Probate Questions & Answers

Q: Is it necessary to probate my mothers will who passed away 7 mos ago if her house is appraised at only $28,000?

1 Answer | Asked in Probate for Alabama on
Answered on Feb 20, 2017

If your mom was the sole owner of the house (or even a co-tenant), you will almost certainly have to probate her estate sooner or later in order to pass the title to her heirs or to sell the house -- in or out of probate. You won't be able to get a new mortgage on it or sell it without the probate. There are summary administration provisions in most states that are less expensive than normal procedures.

And be aware that many states have deadlines within which you can present the...
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Q: Can I probate a will if I am named as a beneficiary since executor will not

1 Answer | Asked in Estate Planning and Probate for Alabama on
Answered on Feb 20, 2017

You can commence a probate case yourself, filing a petition and reciting the existence of the will but that the original is in the hands of the aunt. You will need to consult an experienced probate lawyer, as there are many technical details of such procedures, including the giving of proper and timely notices to everyone entitled, that need to be done correctly. You can also the aunt to account for all of granddad's property from the date of his death. Good luck to you.
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Q: My sister moved into our deceased parents house.We are wanting to sell. How long can she live there?

1 Answer | Asked in Probate for Tennessee on
Answered on Feb 20, 2017

You can evict her immediately , unless she has a lease. Or, even if she agrees to pay rent, any single heir has a right to "partition" which usually means the house has to be sold ( because you can't divide into 5 equal pieces, but you can divide money). The only way she has a right to stay there is if the surviving parent left it to her in their will ( your question doesn't say whether or not there is a will).
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Q: my father died late november of last year. i am his only son . why am i getting a notice that his will went to probate?

1 Answer | Asked in Probate for Virginia on
Answered on Feb 20, 2017

I am sorry to hear of your loss.

As for your specific question, you are an 'interested party' because of your familial relationship so you HAVE to get notice even if you are not receiving anything. You are entitled to receive notices, including a copy of the will which will define what you may expect to receive. Other than these notices you aren't "entitled" to anything, but you ARE able to ask questions and get answers about your father's estate. If you are unsure what is going on,...
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Q: My mother left a will naming me executor in NY where she died. She has prop. in CO. How do I get it put in my name?

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Answered on Feb 20, 2017

Assuming that you are not listed on the deed and the deed is listed as a joint tenant (contact the county clerk's office were the property is located to be sure), the estate will need to be probated. If you mother resided in NY, the estate will need to be probated in NY. As part of the process, the NY courts will grant various court orders, one of these orders can then be transferred to Colorado. Unless something goes wrong or there is a dispute you likely will not need to physically appear in...
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Q: What happends if an elderly person gets dementia now mortgage in Default.Then Sale date but they dont know anything

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Feb 20, 2017

If the caretaker was a guardian or conservator, they would be likely liable for breach of fiduciary duty. Under a power of attorney its less clear. The Attorney-in-Fact's duty is to use the POA only for the benefit of the Principal, but that doesn't necessarily place on them an affirmative duty to exercise the power. So the house was sold? Where is the equity? It sounds like elderly person needs a guardian, or at least someone more able to look after him or her. If the house hasn't yet sold,...
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Q: Granny signed car to me 30 days before death. Adult granddaughter wants it against my will. Can she get it? (Colorado)

2 Answers | Asked in Arbitration / Mediation Law, Probate and Small Claims for Colorado on
Answered on Feb 19, 2017

Probably not. Granny can make gifts as she pleases. Unless Granny lacked the mental capacity to understand what she was doing, or there was fraud or undue influence, it's an inter-vivos gift that is not part of Granny's probate estate. Granddaughter has a tough row to hoe to win that battle. Doesn't mean she won't try, and if she dies you'll need an attorney. Good luck.
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Q: I won an arbitration award against my former attorney. He died 1 month later. Do I file a proceeding in probate court?

