Probate Questions & Answers by State

Probate Questions & Answers

Q: Do I have to open probate in Florida?

1 Answer | Asked in Probate for Florida on May 21, 2015

Answered on May 22, 2015

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Robert Jason De Groot's answer
More facts are needed in order to advise you. Where did all of these people die? Generally an estate must be filed where the decedent resided.

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Q: If my dad who lived in alabama dies and does not have a will does everything go to my stepmom or am I entitled to anyth

1 Answer | Asked in Probate for Alabama on Mar 29, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
good news, everything does not go to your step-mother. She is entitled to half plus half the balance of the estate, plus some living exemptions. The first $15,500 case.

Please call if I can help Ingram Law LLC 205-335-2640

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Q: no will,both married,step father died one month before my mom did.papers say,step father sold house to my mother,

1 Answer | Asked in Probate for Florida on May 13, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
I do not have enough facts to answer this question. Go see a probate attorney for a full discussion of the issues.

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Q: if a person dies with out an estate ,money ,property or valuables do you still need to go threw probate

1 Answer | Asked in Probate for Florida on May 8, 2015

Answered on May 10, 2015

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Robert Jason De Groot's answer
If there was nothing in the individual's name like personal property, a bank account or a vehicle, or real estate there may not need to be a probate. Go see a probate attorney about this.

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Q: If someone's will was never found, but had a substantial amount of estate, does it NEED to go through probate?

1 Answer | Asked in Probate for New York on Feb 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
If there are probate-able assets, then yes it has to go through Surrogates Court- either probate or by administration (without a will). Usually you'll find you won't be able to even access the money/assets without Letters by the Court. Good luck.

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Q: I just found out that my sister was born before my parents got married. Before my dad died he did not want her to inher

1 Answer | Asked in Probate for New York on Feb 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
I hate to give advice on questions like this because this is obviously more involved than one sentence. Call a probate attorney and schedule an appointment because I know you're going to have 10 follow up questions. Many give free consultations. Good luck!

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Q: How do I force payment of judgement on dead mans estate if his kids won't start probate . NY Law . Personal judgment .

1 Answer | Asked in Probate for New York on Mar 11, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
You bring a creditor's petition. Hire a probate attorney for it, it will get involved. Good luck.

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Q: My sister passed away w/out a will and the property she owns is only in her name and she was married, probate court?

1 Answer | Asked in Probate for New York on Mar 14, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
Probably yes. Need to parse out the family tree a bit to give specific advice.

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Q: My father died in Florida, my brother lives in Oregon and I live in NY. I need an attorney and I don't know which state

1 Answer | Asked in Probate for New York on Mar 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
Usually probate is conducted in the county in which the decedent was domiciled. That's where I would get my attorney. Good luck.

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Q: My mom died I'm only living son I don't know how to contact her estate attorney

1 Answer | Asked in Probate for New York on Mar 22, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
You don't have to contact hers. You can contact any estate attorney and they can get the ball moving. Good luck.

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Q: My dad passed and left house and property to me and I am the only living person, do I need attorney to get house my name

1 Answer | Asked in Probate for New York on Apr 9, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
If you have to go through a full probate proceeding I would suggest yes. It's complicated, can take years, and is stressful. Why not hire someone to do it right? Good luck.

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Q: what happens if all the Aires in a probate case don't agree

1 Answer | Asked in Probate for New York on Apr 12, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
It my fall into litigation if there isn't harmonious agreement. Most wills usually state who the executor will be. If that person is not able or willing, usually there is a successor.

My gut says you may be having problems with the waiver and consents and it might be time to get some help.

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Q: Father passed away. He had stock accounts with my mother ( joint tenancy). Are those accounts subject to probate?

1 Answer | Asked in Probate for New York on Apr 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
So if they were truly jointly held, probably not. I'd have to see the actual account to give a real answer. Good luck.

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Q: My Mother (NYC/Manh. resident, died in 2013), named me in Will. Where can I learn the total value of Estate.

1 Answer | Asked in Probate for New York on Apr 24, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
I would start small and check the Court file. If you don't know how or don't have the time, contact a ny probate attorney and he/she will certainly by able to help you figure this out to the best of their ability. Good luck.

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Q: I live in my mothers house for 50 years. She passed away a year ago. My brother is Executir of the will. It says 50/ 50.

1 Answer | Asked in Probate for New York on Apr 26, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
There is something called a partition action that can force the sale of the house. If you're on good terms with your brother or not, an attorney isn't a bad idea in this situation. He/she can help you hammer out some of the issues and guide you through Surrogates Court. Good luck.

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Q: My dad passed away and left everything to us 5 children he died Dec 5 2012 the house sold in October 2014 yet no money

1 Answer | Asked in Probate for New York on Apr 30, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
There's obviously more facts that need to come out. Most attorneys will do some provisional fact-finding work for you at a reasonable rate so that you can make an educated decision whether you have a case to make or not. There are usually many variables going on in an estate, and it's essential to gather the information before jumping into a cross petition or objections- whatever the case may be. Good luck

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Q: What it 2 siblings do not get along, when can they have 2 separate probte lawyers

1 Answer | Asked in Probate for New York on May 5, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
Anyone can hire an attorney to represent their interest in Surrogates Court during a probate petition and sometimes it is necessary if your interests are not being represented. Speak to a probate attorney to explain your exact situation and he/she will be able to guide you.

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Q: Estate lawyer passed away during probate

1 Answer | Asked in Probate for South Carolina on May 4, 2015

Answered on May 6, 2015

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Andrew "Andy" Potter's answer
If I understand your question, your oldest sister is the executrix of the will. She is in charge of the estate while it is in probate court. She is the one who will need to retain a new lawyer for the estate so that everything can be finished out properly. I would encourage her to hire an experienced probate attorney immediately. I cannot answer the other parts of your questions without more information.

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Q: Grandmother passed no will.Wanted me included with her 3 kids.now they dont want to what can i do she raised me

1 Answer | Asked in Probate for Florida on Apr 29, 2015

Answered on Apr 30, 2015

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Robert Jason De Groot's answer
You need to actually go see a probate attorney about this, but I am afraid there will be nothing that you can do.

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