Get free answers to your Probate legal questions from lawyers in your area.
I filed my father’s will and was appointed executor by the courts but a few days after I did this someone else has presented a new will. Would they have to contest mine since the court already filed it or would theirs automatically be valid since it was more recent? And would they automatically... View More 
answered on Apr 19, 2024
The Register of Wills will automatically convert the proceedings to Judicial Probate, and schedule a hearing to determine which Will is valid. You will likely be converted from a PR to a Special Administrator, which limits what you can do, pending determination by the court as to which will is the... View More
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
I have completed all paperwork but that is my only hold up to obtain guardianship for my daughter
answered on Sep 10, 2024
You shouldn't need an attorney to get a surety bond. Surety bonds are issued through insurance companies. If you use an insurance agent, check with them. They can lead you in the right direction.
They said they are limited to pay a max 36months/3years of payments instead of all from divorce decree property order the deceased never paid?
answered on Feb 13, 2023
It is difficult for me to understand your question the way you have written it, but if I understand you, it's an interesting question that may need to be resolved by a judge. It sounds like the personal representative is relying on the three year statute of limitations to limit back payments... View More
answered on Nov 3, 2022
You'll need to reopen the estate to correct the other titles or sell the properties. In DC, that won't be very complex since the death was under the post-1995 rules, but having a lawyer would be helpful.
answered on Sep 6, 2021
Query: My mother passed and she left a Will. My sister and I are beneficiaries. Do we need to file large estate probate to sell?
Yes. In the District of Columbia, title passes on death to the estate, so the easiest way to confer title is by opening a. ADM private estate. There is a cute... View More
Lawsuit was brought by a boyfriend claiming common law . The case is in litigation but there is not a court order to stop anything
answered on Mar 16, 2021
Common law spousal rights may give rise to a claim to a share of the estate, but it does not change title to real estate, so the Estate can sell the real estate and collect the sales proceeds into an estate account for eventual distribution to the heirs/legatees. in order to claim a share of the... View More
Most of the estate's value is the equity on the condo (cca 150 000 dollars. The home value is cca 520 000). According to that, my son's 1/3 should be 50 000 dollars. I am currently unemployed, but I have enough assets to keep paying the mortgage for some time until I hopefully find the... View More
answered on Jan 21, 2021
By opening a probate estate, you can transfer or sell anything in your late husband's estate. What I don't understand is how you would be solving your economic problem by re-titling the home to your four-year old son. Once re-titled to him fully, it might be much more difficult to sell it... View More
he put his name on the deed even tho i am pretty sure i an next hier can i get the home back
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answered on Feb 7, 2020
Nobody can “put” himself and herself on a deed without the signature of at least one legal owners. It sounds like it is possible that you and your siblings inherited the house as tenants and common and then one of them either deeded his or her share to his or her child or is simply allowing... View More
My Aunt passed away 4 years ago in Washington D.C. She was not married, nor did she have children. Her Estate has not been probated because she did not have a Will. She does have several bank accounts with a large amount of money. All other family is out of state, and we realize the complications... View More
answered on Feb 3, 2020
No. Some family member or other interested party must petition to open an estate and be appointed Personal Representative, and all other heirs at law notified of the proceedings. The petitioner need not be a DC resident, but could retain local counsel to act as agent and guide them through the... View More
answered on Oct 4, 2019
Being in prison doesn’t disqualify someone from an inheritance unless they killed their benefactor.
He's lived in dc for the last 10+ years and owns a home in DC. His cars are all have VA plates.
answered on Feb 20, 2019
The matter will present some factual issues, but that's all just evidentiary. If he lived in DC, you can do the probate there, and it will be easier and cheaper if it can be filed as an abbreviated unsupervised probate.
Only need to sell stock and apartment reps will doing everything lawyer will only call to say what’s needed to be done to follow law, file paper work with court and write up a letter to beneficiary’s. Well I knew this lawyer was a trying to get ever penny he can, I have not contacted courts... View More
answered on Feb 17, 2019
Lawyers in DC are not permitted to charge a percentage— any percentage— in private unless it is a commission on sale of property. If all that is required is a petition for probate, unsupervised, with proper releases all around, it shouldn’t be more than a few thousand, and you get to review... View More
answered on Aug 28, 2018
At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to... View More
Example: xyz account with 10,000 is transferred to the estate account.
I want to disclaim the xyz account for myself, but the remainder of the estate
should still get distributed according to the intestate rules.
How do I properly formulate this so that it is accepted by the probate court
answered on Feb 28, 2018
It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.
...
answered on Feb 13, 2018
Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need... View More
And if not how much will it cost to get the house in your name?
answered on Jan 18, 2018
No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of... View More
I have asked the personal representative on several occasions for an update on my mother's estate and have received no information. I want to submit my questions to the probate office of Superior Court of DC, is there a form to complete with the questions or can I just submit them in a Word format?
answered on Nov 6, 2017
Your question was linked to the patents/invention section by accident. You may want to remove Patents from the topic list. Best of luck on your probate issue.
Kevin
I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery... View More
answered on Oct 28, 2017
If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it... View More
answered on Aug 28, 2017
The certificate is a form that you prepare. Whether you are eligible to waive bond, and whether you qualify for bond are complex questions depending on whether or not there is a Will, whether the Will waives bond, and/or whether the Interested Persons each signs a proper waiver of bond or you... View More
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