1 Answer | Asked in Arbitration / Mediation Law and Probate for New York on
Answered on Feb 19, 2017

If he has an estate open, you need to file a claim, which is done by sending your claim to the executor and filing it. Do this by delivery confirmation (certified, FedEx, etc.). However, there is a time limit to confirm an award for a judgment, so you need to file to make the deadlines.
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Q: My brother took my deceased fathers car title and put it in his name. There is no will. What can I do

1 Answer | Asked in Probate for Illinois on
Answered on Feb 18, 2017

If there is no will, an adult child can file a petition for independent administration. Talk to a lawyer about it.
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Q: How can I get my nephews to go through probate. I keep asking them to do it but they keep dragging.want to sell house

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Feb 18, 2017

Do it yourself. If the property is in CA and you're out of state, hire a CA probate attorney. He or she can serve as your local agent, if you're an adult that is not disqualified. Jump through the hoops, sell the house and divvy up the proceeds. Take your documents and talk to an experienced probate lawyer and they'll let you know your rights and remedies. Many offer free initial consultations. Good luck to you.
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Q: I'm 1/2 owner of a house.the other owner passed.he has 2 kids. Can I sell house without them going through probate?

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for California on
Answered on Feb 18, 2017

Depends on how the house was owned. Check the Deed. Were you and he joint tenants with right of survivorship? Were you married to each other? Did he leave a valid Will? If you and he were neither married to each other nor joint tenants, then you were probably co-tenants, which means you would have to probate his estate, at which point his lineal heirs would become co-owners with you (unless his will left it to you). But this just guesswork. Take your deed any other relevant documents and go...
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Q: My father has 2 last will and testaments. I think one is fake..can you tell me? I have photos of both documents

1 Answer | Asked in Family Law and Probate for Louisiana on
Answered on Feb 18, 2017

No attorney in an internet forum will be able to give you a meaningful answer to that. An examination of each will, circumstances of the making of each, interviews with the potential beneficiaries and witnesses, and maybe even handwriting experts with plenty of exemplars of your father's handwriting will likely be required to prove it in either direction. You're almost certainly going to have to retain an attorney to review the situation and advise of what you're facing. Good luck.
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Q: Can a bank release funds after the death of one spouse to the surviving spouse without the surviving spouse going

1 Answer | Asked in Probate for Georgia on
Answered on Feb 18, 2017

In most states there are procedures for small estates that permit the heirs to sign an affidavit of heirship and obtain the decedent's bank funds up to certain amounts. Banks can release funds under such circumstances. If you believe this was done fraudulently, you should speak to an attorney.
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Q: Can my stepmother bar me from premises before my father will goes through probate

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Answered on Feb 18, 2017

There is insufficient information in your question to give you an accurate answer. Was she living in the house with your father when he died? Was there a prenuptial agreement in place? Did he have a will? You should talk to an experienced probate lawyer. Avvo.com can help you find one. Many offer free initial consultations. Good luck.
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Q: My dad lived n owned property in nh but the last 3 yrs of his life he lived in mass which state probates his will

2 Answers | Asked in Probate for Massachusetts on
Answered on Feb 18, 2017

You probate the estate in the state the party died. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: In New York, can you waive rights to a decedent's estate?

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Feb 18, 2017

If the property manager believes that the decedent's brother must appoint someone to collect the property, what's to stop the brother from appointing the property manager? As a practical matter, the brother can't be forced to do anything; the brother could simply do nothing and let the property manager figure out what to do.
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Q: Is it possible to get a misdemeanor probation revocation warrant lifted without jail time?

1 Answer | Asked in Criminal Law and Probate for Texas on
Answered on Feb 18, 2017

In general you have to appear before the judge that put you on probation in order to get a probation revocation warrant lifted. The judge doesn't necessarily have to book you into jail in order to lift the warrrant, but that is typical (and depending on the charge and circumstances, it may be highly likely). This is definitely a situation where a lawyer can help you navigate the process.
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Q: probation/probation violation

1 Answer | Asked in Criminal Law and Probate for Iowa on
Answered on Feb 18, 2017

Typically, you would not be arrested. A report maybe made to your probation officer who could then file a report of violation and request a warrant from the Court. Could you be arrested? Maybe. Are you likely to be arrested. No. Depending on your underlying conviction you might be able to have a lawyer get that condition removed from your probation agreement.
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Q: Is it a law that you have to probate a Power of Attorney in the state of Georgia?

1 Answer | Asked in Banking and Probate for Georgia on
Answered on Feb 17, 2017

No. Wills get probated. Powers of Attorney don't get probated. POAs (even durable ones) terminate upon the death of the principal (the person who gave the power). Hope this helps.
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Q: My wife was heir to her deceased dad's home. The will is lost. Her family sold the house without her consent

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 17, 2017

Contact a probate lawyer in the county where he died. Too many Affidavits of Heirship are inaccurate.
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