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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
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1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: I'm an executor of my Mother's estate in Ohio. It has been 5 months since she passed and there are 6 siblings.

One of my siblings had been living there rent-free and is not actively trying to vacate the home. What are my options

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

If you have opened the estate with the probate court, and if you have a letter of authority issued by the probate court appointing you as executor, then you have the legal right to require the sibling to pay rent. Or you can evict the sibling and otherwise deal with the property as provided in... Read more »

1 Answer | Asked in Probate for Massachusetts on


Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 14, 2020

So was there a Connecticut estate? She was a Connecticut resident? If so you would need to file an Ancillary Estate here in Massachusetts to effect the change in title unless you were in a joint tenancy or a tenancy by the entirety- you have

not so indicated,

3 Answers | Asked in Probate for Florida on
Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
Seril L Grossfeld
Seril L Grossfeld answered on Jul 14, 2020

You most likely are going to need an attorney to represent you if your present attorney isn't doing the job. I would consult with a substitute attorney and have that attorney take care of doing this. You may also want to check with the Florida Bar to make sure your present attorney is still... Read more »

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1 Answer | Asked in Probate for Illinois on
Q: My dad passed away in 2017 I am his biological child, I was never notified. His estate was intestate went to probate

Closed May 2018. What can I do to claim as his legal heir

Bryan R. Bagdady
Bryan R. Bagdady answered on Jul 14, 2020

You need to look at the probate file and determine what happened. You will need to see who was identified as an heir. There should be an order declaring heirship. If you were not identified as an heir, then there is a likely issue. I have no idea if your address was unknown to the person appointed... Read more »

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If my folks pass away is it required for my name to be on the deed to avoid probate? Blairsville GA

My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?

Nina Whitehurst
Nina Whitehurst answered on Jul 14, 2020

In most cases the best way is a revocable living trust, but every situation is unique and sometimes an irrevocable trust makes the most sense or some other technique altogether. Many factors need to be taken into consideration. Your best bet is to consult with an experienced estate planning or... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: In Georgia. Can my mothers home who died intestate have her house sold without going through probate?

Only name on deed of trust is hers. No husband, just three heirs.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 13, 2020

You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.

1 Answer | Asked in Probate for Oregon on
Q: I have filled out subpoenas for information in a probate case. The judge is holding them.

I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 13, 2020

I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible

1 Answer | Asked in Probate for New York on
Q: Can a motion for summary judgment or to dismiss be made during trial evidence or need it be a motion under 4401?

The trial began months ago w.the other side rested but due to Covid-19, put on hold. During the pandemic, I lost my job and attorney who got Covid-19. Pre-trial, he filed a MTD 3211 on estoppel based on a sister-state's trial they lost on same matter, but other side lied saying it was not on... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 13, 2020

I would not do this by yourself. You should hire an attorney. CPLR 4401 usually relates to the evidence presented at trial. CPLR 3212 is a motion for summary judgment, asking the court for judgment based upon the law. If you previously moved for the relief requested a motion to renew or reargue may... Read more »

3 Answers | Asked in Probate for California on
Q: my aunt put me on the deed to her house she passed away and didnt have a will do i need to go throuqh probate
Chris M. Bradford
Chris M. Bradford answered on Jul 13, 2020

Sorry to hear that your aunt passed away.

This information that follows only applies to deeds in California. If the deed is in another state, you will need get information related to that state. Assuming the house is in California, first you need a copy of the deed. You can get a copy...
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1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Estate Planning and Probate for California on
Q: My mother passed in CA with no will and a sub $10,000 bank account. With a Small Estate Affidavit can Medi-cal bill me.

I'm mostly concerned with Medi-Cal billing me for costs against her estate even if it doesn't go to probate. She had no will and no beneficiary listed on the account. If they can how do I subtract the burial costs?

James Edward Berge
James Edward Berge answered on Jul 11, 2020

Yes. Medi-Cal can and will bill you once you have provided them with a notice of death and a copy of the death certificate which you are obligated to do.

You are however entitled to reimbursement of your costs of burial before they get paid.

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Can we use "small estate" probate after my mother died without a will?

My divorced mother died intestate, and my sister and I are her only heirs.

