Probate Questions & Answers by State

Probate Questions & Answers

Q: Mom and Dad had everything in both names. Do we need to go to probate with Dad\\\\\\\\\\\\\\\'s passing?

1 Answer | Asked in Probate for Georgia on Aug 30, 2015

Answered on Aug 31, 2015

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Robert Jason De Groot's answer
Probably not, but go see a probate attorney to be absolutely sure.

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Q: My father recently passed away, prior to his death he dictated and signed his final wishes. What do we do now?

1 Answer | Asked in Probate for Colorado on Aug 30, 2015

Answered on Aug 31, 2015

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Robert Jason De Groot's answer
Go see a local probate attorney for legal advice on what needs to be done.

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Q: Father has left me money inheritance in PR, I live in Boston, MA. How can I go forward with this?

1 Answer | Asked in Probate for Massachusetts on Aug 27, 2015

Answered on Aug 28, 2015

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Terrence H Thorgaard's answer
Has a probate case been filed in Puerto Rico? Have you received official notice if the filing of that case? Contact an attorney in Puerto Rico.

By the way, if you are over the age of 18, in most states as well as in Puerto Rico you are no longer considered a minor. So the fact that you are not yet 21 doesn\'t make any difference.

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Q: legal advise regarding property and childen in Puerto Rico

1 Answer | Asked in Probate for New Jersey on Jun 24, 2015

Answered on Aug 28, 2015

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Leonard R. Boyer's answer
You need to ask an attorney in the Puerto Rico section. Good luck.

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Q: I live in N.C. & my father just passed away. He was never married & I'm the only child ,I'm 20 years old !

1 Answer | Asked in Probate for North Carolina on Jul 27, 2015

Answered on Aug 25, 2015

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Catherine E Bruce's answer
You need to file to be appointed as Administrator or Executor of your father\'s estate at the Clerk of Court\'s office in the county in which your father lived at his death. That will give you the ability to recover property taken from the estate, and the authority to gather, preserve, and distribute his remaining assets.

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Q: it's been over 2 years and there were no claims for medical bills after the public add ran for estate should we inquire?

1 Answer | Asked in Probate for North Carolina on Aug 7, 2015

Answered on Aug 25, 2015

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Catherine E Bruce's answer
There are effectively three parts to your question. First, will the sale of the property at this point be valid against creditors. Second, will the creditors be able to claim the funds from the sale. And third, can you be personally liable as Executor to additional creditors.

FIRST:

If real property is sold by the heir(s) and the Executor after the first notice to creditors, the sale is considered binding on creditors. So a sale at this point, two years later, should be valid...

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Q: Legal or Not?Father passed away one day after signing deed for land over to one of two children.

1 Answer | Asked in Probate for North Carolina on Aug 24, 2015

Answered on Aug 25, 2015

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Catherine E Bruce's answer
First of all, you will not be liable for the estate’s debts simply because you are the son of the decedent. The debts of a decedent do not pass on to his devisees. If the debts outweigh the value of the decedent’s assets, the creditors will each only get a prorated portion of what is owed to them. Their claim will then effectively be wiped out.

However, the entirety of the estate must be brought in to pay creditors before that debt disappears. If they are needed to pay the creditors...

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Q: my brother passed away in 8/14 in north carolina. no one in the family was notified.

2 Answers | Asked in Probate for Georgia on Aug 24, 2015

Answered on Aug 25, 2015

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Julie A. Rice's answer
Seek the advice of a Texas attorney. This has nothing to do with GA.

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Q: If parent in RI passes away before selling car to me does this have to go through probate?

1 Answer | Asked in Probate for Rhode Island on Jul 25, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
If you were not on the title at the time of death, it may be necessary to go through probate. If the car is the only asset, it will be a very simple case. Meet with a local probate attorney to discuss the details and particulars.

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Q: Who can tell me when the probate hearing is after a death in family

1 Answer | Asked in Probate for Texas on Aug 22, 2015

Answered on Aug 23, 2015

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Robert Jason De Groot's answer
Go see a local probate attorney about this.

