Probate Questions & Answers

Q: How can someone find out about custodial accounts and stocks a recently deceased relative had bought for them?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Apr 17, 2019
Terry Lynn Garrett's answer
The accounts to which you refer likely pass outside the Will.

Once a Will is submitted for probate, it becomes a public document. In many counties these are available online at the website of the probate court or county court at law.

Q: My mom died about two months ago in Michigan, and my sister went to Probate Court in Wayne County to live in my mom's ho

1 Answer | Asked in Probate for Michigan on
Answered on Apr 17, 2019
Trent Harris' answer
It sounds like your sister has been appointed personal representative of the estate. Whether your sister can sell the house depends on how the house was owned by you and your deceased mother, whether it was joint tenants with right of survivorship, or whether it was tenants in common. If it was tenants in common, then the house is an asset of your mother’s estate now. Without more information, it’s hard to help you further. You should talk to an attorney to find out more.


Q: My mom passed away she had a will to sell the house and divide. One passed away who will receive her share!

1 Answer | Asked in Probate for South Carolina on
Answered on Apr 17, 2019
William James LaLima's answer
It really depends on the will. It also depends on when the other beneficiary died. Did they die before your mother or after? If the will does not specify, then usually the other beneficiary's heirs will inherit their share. But it 100% depends on the language used in the will.

Q: My husband & his sister as tenants in common of their parents property. He died 12/2018. We want to sell I am his heir.

1 Answer | Asked in Probate for Tennessee on
Answered on Apr 17, 2019
Anthony Marvin Avery's answer
You are probably only a Tenant In Common with your Children as Heirs at Law of your Husband's real property. If the Will is not Probated it means nothing. By the end of May it will be difficult for anyone to go against his interest in the real property. You and your Family may wish to request a Partition Sale if you cannot agree. If the Buyer does not want the property, find another Buyer and/or Title Company. It would be best to sell it in 2020 where virtually no creditor could come...

Q: How do I file an objection to set aside administration? I question the validity of my dad's will.

2 Answers | Asked in Estate Planning and Probate for Arizona on
Answered on Apr 17, 2019
Peter H. Westby's answer
This is a complicated matter and I strongly recommend that you hire a probate lawyer to assist you. Since the proceeding is in Nevada, you should speak with a Nevada probate lawyer.

Q: If I'm left money in a will is the executor responsible in getting that to me?

1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Answered on Apr 16, 2019
P. Justin Thrailkill's answer
The executor is responsible for administering the will and distributing property pursuant to the will after paying off the debts of the estate. Pension and life insurance would not likely pass through the probate process, as you can typically assign death beneficiaries for those. You can contact the executor or contact the pension and life insurance companies directly to get answers as to whether you are on those policies or not.

Q: My mom recently past and my sisters are keeping me out of any estate info. How do I protect my inheritance?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Answered on Apr 16, 2019
Phillip William Gunthert's answer
Very sorry for your loss on the passing of your mother, please accept my condolences.

If a Will exists, it should be submitted to the clerk of the court in the county where your mom lived within 10 days. If your sisters are unwilling or unable to pursue probate, then you may want to step up and get a probate attorney and pursue becoming the named personal representative. While you are correct that an estate should not be handled in the manner that it currently appears to be getting...

Q: Do you have experience in probation violation

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Answered on Apr 15, 2019

Q: If I am a felon. And I violated my probation with a misdemeanor of shoplifting under 500 what will happen

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Answered on Apr 15, 2019
Timothy Denison's answer
Same answers as the last two you posted this question.

Q: Being sued by previous car lender, with issues.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.

Q: What can I do if someone is the executor and run off with the money and don't pay any bills?

1 Answer | Asked in Probate for New Jersey on
Answered on Apr 15, 2019
Noel Rivers' answer
If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the executor removed and ask the court to appoint somebody else as the executor.

Q: What are the possible outcomes for a person that first time Violatedtheir probation by picking up a crime of shoplifting

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Answered on Apr 14, 2019
Timothy Denison's answer
1) Revocation and incarceration

2) Revocation and continued probation

3) Withdrawal of revocation motionif shoplifting case dismissed.

Q: What happens if someone violates probation for the first timeWhat is the outcome As in they pick up a new case

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Answered on Apr 14, 2019
Timothy Denison's answer
Depends on several factors, such as judge, prosecutor, severity of new charges, resolution of new charges, probation officer, etc! Generally lighter on first time violators that repeat.

Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
Answered on Apr 14, 2019
Lauren Nagel Richardson's answer
You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the...

Q: Wat is IAEA powers & gettin bonded mean? I'm Admn.of estate and had previously asked how can i use money frm block acct?

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Probate for California on
Answered on Apr 13, 2019
John B. Palley's answer
Generally speaking only people who have not planned end up with a blocked account and without full IAEA authority. I typically see this done by pro pers and by lawyers who don't know what they are doing. There are other situations but that's a generalization by me.

IAEA means the Independent Administration of Estates Act. Without FULL IAEA authority you need to go back to court to confirm the sale of real estate. This is hugely problematic as you can lose buyers in the process. Full...

Q: My sister, a New Jersey resident, has passed away leaving more debt than assets. What will I have to do to for probate

1 Answer | Asked in Probate for New Jersey on
Answered on Apr 13, 2019
H. Scott Aalsberg Esq.'s answer
In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an attorney walk you through the process.

Q: the administrator of my mom estate has turned down two offers to buy the house. foreclosed can make a claim probate bond

1 Answer | Asked in Probate for California on
Answered on Apr 13, 2019
Bill Sweeney's answer
In its present form, I am unable to understand your concern. Please restate your question and be more specific on the facts supporting your question.

Q: Do i need a reason or show probate judge why i need to withdraw funds frm block acct.,how long does this process take?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 12, 2019
Jeffrey Louis Gaffney's answer
When you file the petition form to get funds from the blocked account, you have to fill in exactly who will be getting the money and the purpose of the payment.

How long it will take depends on your court and how backed up they are. Expect a few weeks at most.

Q: 5yrs later my dad hasn’t probated the will. There’s a trust. It says we can claim when we hit 30 yrs of age.

1 Answer | Asked in Probate for Texas on
Answered on Apr 12, 2019
Tammy Lyn Wincott's answer
If he never probated, you may need to file a show cause action in the appropriate jurisdiction. You would be demanding he appear in court and explain why the will was never probated.

Q: Can you conduct a Summary administration (one real-property asset) in NC if the adult children renounce? (no will)

1 Answer | Asked in Probate for North Carolina on
Answered on Apr 12, 2019
Charles Evan Lohr's answer
There is likely a better option than summary administration. Feel free to give me a call to discuss.

Evan Lohr


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