Probate Questions & Answers

Q: My father (PA resident) has timeshare in Nevada. Can I do the paperwork for the set-aside without administration?

1 Answer | Asked in Probate for Nevada on
Answered on Aug 14, 2018
Michael Hales' answer
When I have clients that need advice on Nevada probate law, I typically refer them to Russell Bowler, an attorney at Bowler Dixon & Twitchell.

Q: My grandmother has passed and my mother was her estate executor. My mother passed and I am her estate personal rep.

1 Answer | Asked in Probate for Massachusetts on
Answered on Aug 14, 2018
Lillian J. LaRosa's answer
Hello, it appears that you will need to file a Formal Petition for Appointment of Successor Personal Representative on your grandmother's estate and be appointed Successor unless there was an alternate to your mother named in grandmother's Will, in which case he or she can file for Successorship but will need your mother's death certificate also.

Q: My father died and left us his house. My sister lives in the house. Can the court order the sale of the house to pay

2 Answers | Asked in Probate for New York on
Answered on Aug 13, 2018
Elaine Shay's answer
Yes, medical expenses can sometimes lead to Estate Recovery that may result in the need to sell a property. If your father was residing in Florida at the time of his passing, questions regarding his Estate should first be directed to a lawyer practicing in Florida.

Q: My Mother died in Texas. Can her will be probated in Colorado?

1 Answer | Asked in Probate for Texas on
Answered on Aug 13, 2018
Terry Lynn Garrett's answer
A Will is probated where the person lived at the time of death or where they owned real property.

Q: After the probate period is completed, do I need a judge's approval to begin making distributions?

1 Answer | Asked in Probate for Arizona on
Answered on Aug 13, 2018
Ryan K Hodges' answer
Generally, you do not need court approval if the probate is unsupervised. You may want to seek agreement of the heirs and beneficiaries though.

Q: My father died and has a reverse mortgage on his house. Am I obligated to clean out the house before the bank takes it?

1 Answer | Asked in Real Estate Law and Probate for Arizona on
Answered on Aug 13, 2018
Ryan K Hodges' answer
You are not obligated to clean out the house. The bank will be clean it out and dispose of the items as the deem appropriate.

Q: What should happen when the settlor of a trust dies?

1 Answer | Asked in Estate Planning, Elder Law and Probate for Louisiana on
Answered on Aug 13, 2018
Christie Tournet's answer
The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...

Q: I bought some property when I was single, now I'm married. At my death does my property have to go threw probate?

1 Answer | Asked in Real Estate Law and Probate for Missouri on
Answered on Aug 13, 2018
Jennifer Sheila Kornblum's answer
Regardless of your marital status, if you have not named a beneficiary on your deed, your property will have to be probated on your death.

Q: My dad passed away with no will and his brother sold his car and is selling the house that they owned 50/50 can he?

1 Answer | Asked in Probate for California on
Answered on Aug 11, 2018
Gerald Barry Dorfman's answer
It depends on how title to the property is held. If you dad and his brother were "joint tenants", then your uncle now owns the property. If, on the other hand, they were "tenants in common", then your dad's half will pass to his heirs, after a probate proceeding.

Q: State gave my wife money from her grandmothers estate and now saying they should of given some to her siblings.

1 Answer | Asked in Probate for California on
Answered on Aug 10, 2018
Richard Samuel Price's answer
If she received more money than she was entitled to, then yes, she must return what isn't hers.

Q: CAN I SUE THE REAL ESTATE AGENT FOR VERBAL PROMISE TO RELOCATE ME ONCE MY MOMS HOUSE SOLD THRU PROBATE.

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Aug 10, 2018
Thomas A. Grossman's answer
Verbal promises are as good as the paper they are drawn on (i.e. no good). However, if your agent failed to properly present documents to you, or instruct you as to signing them, you might want to contact the California Dept. of Real Estate about this agent. You can also enter his name on that website and check out his status and credentials. Agents are supposed to be honest and ethical. It sounds like he didn't live up to those standards.

Q: My dad passed away almost two years ago. My sister and I recently got a letter from his wife (not our mother) asking

1 Answer | Asked in Probate for New Jersey on
Answered on Aug 10, 2018
H. Scott Aalsberg Esq.'s answer
You're right she may be trying to hide something but you won't know unless you get an accounting for the estate.

Q: When a house is left to 8 siblings do all of them have a legal right to enter the house ?

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Aug 10, 2018
Michael David Siegel's answer
If the will says nothing more, then yes, but peaceably.

Q: Valid holographic will?

3 Answers | Asked in Contracts, Estate Planning and Probate for California on
Answered on Aug 9, 2018
Genene N. Dunn's answer
This is tough to answer without seeing the documents, but essentially it seems like it probably is not a valid holographic will. It is a requirement of a holographic will to be in the decedent's handwriting. The fact that it is not in her handwriting alone might make it invalid.

Q: My Mom died in april Leaving my 8 yr old $ 2000.00 in a life insurance policy.

1 Answer | Asked in Probate for New York on
Answered on Aug 9, 2018
Michael David Siegel's answer
I am not sure what you are doing but just deal with the insurance company. The insurance company should issue the money. Leaving to a minor is never a good idea, but there is nothing you can do now. Why is CPS involved?

Q: Mom passed. She put car in "her name OR my name. My car now. Is this part of probate? Family fighting for car.

1 Answer | Asked in Probate for Utah on
Answered on Aug 9, 2018
Wesley Winsor's answer
No, if the title was held in the "A or B" fashion then it means that you owned it as a joint tenants. Joint tenancy carries with it a right of survivorship which means that upon the death of one joint tenant (your mom) you inherit the entire property (the car).

You will need to take the death certificate as well as an affidavit of survivorship with you to the DMV and you can get it retitled in your name only.

I hope this helps.

Wes

Q: In Georgia how are properties divided both parents died without a will&they have stepkids parents married over 30 yrs

1 Answer | Asked in Probate for Florida on
Answered on Aug 9, 2018
Lauren Nagel Richardson's answer
You will need to post this same question in the Georgia Justia forum. This question needs to be answered by a Georgia attorney.

Q: Why would someone need to sign a document so he or she can become the personal representative of a deceased person

1 Answer | Asked in Probate for Utah on
Answered on Aug 9, 2018
Wesley Winsor's answer
Hi,

There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will, accepts to serve as that position. This does a couple of things, 1) it puts the future PR (personal representative) on notice that the willmaker wants him/her to serve and it also lets the willmaker know that the future PR is...

Q: How can I get someone to show the will they claim was written after the one I have in my files

2 Answers | Asked in Probate for Arizona on
Answered on Aug 9, 2018
Ryan K Hodges' answer
You can attempt to determine if an attorney helped draft the new will and possibly get a copy from the attorney. Alternatively, you can file your will with the court, open probate, and provide notice to the wife. If she has a newer will, she will have the chance to bring it forward to the court and to override the older will. Otherwise, your will will stand.

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