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Probate Questions & Answers
3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 15, 2019

Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »

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1 Answer | Asked in Probate for California on
Q: My Uncle died in Nevada, never married, no children. 2 Hospital bills. I am in CA. less $70,000. in bank account.

I paid for his cremation and electric bill. He does not owe anyone else. there is no will.

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2019

What is your question?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Q: How can I get the property transferred into my name without a will or going through probate?

In 2017 both of my parents passed away, my mother owned a portion of the 2 acres located in Texas where she lived until her death, while my uncle in California owned the rest. After the passing of my mother, the entirety of the estate went to my uncle, (Still under his name) couple of months later... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 15, 2019

If all heirs agree then there is a way to do it without it going to probate; however, it requires a great deal of detail and I suggest hiring a lawyer to help you.

Whether or not anything was probated in CA will also be important. Again, it's best to consult directly with a lawyer.

2 Answers | Asked in Probate for Texas on
Q: .y father died without a will. How do I know if I can just do a small estate affidavit or if I have to go thru probate.

I am being told by his creditors I need letters of testemonary, affidavit of heirship to sell his house, or become executor of the estate to collect money he left my brother & I as beneficiaries in an IRA. There is no money in dad's estate.

Isaac Shutt
Isaac Shutt answered on Oct 14, 2019

If there's a will, you cannot do a Small Estate Affidavit. You will need to do a will probate.

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1 Answer | Asked in Probate and Estate Planning for Texas on
Q: Does Texas accept a legally transcribed Declaration if Heirship from Puerto Rico?

They died intestste11 months apart in Puerto Rico. They had assets un Texas. Money in bank accounts, CD's, my mother's spousal IRA that matured the year she died, stocks with the same company as the IRA, and oil/gas rights.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 14, 2019

Short answer is yes it can be done; however, it has to meet certain criteria and there must be certain steps taken to actually authenticate everything for Texas. I suggest you speak with a probate attorney in Texas.

1 Answer | Asked in Real Estate Law and Probate for North Carolina on
Q: What happens to the house in NC when one of the owners dies?

Grandfather and girlfriend bought property together and they both lived in house as man and wife. The deed does not say tenants in common nor joint tenants in common. What will happen when one of them passes. Grandfather did a will giving the house to his children but the girlfriend did not sign... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 14, 2019

Unmarried co-owners are presumed to own as tenants in common in equal shares, unless the deed states otherwise. Accordingly, when your grandfather dies, and assuming the will is valid and is as you stated, his children will own 50% of the house along with the girlfriend as to the other 50%.

1 Answer | Asked in Family Law, Estate Planning and Probate for Oklahoma on
Q: My father passed away with no will, but he has a wife. He had his own business, and all bank accounts were separate from

His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 13, 2019

I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.

If we can help,...
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2 Answers | Asked in Probate for Florida on
Q: Can my dead sister's husband claim my sister's inheritance?

My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants.... Read more »

Romy B. Jurado
Romy B. Jurado answered on Oct 13, 2019

Hi, he may have a claim, but you may have one too. You should meet with a Florida Probate attorney to examine the dates and facts to determine your rights and actions you must take.

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2 Answers | Asked in Estate Planning and Probate for Massachusetts on
Q: Ex-husband died, we had 2 kids. His live in girlfriend put all of his assets in storage & claiming they were hers.

We all live in MA, we had twin daughters who are 17 & will be 18 in Feb. He had no children with his girlfriend who lived with him. He definitely had less than $25,000 worth of assets & no will. He had a camper/rv that I was told she transferred the title to herself after his death & she put most... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 13, 2019

You really need to hire an attorney to help you with this. Even if he had a will that left everything to the girlfriend, you at least can make a claim for the unpaid child support. If he did not have a will then most likely his children should get everything.

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1 Answer | Asked in Probate for Michigan on
Q: Can I become representative over my kids estate? How can I be over my kids trust funds

My kids dad died and we was not married my kids is listed as his beneficiary but his dad got representative over my kids estate and won’t give me any information about amounts he also over they trust funds. I haven’t been notified by probate court or I never receive the letter that they granted... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

it sounds like the children’s father had a trust or will that named someone else to manage the children’s inheritance. It would be very difficult to change that. You would have to prove that the person he named is not qualified or unsuitable and even if you succeeded it would go to the named... Read more »

1 Answer | Asked in Probate for Alabama on
Q: My fiance passed away and she had no will no parents no children what are my rights

We had been together for 3 years she been living with me the whole time rent free I'm wondering what my rights are

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

Unfortunately you have no right to inherit, and if the nonpayment of rent was by mutual agreement you can’t make a claim for rent either. This is why everyone needs an estate plan and should update it when they get engaged, married, divorced, bear children, etc.

