this... View More
answered on Jan 25, 2022
Hi, Aberdeen resident. This is a tricky situation because it deals with who has authority and who has not. First, your access to the water may need some thought so that you can continue water access. There is a good chance you can continue with an agreement with the deceased's estate.... View More
The roommate doesn't have a lease or anything in writing. We're concerned she may not leave because she doesn't have the means but we need to be able to access the house to prepare it for sale. We need to know what our rights are as the estate administrators.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 28, 2021
It is your duty as an Estate Fiduciary to file the eviction action for possession of the Beneficiaries' real property. Hire a competent WA attorney to file suit.
answered on Aug 3, 2021
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that... View More
The Casino told me I need to have a Power of Attorney but I was told by someone else that Power of Attorney's are only for the living. Will an Affidavit of a Small Estate work? If so, does it need to be filed with the court or just signed in front of a Notary? She, my mother, passed suddenly... View More
answered on Jun 3, 2021
If you opened probate and had "Letters Testamentary" the casino would likely honor that, but that is a hassle if there's no need to open probate. You may be able to obtain a "Wage and Income Transcript" from the IRS, which shows reported W2s, but it will take some time for... View More
I have been paying all his bills & will pay for the funeral but want to be reimbursed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2021
Both you and the only heir need to hire a probate attorney. You need to hire a probate attorney to assert your claim for reimbursement. The only heir will want to hire a probate attorney to ensure the proper administration of the estate and his or her inheritance. The nearest kin will also want... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2020
It depends on the terms of the will. Some allow this and some don’t. If the will was prepared by an attorney, it might.
Both of my parents had Wills listing each other the primary beneficiary and me as the second. When my mother passed away in 2018, we did not take any action. Joint accounts and property were not modified or updated. Now my dad passed away in 2020 and I have to file for Probate.
I assume the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2020
It is not possible to answer your question without a thorough understanding of everything that was in your father's name (alone or with others) when he died. Even if everything that could be held in joint tenancy with right of survivorship (JTWROS) was held in JTWROS, there are steps that... View More
My dad passed away. I'm executor of the estate. My dad has us splitting everything (property & posessions) in roughly equal shares. However, my brother share is to go into a trust due to concerns of drug/alcohol issues. My dad appointed me to oversee trust for my brother as well. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2020
Yes, if what you say is true, that the death beneficiaries of the IRA are you and your brother and not you and your brother’s trust, then he will receive his share outright and free of trust. But neither of you have to accept your shares all in one lump sum. You can roll your shares over to your... View More
The house is not paid off yet, he wants to put me on the deed and we were told to do a living trust. Will this stop me from having to go into probate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020
Yes, a living trust would avoid probate and might be an excellent choice for your dad's situation. However, there are other techniques that might be better if, for example, you want to protect the home from being sold after death to reimburse Medicaid for long term care expenses paid on your... View More
He lived with me from mid 2008 until Nov. 2018. Left evthing to my half sister..helppp
answered on Apr 15, 2020
The legal standard for proving a person was incapable of making a will is a difficult one that must be proven by clear and convincing evidence. If you succeed in establishing that your father lacked sufficient capacity to make a will, then his prior will, if he had one, will control the... View More
Their dad passed away a few months ago, and no surviving spouse. No will. Son was his caregiver (He was not on LTC Medicaid)
They are both very low income and cannot afford a lawyer. The home is worth $350,000. The lawyer that was appointed to I guess handle probate/intestacy law, she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2020
I cannot comment on these particular circumstances, but here is some general information. If an individual dies without a will and no surviving spouse, then next in line to inherit would be the children in equal shares. Also, when the borrower under a reverse mortgage dies, the loan becomes due... View More
Will was wrote 10 years ago when my son was underage . His father and stepmother had started divorce proceedings . Can will be challenged ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2020
Yes, in most states a child born after a will was made can challenge the will and claim the share of the estate he would have received had his parent died without a will. Also there are often family allowances in addition to that. You should contact a probate attorney near where the child's... View More
And then tell my little sister to burn my dad's will! And I don't know if the estate is in probate or not because my mother would not let me see my father's will
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2019
I think you know in your heart that what your mother and sister did, if true, is illegal. You can hire a probate attorney to help you rectify the situation but be prepared for the problem of proof. You will need evidence to prove your claims.
Ca case involving a very old, wealthy established family. I have been disincluded, knowing, by one of the co-executor heirs. They included my sister as sole heir. It was done before father passed and without legal authority with fraudulent, forged documents which I do posses. I am well prepared... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2019
Do you have a question?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 13, 2019
You should hire a probate attorney to help you petition the probate court to appoint you as executor.
Property comes in to the estate. Who gets it. My Fads stepson got all of the estate we got zero. We didn't even get notice. Stepson raised to be a lawyer too, go figure. What to do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2019
It sounds like your dad’s will left everything to his stepson. If you do not think that is the case or if you have other concerns you should make an appointment with a local probate attorney.
Her sister is the personal representative and has always found a way to cheat her dad out of money. She is a gambling addict and an alcoholic and we know that she is draining the many different bank accounts and can prove it.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2019
Probate proceedings are all open to the public. You can look at the file. You can attend hearings. Nobody has the right to exclude you.
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.
