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Probate Questions & Answers
1 Answer | Asked in Probate for California on
Q: What are the rights of a possible heir who was raised as own from young age but deceased never tried to legally adopt?

My oldest brother was raised by our father as his own from the age of 4, but my father never tried to legally adopt him. He is now an adult and I am wondering what legal rights he has to the inheritance since my father died without a will? We live in California, and my oldest brother has stolen... Read more »

Bill Sweeney
Bill Sweeney answered on Dec 4, 2020

You might find an answer from this article: https://keystone-law.com/equitable-vs-statutory-adoption/

1 Answer | Asked in Probate for Texas on
Q: If my mom's will says everything to be sold and split between her 4 kids can the executor change that?

There is a house involved, 3 kids want to keep it and the 4th one wants to sell it, is there a way around it without buying the 4th kid out? Maybe a deed of variation???

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 4, 2020

There is no way around it without buying the 4th out if he wants to be bought out: that would be theft. But he can make a deed gifting his interest to the other three if he wants.

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Husband died intestate in NJ. I am administrator. there are 3 children....no property only cash. what is the law

there is only 60,000 left after bills but I am confused on the law when it says ...spouse gets 25% but not less that 50,000 or more than 200,000....Do I keep the 60,000 with out sharing or ??? Im confused

Derek John Soltis
Derek John Soltis answered on Dec 4, 2020

I am sorry for your loss. The division of property depends on whether these are also your children or un-adopted stepchildren. If they are your and your husband's kids, you keep everything.

If you have step-children, you probably should talk to an attorney because the division of...
Read more »

1 Answer | Asked in Probate for Florida on
Q: My uncle died March 23rd 2012. I had forgotten until recently that I was his beneficiary. He had Alzheimer's.

I was never contacted. I know he had family up there that probably handled his things. I don't have contact with them. I'm wondering if too much time is passed to find out exactly what happened. I know that he had a will. When he got my personal information from me to a fix me as his... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Dec 4, 2020

You should contact a probate attorney "up there", in whatever state that is.

2 Answers | Asked in Probate for Virginia on
Q: My mother passed in Oct with no will or executor. Her only asset was a mobile home that was paid for, but she rented

the lot. The home is valued at 8,000 but she had credit card debt in excess of 10,000. Do I need to go through the probate process? I have several other questions regarding this matter.

Richard Sternberg
Richard Sternberg answered on Dec 3, 2020

I'd be happy to sell you a discounted one-hour consult, and we could do it by Zoom in these quarantine conditions, but why would you want to open a probate estate? If her assets were $8,000 -- assuming you could get $8,000 after it was moved off the rental property -- and her debts were... Read more »

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: A friend of 40 years died in NYC recently & has no known family, who is eligible to oversee his estate administration?
Michael David Siegel
Michael David Siegel answered on Dec 3, 2020

The Office of the Public Administrator. As there is nothing in it for you, no reason to get involved.

1 Answer | Asked in Probate for Texas on
Q: How can I get a durable power of authorney

How can I obtain a durable power of attorney my mother-in-law needs to get one from her husband

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 3, 2020

Your father-in-law can grant your mother-in-law a Durable Power of Attorney. Please contact an estate planning attorney in or near Cypress.

2 Answers | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Q: I am the co- owner of my mother's banking & checking account. Do I have to pay back my mother's estate ?

My sister placed my Mom into a nursing home in May of 2019 for dementia. And then she hired a guardian for my mom in June 2019. I have lived in my Mom's home from May 2019 until now. I have been the co-owner of my Mom's banking and checking account since April 5, 2015. And, I used the... Read more »

Aaron Epling
Aaron Epling answered on Dec 2, 2020

Interesting question. You certainly cannot be responsible for repaying any money that you spent on behalf of your mother for her expenses like medical expenses, nursing home bills, taxes, insurance, etc. One tricky question is whether you are liable to the estate for payments that you made to... Read more »

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1 Answer | Asked in Real Estate Law and Probate for California on
Q: What is my financial responsibility and liability on an inherited house? Trying to avoid a partition action.

California. I am due to inherit my mother's house along with my siblings. There are issues with the other siblings not paying for housing expenses and I been taking up the slack. I have requested mediation to come up with a co ownership agreement to distribute responsibilities or to be bought... Read more »

Yelena Gurevich
Yelena Gurevich answered on Dec 2, 2020

If there is no agreement by the owners regarding payments or selling the property, than partition is the appropriate action to take. It will either force a sale of the property or a buy out of the party asking for a partition.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away he was my step father raised me for over 50 years. My siblings are trying to cut me out. Can they?

