Get free answers to your Probate legal questions from lawyers in your area.
My wife and I had a piece of property in both of our names. If she died without a will, can I immediately deed it to someone or does it have to go through probate. If it didn't go through probate, will the deed be legal if I did it anyway?
answered on Apr 28, 2022
You really need to speak with a probate attorney before you transfer anything. If the deed was held as joint tenants with right of survivorship, you probably can but you need to make sure there are no adverse ramifications if you do.
I am on limited probation in KY as an LPN. In my agreed order it mentions if I can’t meet the agreement terms I could put in writing that I wanted to surrender my license and it would only be for a period of 2 years then I could try to get them back. Is there a possibility that they wouldn’t... View More 
answered on Apr 11, 2022
There is a real possibility that they might not let you back in. You should consult an attorney immediately before you do anything. In any event, I would not recommend surrendering your license.
I was granted administratrix of my mother’s estate this past September. She didn’t own a home but she lived in a townhome that is a co-op (she partially owned it) so she paid a certain amount down to move in & if she decided to sell it back to the complex, they’d give her her money back.... View More
answered on Mar 15, 2022
One would have to see the deed to properly answer this question.
Do I need to go to court to get permission to sell? Do I have to wait a certain time frame to sell?
answered on Mar 7, 2022
Yes. You must get permission from the court to sell the property. The court will set the time for all sale actions.
My brother passed away suddenly with no will he was living in a home that my mother owned her name is the only name on the deed,but mortage is in his name only she was never added to the mortage.The mortage company is saying she has to go through probate before they can give her any information or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2022
It is curious that the lender will not deal with the owner of the property, which leads me to suspect that your mother may not actually be the owner. First, you need to hire a real estate attorney or title company to research the ownership and verify who is actually in title. If she is the owner,... View More
I took a extra year in nov on my sentence of 15 witch made my sentence 16..i started my 15 in April 2021.i need to know if i can file shock on the full 16 since i took the extra year in nov I'm still within the 180 on my new year but idk if I can still file on the full 16 now or not I'm... View More
answered on Feb 17, 2022
No. Your shock window of 180 days to file on the first case has elapsed. You can file on the new case but it only applies to the new year.
Policy specifies how much to each child. Probate? How to handle under age portion?
answered on Feb 7, 2022
You can dispense with probate but you can set up the minors portion in a blocked account approved by the court.
Brother in law claims to have a will in which their father left him his house, but that it is not probated yet. He told my husband that if he does not waive his rights, then he (my husband) will be stuck paying his father's debts
answered on Dec 10, 2021
Simply make the brother probate the will. In the interim, your husband should get a lawyer and not agree to waive or sign anything.
answered on Dec 8, 2021
No. You will have to open probate and get appointed as the administrator before you can sell it.
I am the only child and he had no grandchildren. There’s actually more involved than the house. There’s a barn filled with farming equipment and tools. Land, Timbers and cattle. I was also told that she can’t remove any property from the house until the estate is settled and she has been.... View More
answered on Nov 26, 2021
Step mom is statutorily entitled to 1/2 realty and 1/2 personal property, Will or no will.
My fiancé and father of my child (she's 8 and we were together roughly 9 yrs) suddenly passed. We weren't married and we were renting. His family came in our home and basically took over. They gave me access to our belongings but they have decided what gets sold and have made all... View More
answered on Nov 17, 2021
Everything regarding the child is solely up to you. They have no right to dictate anything. As for his property, Funeral and arrangements, handling that should be up to them although your daughter will inherit all his property unless he had a will that says otherwise.
Insurance check given. I gave it to her not knowing it has to go thru the estate. She also cleaned out dad's checking acct and won't pay back. The insurance check I gave her was cashed on a closed checking acct. and according to my bank, that's illegal but no one is doing anything... View More
answered on Nov 15, 2021
You should hire your own attorney to review, evaluate and move forward on these issues.
Family farm was deeded to stepmother 7 years ago. Just finding out after my father’s death last month. So far no known will. Supposed will from 20+ years ago per fathers conversation with son. Significant isolation of father by stepmother. She had power of attorney. He had significant history... View More
answered on Nov 5, 2021
You may be able to challenge it depending when you learned about the problem.
Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... View More
answered on Sep 11, 2021
You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... View More
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.
