Probate Questions & Answers

Q: My mother died recently. Her only property was a small home worth about $80,000 which she owned free and clear.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on May 29, 2017

When you say you have the deed, do you mean physically hold the deed or it has been put in your name? If a deed is not in your name and a will is known to exist, it's necessary to request that will be admitted to probate and have a judge declare it valid otherwise it doesn't mean anything and gives no legal standing.
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Q: If I am listed as a spouse on a death certificate may I legally change my name

1 Answer | Asked in Family Law and Probate for Texas on
Answered on May 29, 2017

One has nothing to do with the other. A person can generally change their name in Texas whether they do it because of marriage or not.
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Q: I have a Notice of Excess Funds. Is there a way to extend the deadline?

1 Answer | Asked in Foreclosure and Probate for Texas on
Answered on May 29, 2017

I suggest consulting directly with an attorney on this as a lot more details would need to be known before any good advice can be given. Further, don't take or not take action according to answers you receive on a forum. Forums are good for general information; however, they are not meant to give direct advice and do not create any attorney/client relationship.
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Q: Is it right for the probation officer is doing?

1 Answer | Asked in Criminal Law and Probate for Texas on
Answered on May 29, 2017

This question does not belong in the "probate" category as "probate" refers to the handling of a deceased person's estate and is not the same as probation. Please re-ask under the appropriate category.
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Q: as alternate beneficiaries of a will in md can you list both children and grand children

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on May 29, 2017

Yes, but every time I've seen this done by a lay person using some Internet form, they've done it incorrectly, and I quietly hope to get one of the sides of the eventual litigation. It is important to distinguish between beneficiaries and contingent beneficiaries, as well as between per capita and per stirpes descent.
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Q: Per the divorce decree, ex must pay half of jointly owned home value upon her relocation. He won't cooperate. Now what?

1 Answer | Asked in Probate and Divorce for California on
Answered on May 29, 2017

Without expressing any opinion on the validity of the underlying obligation, in general, an executor gathers together all the assets of the estate. Sometimes that involves filing suit against those who owe debts to the decedent. Nevertheless, it may not be a good idea to wait, and your aunt should be dealing with this now, even though she is afraid.
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Q: I need some help with beginning a probate case for my mothers property.

1 Answer | Asked in Probate for California on
Answered on May 29, 2017

It sounds like you would prefer to handle this using an attorney as a consultant, rather than simply hiring one to represent you as executor or administrator. You may be able to accomplish your goals through limited scope representation. See, for example, http://limitedscopecounsel.com/how-can-it-work-for-me/
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Q: Can a notarized will in FL be valid in Puerto Rico?

2 Answers | Asked in Probate for Florida on
Answered on May 29, 2017

Very sorry for you situation. You state your mom has a living will. I assume that you mean a last will and testamant. A last will and a living will are two entirely different documents so I will assume you meant last will. A will to be valid in Florida must be in writing and signed by the testator or testatrix in the presence of two witness. A notary is not necessary to make the will valid. However most attorneys add a self proving affidavit to a will at the same time as it is signed as it...
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Q: How does the process work if it 4 kids both parents passed and the house had a lien one of the children paid it off

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Answered on May 29, 2017

This needs to be reviewed by a lawyer who practices probate law in the county where your parents lived. Is there a valid Will? Is there a living trust, and is the house in it? If one child paid off the lien, that may entitle them to contribution, but it doesn't entitle them to the house.
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Q: My children inherited a house in extremely bad condition from their father. We're not sure the sensible steps to take.

2 Answers | Asked in Real Estate Law, Tax Law and Probate for New York on
Answered on May 27, 2017

Call a local realtor and see what the property is worth. It may have a negative value if you have to pay to tear down the house.
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Q: My mother passed awayvand left my sister and i 2 homes .now my sister is selling the homes with out my permission.

2 Answers | Asked in Civil Litigation, Probate and Real Estate Law for California on
Answered on May 26, 2017

Probably not, but it depends on all the facts, and the way the properties were left. Did they pass by will or by trust? Was your sister appointed administrator or executrix of the estate? These are things you should discuss with a probate attorney..
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Q: As an Heir in a Will, can I get bank records of the deceased and a receipt of sale of car, prior to Probate Court?

1 Answer | Asked in Probate for New York on
Answered on May 26, 2017

If the transfer was made before death it's a gift and unfortunately there is no recourse.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
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Q: I have received a citation for Probate Court in New York and I live in Oregon. How can I address my concerns?

1 Answer | Asked in Probate for New York on
Answered on May 26, 2017

Hire a lawyer to appear for you. Those are the choices. You come yourself, or have a lawyer.
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Q: A person marries a person who already owns a property and the non owners name is not added to ownership of property.

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on May 26, 2017

The non-owner has neither rights nor obligations, just by virtue of being the decedent's spouse. Thus, the non-owner is not responsible for the property, but the non-owner also has no right to continue to occupy it and would have to move out.

However, if an estate is opened and the property is distributed under the intestate laws (since there was no Will), the property would pass to the surviving spouse and any children of the deceased spouse. At that point, because of the...
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Q: Dad died, left a simple will naming my mother as executor and the recipient, basically just a house in the estate.

1 Answer | Asked in Probate for Georgia on
Answered on May 26, 2017

Unless the house was owned by your father and mother as joint tenants with right of survivorship, and all other property was owned so that it passed directly to your mother (e.g., a joint bank account), then a probate proceeding would be necessary to transfer the property owned solely by your father to your mother. There are at least a couple of options as to what type of probate proceeding should be used. I recommend that your mother consult with a qualified probate attorney to determine...
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Q: As one beneficiary on a bank account, how can I collect my share of funds if another beneficiary won't cooperate?

1 Answer | Asked in Estate Planning, Family Law, Banking and Probate for Maryland on
Answered on May 25, 2017

Sue her and/or the bank.
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Q: What happens when a will is not probated within 5 years of $100,100.

1 Answer | Asked in Probate for Arkansas on
Answered on May 25, 2017

The will cannot be probated if it is 5 years after the date of death of the decedent. Depending on what type of assets they are - land, bank account, cars - you can use different documents to transfer the interest. You should contact a lawyer to assist you.
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Q: Can I file probate papers without an attorney in Florida.

5 Answers | Asked in Probate for Florida on
Answered on May 25, 2017

In Florida, a attorney is required for probate matters. Best wishes in getting the probate completed.
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Q: I am working on final distribution do I include residue of the estate or only if it is mention in will?

1 Answer | Asked in Probate for California on
Answered on May 25, 2017

San Jose, CA:

I do not mean to seem rude or unhelpful, but I believe you are the same person who has posted multiple questions looking for a step-by-step guide in how to complete your Petition for Final Distribution in a probate matter in which you are appearing pro per (without a lawyer.)

This is not the forum for such advise. The Justia ask a lawyer program, as I understand it, is for basic answers, not an ongoing dialog or for detailed step-by-step instructions.

As a...
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Q: Must a Will be filed with Probate court if no dispute and no property?

1 Answer | Asked in Probate for Georgia on
Answered on May 25, 2017

You are required to file the Will NOT FOR PROBATE with the probate court in the county where your mother lived. You are not required to file the will for probate if there is no property that needs to pass through the estate. It sounds like that is the case for you.
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