I have a half sister and my father adopted my nephew so I have an adopted sibling also I was told there is a will that is 30 years old that I am executor of but my adopted sibling has it I have not seen it I know they're going to go through probate and they're not telling the probate... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 2, 2020

If the will cannot be found, and if he did not have a surviving spouse, then his estate will be divided among his natural and adopted children, but step children don't share. If the will can be found, and if it nominates you to be executor, and if the will is submitted to the probate court,... Read more »

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1 Answer | Asked in Probate for New York on
Q: Is there a timeframe in which you must probate a will? Thank you.
Michael David Siegel
Michael David Siegel answered on Dec 2, 2020

yes and no. YEs, but you can file an affidavit explaining the delay after a certain point. These are almost always sufficient to make deadlines unlimited.

1 Answer | Asked in Probate for Florida on
Q: Can you stop going to therapy in the city you lived in and switch the a therapy location closer to where you live now?

So I got an evaluation in the city of where I was charged for minor possesion and it's hard for me to commute there from the city I currently live in. Is there any way I can start at a new program closer to where I live and not get hit with failure on first attempt?

Barry W. Kaufman
Barry W. Kaufman answered on Dec 2, 2020

Your issue is a criminal defense issue, not probate. Probate concerns the settling of the affairs of a person who has died. Talk to the person or office to whom you are supposed to report for your therapy.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can my brother control the inherited money? He believes he needs more of the inherited money.

He has sufficient income, plus my father’s pension about 18k, then had rented my parents home which he received money as well. He tells me I only get little or nothing, since that’s what his lawyer said. I don’t know much of its truth. I want to speak with his lawyer and see a itemized... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 2, 2020

In Texas 15 months after an executor (if there is a Will) or an administrator (if there is none) is appointed, a beneficiary (if there is a Will) or heir (if there is none) is entitled to request an accounting. Please keep in mind that Wills rarely and heirship never takes into account the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for New York on
Q: Estate Law Question I am a beneficiary for two properties of my late relatives.

I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... Read more »

Victor M. Feraru
Victor M. Feraru answered on Dec 1, 2020

Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.

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1 Answer | Asked in Probate for Michigan on
Q: Sold my parents home. My brother passed away 4 yrs prior. Has not seen his daughter for 30 some years. I never met

Her. My lawyer says she’s entitled to my brothers portion. Gave my lawyer an address I found on line which was out of state and that was 5 years ago. My brother has been gone for 10 years. Her portion is sitting in my bank in an account by itself. Nothing is happening. What I am asking is is... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 1, 2020

You need to get with a new probate attorney. There are several factors in play here: presumptively, the estate is no longer open; was the daughter provided notice?; was this woman determined to be an heir?...too much to go into on a forum

1 Answer | Asked in Probate for Missouri on
Q: My dad didn't have much $ he died Sept 13 I'm his only daughter how do I get his checking acct ?
Lloyd M. Nolan
Lloyd M. Nolan answered on Dec 1, 2020

There are several ways that you can potentially obtain the funds on deposit in his account. The easiest would be your father's account had a POD provision payable on death) to you or JTWROS (joint tenant with rights of survivorship) to you. In that event, a certified copy of his death... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on
Q: My friend died and left me the house we lived in. I have the will and the death certificate. What do i do next?

Is there a time period in which this must be done?

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 1, 2020

You must file a petition in Surrogates Court to be given power to probate the Will and administer the estate, which would include transferring the house.

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1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: My mother passed away in August 2020 and left me the mobile home and 1 acre land do I need to get an attorney
Anthony M. Avery
Anthony M. Avery answered on Dec 1, 2020

Yes... Hire a competent attorney to search the title, including the certificate of title on the mobile home. If secured debt liens exist, and the title is otherwise clear, start paying them along with taxes and insurance. Get an Affidavit of Heirship recorded as your source of title if you are... Read more »

1 Answer | Asked in Criminal Law and Probate for Texas on
Q: He went to the Phoenix house so she wants to come out and have do parole but it's been 12 years

They never sent paperwork to court and did give no record.So she could have her own record that she done the service

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 1, 2020

There are not enough details in this inquiry for me to determine your specific question. Please re-post with all the necessary information, including at least one clearly defined question.

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: Can I bring a lawsuit against a sitting judge who failed to register a Will when she was a Lawyer and paid to do so now

May 2003 paid Lawyer to do power of Attorney and Will was paid to register with Orphan court and she did not I have the information on paying the bill on my checking account

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

Not sure what you mean by "paid to do so now." If you want to sue a sitting judge, you cannot sue for judicial acts in most cases as judges enjoy immunity. If you are asking whether you can sue a judge in the capacity as an attorney, the answer may be yes. But you may also be well outside... Read more »

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