Probate Questions & Answers

Q: What happens when an informal petition has been denied in Massachusetts? Is a formal petition

1 Answer | Asked in Probate for Massachusetts on
Answered on Oct 22, 2018
Lillian J. LaRosa's answer
There are amendments permitted under certain circumstances. lf amendment will not work you will need to start over again with a Formal Petition, however, and you will also need to pay a new filing fee. The Formal and Informal processes are similar, but not identical . There were reasons for the rejection which are various and I cannot speculate. You should consider hiring a Probate attorney who will be familiar with the process and this will save you wear and tear and time.

Q: What happens if a person takes all important papers and shreds them then filed probate

1 Answer | Asked in Probate for Arizona on
Answered on Oct 22, 2018
Ryan K Hodges' answer
Depending on what documents were shredded and how the contents of the documents would have changed the probate process, you can contest the probate and try to establish the content of the documents by other means. Perhaps the drafting attorney retained a copy.

Q: I was hired by the executor to clean an estate (biohazard case), there are no heirs or will but I haven't been paid....

1 Answer | Asked in Probate for Arizona on
Answered on Oct 22, 2018
Ryan K Hodges' answer
You should contact the executor who hired you and seek payment from the estate or him or her directly.

Q: My brother filed A probate to become the independent executor can I object .

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Illinois on
Answered on Oct 22, 2018
James G. Ahlberg's answer
You can show up on your own, though your odds of success should increase if you have an attorney. If your brother has an attorney, you should definitely have one. If you hire an attorney, bring him or her a copy of the will to review when you meet.

Q: My brother is first executor in a will and there is a second and third executor named. If my brother designates me to be

1 Answer | Asked in Probate for California on
Answered on Oct 21, 2018
Bill Sweeney's answer
A Will can name a list of people to act just in case the first one cannot do so. Anyone named in a Will has priority to act and can take charge of the estate. Before your brother can be appointed it is likely the court will require declinations to serve from all executors and successor executors named in the Will.

Q: In LA County, if the decendent has no creditors at all, what do you file with court so court knows?

1 Answer | Asked in Probate for California on
Answered on Oct 20, 2018
John B. Palley's answer
At the outset of the case la county requires a declaration regarding creditors to determine if bond is required. I believe it’s listed in their local rules on the court website. At the end of the case you’ll also make a statement about the lack of creditors in your final petition or accounting to the court which is usually called the first and final report. Good luck.

Q: I have a brother who is 86 yrs old and has dementia.

1 Answer | Asked in Probate for Michigan on
Answered on Oct 20, 2018
Trent Harris' answer
No, you wouldn’t be personally responsible for the protected individual’s debts unless you co-signed for him, signed a personal guarantee, or you signed him up for financial obligations knowing he couldn’t pay (fraud). If you mismanage the protected person’s money, you could be liable to him or his estate.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation, before choosing to rely on information you get from Internet...

Q: I live in MI amd my dad just passed away in KY with no will. What are my legal obligations as far his debt/personal prop

1 Answer | Asked in Probate for Kentucky on
Answered on Oct 19, 2018
Timothy Denison's answer
You do not have any legal obligations and you cannot be held to pay any of his debt. Girlfriend would need her own attorney to try and establish possession.

Q: Problem with administrator ( also a benifecary) not communicating with the only other equal benifecary, its been 15month

1 Answer | Asked in Probate for Kentucky on
Answered on Oct 19, 2018
Timothy Denison's answer
You can hire an attorney and bring it before the Court to determine value and sale.

Q: Administrator of estate without a will, also equal benifecary, wants to buy the real estate ( which is main asset)

1 Answer | Asked in Probate for Kentucky on
Answered on Oct 19, 2018
Timothy Denison's answer
The administrator can’t sell the property without permission of the probate court. The court will require a full accounting.

Q: I have copy of a elderly gentlemans will, who my mother in law and I took care of for past 15+ years. He was 88.

2 Answers | Asked in Probate for Tennessee on
Answered on Oct 19, 2018
Leonard Robert Grefseng's answer
You must submit the will for probate in order to confirm his desire to make you the recipients of his estate. Contrary to much misinformation which is popular for those individuals selling living trusts, etc, for most estates, the probate process is simple and inexpensive. Consult an experienced probate lawyer ( and shop around, talk to more than one) for the specifics of your situations.