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Q: how can I dispute a distribution settlement in arbitration court ?

1 Answer | Asked in Probate for New Jersey on Jul 15, 2015

Answered on Aug 22, 2015

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Leonard R. Boyer's answer
Your question as written does not make sense, please rewrite it.

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Q: Mom died no will. no spouse,2 daughters.I live in her home, can I get the home in my name, no probate?

1 Answer | Asked in Probate for Nevada on Apr 3, 2015

Answered on Aug 19, 2015

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Jonathan Craig Reed's answer
You will need to do a set aside probate proceeding if you pay off the medical bills or a summary probate proceeding if you want to try and avoid paying the medical bills.

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Q: I would like to know what happens to an estate if there is no will and there is no next of kin that claims it?

1 Answer | Asked in Probate for Nevada on Apr 23, 2015

Answered on Aug 19, 2015

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Jonathan Craig Reed's answer
If the estate consists of financial account, they will be turned over to either the county or state treasurer. Eventually the state will claim the funds through the process of escheat. Then the next of kin will have five years to sue the state to get the money back. Before the escheat happens, though, the funds will probably be in the unclaimed property division of the state treasurer where they can be claimed by the next of kin through a simpler probate process.

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Q: My dad died & there is no will. He owns property. He has 2 kids, plus a step son. How do I start probate? Am I entitled?

1 Answer | Asked in Probate for Nevada on Jun 21, 2015

Answered on Aug 19, 2015

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Jonathan Craig Reed's answer
If there was no will and he left two biological adult children and a step son who he did NOT legally adopt, you and other biological child should share in the estate, unless the other biological child is a minor and the value of the estate is not more than $100,000 in which case the minor child has priority. You start probate by calling a lawyer. However, the lawyer will immediately ask you what assets your father left. For example, did he own a home? If so, what is it worth after deducting the...

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Q: My brother died intestate. I am the beneficiary of his IRA and group life ins. Is this part of probate?

1 Answer | Asked in Probate for Nevada on Jul 22, 2015

Answered on Aug 19, 2015

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Jonathan Craig Reed's answer
No. If a financial account such as an IRA or life ins. has a named beneficiary who is alive, the asset does NOT go thru probate and you may make your claim by submitting a death certificate to the institution holding the money.

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Q: Parents died w/bene deed transf ownership of home to kids to share as equal property. Are sale proceeds part of estate?

1 Answer | Asked in Probate for Arizona on Jun 11, 2015

Answered on Aug 17, 2015

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Adam Studnicki's answer
There aren't a lot of lawyers on this site answering Arizona probate questions. You can use the Find a Lawyer tool to look for lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...

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Q: If probate is re-opened are creditors re-notified in case they wish to file a new claim?

1 Answer | Asked in Probate for Arizona on Jul 20, 2015

Answered on Aug 17, 2015

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Adam Studnicki's answer
There aren't a lot of lawyers answering probate questions here under Arizona. You can use the Find a Lawyer tool to look for lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant...

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Q: my brother ignored a court order to show estate . what do I do next?records

1 Answer | Asked in Probate for New Jersey on Jul 31, 2015

Answered on Aug 14, 2015

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Leonard R. Boyer's answer
You must retain an attorney to bring a Motion before the Court to compel compliance. Good luck.

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Q: Can PR of my mother's estate, list her home for sale, while the estate is in probate? When is legal/allowable to do so?

1 Answer | Asked in Probate for Maryland on Aug 7, 2015

Answered on Aug 13, 2015

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Paul E. Draper's answer
One of the primary duties of the personal representative is to marshal the decedent's assets. As part of this duty to marshal assets, Maryland law explicitly authorizes the personal representative the right to sale the decedent's assets including real property. After an estate is opened, the personal representative can moved forward with selling the decedent's assets at any time. There are limitations on this right, but are restricted to particular situations in which the real property is...

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