Get free answers to your Probate legal questions from lawyers in your area.
Who has the say so over the funeral arrangements etc?
A older person with very little SS income has a home with a mortgage and possibly no equity if sold. She gets married and moves in with spouse. She gets brain cancer and ends up in a nursing home for rehab. Spouse pays 30 days stay to try and get her medicaid eligible in meantime. Lawyer says gotta... View More 
answered on May 3, 2023
If the home is not in her name, it can possibly be transferred since there is no equity in it. If the hone is in her name, if you can show Medicaid there is no equity, they might possibly start paying. If not, the house will likely have to be sold and the renters will have to buy it at sale.
My mother recently passed while still owing on her property in Madison County, KY. The State of KY was her guardian prior to death and she died with no will. I'm her only living relative and I went to probate court and was granted Petition/Order to Dispense With Administration, and am now... View More
answered on Apr 17, 2023
You will have to open probate to be able to make any transfers of the real property or the vehicles. A disprr we NDR eith administration will not get that done for you.
What's next on getting the deed changed as well as the title to vehicles changed over. Do I have control and rights to get this done now.
answered on Apr 17, 2023
No. The dispense wil not get the deed changed or the car titles changed. You will have to get yourself appointed administrator to be able to execute those documents.
Esp if some children have passed and the remaining do not agree? What needs to happen to transfer the deed out of the parents name?
answered on Mar 15, 2023
You will have to open or reopen probate and get appointed as executrix or administrator of their estates so you can execute a new deed.
The car is paid for, & she was the sole owner with no spouse or children or will.
answered on Feb 26, 2023
You will have to file the full probate as a dispense with administration is not available to a niece. Sorry for the bad news.
Them after I get their due to being afraid they are just gonna lock me up instead of agreeing with going to rehab and allowing me.
answered on Feb 14, 2023
You need to work with your officer. If you go off the grid they can arrest you. Probation and parole is in charge with supervising you and you have to abide by their rules and their timetable.
answered on Jan 24, 2023
You are not an executor or executrix unless snd until appointed by the court. Whether it’s worth filing for probate depends on the assets and property of the estate. Consular an estate planning or probate lawyer to determine whether you should or must open probate.
I have been doing research n have found that I don’t think it was ever properly done. The probate in either dads or mamaws estate. Monday will be 10 years since my dads death & I have never seen any types of docs or proof of anything. It looks like by the courthouse docs that everything is... View More
answered on Jan 16, 2023
You need a local attorney who has access to all the necessary information.
There are 4 siblings, sister executor, my sister and I are the only ones who worked to update house, in hopes of fast sell. Sister promised me 1/2 of executor payment for doing the updates. Now I found there is no mention of executor getting extra, in the will. How can I make sure I get paid for... View More
answered on Jan 16, 2023
File a proof of claim in the probate case with receipts and itemizations for all the work you did and all the materials you bought.
distributed to heirs?? Will the court come after the administrator??
answered on Jan 16, 2023
Yes. They could sanction the administrator, remove the administrator or make the administrator pay the cost of finalizing the estate because the estate must be properly closed..
My dad is a veteran who lived in KY with my adult brother and his autistic son. His house is in his name. He has almost no assets ( 14 year old car and paid off double wide trailer). He has a will and left trailer to myself and brother with contingency that my brother can continue living there.... View More
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answered on Jan 3, 2023
Probate is probably a bad option with little assets and debt out there. You can check the Courts in the Father's County to see if there are any money judgements out there against him which might also be a lien. Consult a KY attorney for advice about the trailer title. Remember someone has... View More
Home that's been in my family for over 30 years and I signed a waiver for probate hearing to appoint my brother as administrator of estate cause my mom dies without a will but my brother and my mom both was homeowners on the land house deed anyways my brother told me I could live here till I... View More
answered on Jan 1, 2023
Yes. Your brother can sell it and the new owner can have you removed. With no will, mothers estate will be divided among her children so you will have to either buy out their shares or sell your share and receive the money.
My question is what steps do I need to do to receive my check now? I am an heir and not the executor. Is there a time limit for me to get it? And if I ask now for it and don’t receive it, then what is my next step to get it? Thank you
answered on Dec 8, 2022
You should receive your check two to four weeks after final approval of the order.
Do heirs have to sign anything before they receive their inheritance check? I have no idea what to expect. Thank you
answered on Dec 8, 2022
Wait for the disbursement of your share which should occur within 14-30 days after finality.
Weeks before I might receive it. The final settlement has already been signed by the judge. So all is left is distribution of funds. I want my check now so why would I have to keep waiting? I’m ready to get this over with It has been 8 long months since all this started. What reasons would there... View More
answered on Dec 8, 2022
It usually takes 14-30 days after the order is final before disbursement. Quite a bit more is involved than the dimple writing of the check.
What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?
answered on Nov 21, 2022
You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.
I went and filed it anyway on my own. After I filed the next day I fired my lawyer. Is there any repercussions against me for doing this? And the judge has not signed off on the order to release my attorney and it has been two weeks since I filed this and fired my attorney. I have a court date this... View More
answered on Nov 16, 2022
No. Just go to the hearing and tell the judge your questions or concerns and get a response. No repercussions.
If is not been filed formal what steps do I need to get this filed formal? And if it is formal and there is information not on the final settlement what steps do I need to take to make sure everything is listed? Thank you
answered on Nov 13, 2022
The district court probate clerk. Unless everyone signed a waiver of settlement, it must be file formally.
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