Q: On a will signed by all now, funds were to be released this week NOW broker is needing Letter of Testamentary?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Oct 19, 2018
Tammy Lyn Wincott's answer
A will must be probated in Court before it is considered valid. The named executor is usually the person to apply for probate and the original will is presented to the Court. If a Court finds the will is legal then they will issue Letters Testamentary to the Executor, usually the same day. Most Courts in Texas require the Executor to have an attorney.

Q: My Mom has some money put away to pay

1 Answer | Asked in Probate for Louisiana on
Answered on Oct 19, 2018
Douglas Lee Bryan's answer
I would suggest making sure that another family member's name is on the account to ensure that it can be accessed after your mother's death. If not, the bank will likely freeze the account until someone is appointed to handle her estate. Another option would be for your mother to pre-arrange her funeral.

Q: My adult brother has passed, our mother paid to have an apartment over his detached garage built. ($108K). 1 month later

2 Answers | Asked in Probate for Maryland on
Answered on Oct 19, 2018
Richard Sternberg's answer
There are multiple potential arguments, but you need to review all of the facts with a competent attorney. Some interesting issues to explore include whether there was a lease arising from the written communications of your mother and your brother; whether the development has unjustly enriched the estate; and whether there was an agreement that defined the work and the benefit to your mother. There may be other potential issues in elder abuse, but that sounds unlikely from the facts as...

Q: In Informal Probate Testate, does everything need to be included in the Inventory or just items not disposed of in Wil?

1 Answer | Asked in Probate for Arizona on
Answered on Oct 19, 2018
Ryan K Hodges' answer
You need to list everything that is part of the estate including items given in the will. However, you can use broad categories for smaller items like household goods and furniture.

Q: son died 7/6/2015, mother died 5/5/2016- does grandson have rights to will proceeds in Arizona

1 Answer | Asked in Probate for Arizona on
Answered on Oct 18, 2018
Ryan K Hodges' answer
Whether the grandson has rights will depend on what the will says. If there is no will, then the grandson would have rights to his dad's share of the estate.

Q: My Father passed leaving a Will that left 100% of everything to me an only child. My Uncle filed a claim of $56,600.

2 Answers | Asked in Probate for Tennessee on
Answered on Oct 17, 2018
Anthony Marvin Avery's answer
You will need to file an Exception to his Claim at Probate Court. You probably will defend that there was no contract for his services. Also in this case, he was paid for everything he did already. It was obvious that he would file such a Claim when he called you. So why did you Probate the Will? You were his only Next-Of-Kin and Heir-At-Law and would take everything. Now you will have to try his Claim. You should have talked to a competent attorney prior to Probate where you were asking...

Q: How long does an executor have to distribute funds once final approval is given in court?

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Oct 17, 2018
Richard Winblad's answer
If the assets are liquidated, taxes and creditors paid, it shouldn't take long.

Q: I son just passed the mortuary gave my son's remains to one of his old friends they are not even family .I filled out an

1 Answer | Asked in Probate for California on
Answered on Oct 17, 2018
Richard Samuel Price's answer
Did your son leave a will, advance health care directive, or any other written document that gave his friend the authority to dispose of his remains? If so, then he would have the ability to do with the remains as instructed. If not, then you can petition the probate court for the friend to give the remains to you (if you have the priority in Health & Safety Code section 7100).

Q: And I sue the probation department?

1 Answer | Asked in Criminal Law, Federal Crimes and Probate for California on
Answered on Oct 17, 2018
Dale S. Gribow's answer
MORE INFO NEEDED

ANYONE CAN SUE AT ANY TIME. THE PIVOTAL ISSUE IS USUALLY WILL YOU PREVAIL AND DO YOU HAVE THE FINANCES TO HIRE A LAWYER.

HOW MUCH WAS THE AMOUNT OF THE CHECK?

MAYBE A LAWYER WOULD TAKE THE CASE ON A CONTINGENCY IF THE AMOUNT WAS SUFFICIENT OR YOU CAN PAY A LAWYER ON AN HOURLY.

I WOULD THINK YOU COULD HAVE A STOP PAYMENT ON THE CHECK AND HAVE A NEW ONE ISSUED????

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