3 Answers | Asked in Probate for Texas on
Q: What should I do if a close friend left me property in his will but his heirs aren’t interested in opening probate?

His heirs are distant relatives and none of them want to be administrator. Also, the will is handwritten and a copy was sent to me by his cousin because she thinks it’s not fair that her other cousins aren’t taking action on his estate. Do I have any recourse? If I open probate as an interested... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 12, 2019

As a beneficiary under the will you are an interested party. You could open the probate yourself.

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1 Answer | Asked in Probate and Estate Planning for Louisiana on
Q: DID an Act of renunciation notarized in 2011 cut off that heir's heirs or did it require a specific donee?

Does the Court use the date of the Act of Renunciation or the Date of Death in applying the law in affect at that time ; or does the law applying to require a specific named donee that became effective at a later date?

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Oct 11, 2019

You need to consult with a trusts and estate attorney let them review all documents.

3 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Probate for California on
Q: I'm about to sign POAs with my daughter for both health care and asset management. I trust her. But if she dies...

I'm doing estate planning. If she dies, and I become incapacitated, who decides that I am? And how would that decision be made?

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

There is no one single correct answer to your question. These are issues that an experienced estate planning attorney can help you sort through in the process of preparing customized powers of attorney.

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1 Answer | Asked in Probate for South Dakota on
Q: Are there separate probates for dual citizens?

My father was born in Norway. He later moved to the South Dakota and acquired dual citizenship. He died in South Dakota in 2012. His probate has been finalized since then. Not sure how or if that correlates with Norway? We have a mess to deal with as he still has we found out he still has real... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 11, 2019

A probate needs to be opened in every jurisdiction in which the decedent owned property. The jurisdiction where the decedent lived just before he passed away is the main probate and the others are called ancillary probate. That is one reason why trust based estate planning is superior to Will based... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Can my worthless mineral rights just be ignored when I die?

I live in Oklahoma. I own (or might own - who knows?) an undivided interest in mineral rights in Texas. I consider them worthless. Let's suppose that I manage to avoid probate through the use of beneficiary forms, TOD's, and POD's for financial accounts and TOD Deed for my house and cars, for... Read more »

Richard Winblad
Richard Winblad answered on Oct 11, 2019

It appears that Texas law allows a transfer on death transaction for minerals. A Texas attorney should be asked about a transfer on death deed. Current federal estate taxes begin at $11.4 million.

However, don't just focus on who gets your things when you are gone. Estate planning also...
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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: My mom died without a will. Are the jewelries will be part of the estate?

Our stepfather doesn't want to give the jewelries from my mother. Before she died she told him that it belongs to her children, we have witnesses. Most of them were bought when she was still single (not married to him) and some are from my grandmother. What action should we do? He doesn't even want... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Oct 11, 2019

Contact a probate lawyer for further guidance and do not wait too long to do so.

2 Answers | Asked in Estate Planning, Real Estate Law, Energy, Oil and Gas and Probate for Texas on
Q: My father passed away intestate (no will), he owned his home, am I responsible for paying his utility bills?

Are his children responsible for paying the light, water, and gas bill? We plan to sell the home once cleaned, but no one is living in the home since his passing.

Terry Lynn Garrett
Terry Lynn Garrett answered on Oct 11, 2019

After the Court appoints an administrator, giving that person authority over your father's property, that person is responsible for maintaining the estate.

Meanwhile, you and your siblings may want to keep the utilities on in order to maintain the property in good shape. That should bring...
Read more »

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1 Answer | Asked in Probate for Louisiana on
Q: If the judge revoked my probation and gave me credit for time served , should I still serve jail time?

I got picked up for an outstanding warrant for some probation when i was16, im now 21 & whenever I went to court the judge revoked probation and gave me credit for time served plus he dropped the charges. But my probation officer came and told him that I had never done anything i was supposed to as... Read more »

Mr. James Zitzmann
Mr. James Zitzmann answered on Oct 10, 2019

You have this question listed under probate law. You need to list it under criminal law so the right people will see it.

1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
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