We have obtained her credit reports and determined that aside from one small collection, her only debt is the mortgage to the home we would inherit jointly had she made a will, as that had always been her intent.... Read more »

Dustin A. Duke
Dustin A. Duke answered on Jul 10, 2020

If the mortgage is your mother's only debt and the value of her estate after the balance on the house note is subtracted equals $100,000 or less, then you should be able to file the small estate affidavit. However, be aware that if your intent is to sell the home, most title companies will... Read more »

1 Answer | Asked in Probate for New York on
Q: How long does a lawyer have to release funds held in escrow from a previous estate once asked for them

By sisters estate adminstration ?

Elaine Shay
Elaine Shay answered on Jul 10, 2020

Unless the attorney is the executor or administrator there would be little reason for the attorney to be holding money in escrow , except possibly in connection with the sale of real property. In any event, provided the terms of an escrow agreement mandate the release of funds, it is simply the... Read more »

3 Answers | Asked in Tax Law, Estate Planning and Probate for Virginia on
Q: Mom passes intestate in Fairfax Co VA, how can I file her final tax returns after the POA ends?

All assets were liquidated into a POD account years ago, all current income taxes, funeral costs, and debts have already been paid. Only final taxes on bank interest, a modest Social Security income, final IRA distribution costs and the POD account will remain when Mom passes. Does the estate have... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Jul 10, 2020

I'm sorry for your loss. You may not have to do very much as everything was POD. And that included 'probate'.

I suggest you consult an attorney - in Virginia - to advise you and reassure you of where you are. Elder Law attorneys are familiar with estate law and procedure -...
Read more »

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1 Answer | Asked in Probate for California on
Q: Dad died yeas ago, one gift refused to take the money he had been left (~$5000), then he died . What is status of money

My uncle did not take money because he did not trust the government in China. When he died, his wife also would not take money for the same reason, they had 2 sons, one has died. We do not have any contact with them. My dad died in 1982. We are trying to resolve this issue.

Chris M. Bradford
Chris M. Bradford answered on Jul 10, 2020

If a beneficiary to a will or trust refused to take a gift given to him or her, it goes back into the "remainder" of the estate. Then the executor of the will or the trustee of the trust reads the will or trust and sees who gets the "remainder" of the estate. The will or trust... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: Mom lived in house 50+yrs & paid off original mortgage in her mom's name. She has 3 siblings, who owns it?

Grandmother died in 1970's. There was no probate. Her siblings want to sell the house now to split cash for retirement, but she does not want to leave. Can they force my mom to move and sell? Who owns the house? Unknown if there is a will or who's name is on the title of the house.

Nina Whitehurst
Nina Whitehurst answered on Jul 9, 2020

It is not possible to answer your questions without more information. This will probably require some kind of probate procedure to get the title out of your grandmother's name and into the names of her heirs. Who those heirs are depends on facts that have not been stated. Your best bet is... Read more »

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1 Answer | Asked in Family Law, Banking, Child Custody and Probate for California on
Q: What do I have to do to get money out of a court blocked account?

My name is Elijah I am 21, I live in Los Angeles, CA. Mother died in 2008 when I was a minor and soon after my grandmother was named my guardian and a bank account of some of my mother's money was set up for me by the court. I went to Bank of America and they told me I have to get a document... Read more »

James Edward Berge
James Edward Berge answered on Jul 8, 2020

This self-help guide from Sacramento County should help you, even in Los Angeles County.

Good luck!

1 Answer | Asked in Probate for Illinois on
Q: My husband recently found out he is apossible heir to a distant relative who passed away. How do we find out for sure?

We were told we would receive a letter and through research it is a definate relative. But we want to find out about the case and cant get any information. How does that work when someone dies and has no heirs no spouse no kids etc. We just want to know if we need to prepare for this because this... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

Find a lawyer or paralegal in the vicinity of the decedent to help you search the local probate court records for a probate case filed on behalf of the estate.

1 Answer | Asked in Probate for Mississippi on
Q: My mom received a stimulus check for her small business that was in her name and passed away shortly after

The business was hers for over 50 years and in her name. Does her second husband get the money or does it have to be divided with heirs or even returned?

Nina Whitehurst
Nina Whitehurst answered on Jul 8, 2020

The stimulus check is now an asset of your mother's probate estate. It does not have to be returned. The answer to the question of who gets that money depends on a lot of factors such as whether or not your mother had a will and, if she did have a will, what she said in it about the... Read more »

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