Probate Questions & Answers

Q: We have a signed contract on a property that is in probate and are supposed to close next week. Apparently title

2 Answers | Asked in Probate for Florida on
Answered on Jul 26, 2017

There is not enough information to know for sure. If the property is subject to a Summary Administration, the title would pass when the Judge signed the final order and the new owners would sign at closing. If the probate is not finalized, all of the heirs could sign to expedite the closing possibly, but Summary Administrations are not typically long procedures. If it is a Formal Administration, the Personal Representative should have authority to sign the deed at closing, so it is not clear...
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Q: Mom died in 2016,brother removed from court as her poa in jan.2016,I'm administrator now can I sell house without him

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Virginia on
Answered on Jul 26, 2017

Your question is too hard to understand as stated, and you should see a lawyer to discuss your situation. But, it does seem you are asking whether a person holding a power of attorney has continuing power after their principal dies. That is clear: a power of attorney dies when the principal dies unless it has been voided earlier or unless the decedent named the agent as her executor in a Will. He has no power under the power of attorney once she dies. While the title to the house passes to the...
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Q: I am a trustee for my mother's estate. She wants to visit Italy with my sister and her family.

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Jul 26, 2017

San Diego:

So, I take from your question that you are the Trustee of your a trust for your Mother's benefit. She requested an expenditure so she may take a vacation.

Whether or not you are authorized to make the distribution will depend on the language of the trust and its purpose. For example, if it is a standard estate planning trust, generally the settlor (who establishes the trust) has the absolute right to demand payment for any reason.

However, if it were a...
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Q: My father died 5.5 years ago. His family intentionally kept the information from me. I am his only child. Rights? Do I?

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Jul 26, 2017

You need to search for assets he owned at death. You should start at the County he lived in or frequented, and go to the Assessor and the Register of Deeds. Check for any Probate activity at the probable County's Chancery or Probate Court. If you find some land he owned you may be able to set aside the conveyances and assert ownership as the Sole Heir-At-Law. However claiming money, jewelry, firearms or securities would be difficult.You did not provide enough information. Should...
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Q: My fathers estate was probated 6/16. What is my recourse if I suspect forgery/check fraud from an account that they were

1 Answer | Asked in Probate for Virginia on
Answered on Jul 26, 2017

You need to consult with an attorney. Depending on the facts could determine if you have a claim against the fiduciary of the estate.
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Q: My mother passed away and we had CD's in both of our names. However, the bank is asking for a Letter of Administration

1 Answer | Asked in Probate for Missouri on
Answered on Jul 26, 2017

No, you DO need representation. If you don't know how to do this yourself and you need help, whoever is going to help will be representing you. If you can figure this out on your own, then yes, you don't need representation, but you also don't need the guidance of someone on this forum either.

Seriously, there are a lot of things going on here, and without actually SEEING the documentation and title of the account, it is impossible to know what to file with the court. This may be a...
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Q: My mother is the beneficiary of my late brother's 401k. Are any of the proceeds from that required to pay bills in NC.

1 Answer | Asked in Probate for Ohio on
Answered on Jul 26, 2017

Whose bills in NC, brother or mother? Was a probate estate opened for either of them? You'll need to use the Find a Lawyer tab to consult a local probate attorney to assist you.
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Q: Is an executor of an estate responsible for the debts of an estate in Virginia?

1 Answer | Asked in Civil Litigation and Probate for Virginia on
Answered on Jul 26, 2017

The Estate is liable. The Executor is not liable.
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Q: How long can executor keep probate open in Alabama? I'm told that there is no time limit for closing probate in Alabama

1 Answer | Asked in Probate for Alabama on
Answered on Jul 25, 2017

I'm sorry, but you've posted this question under California. You will need an answer from an attorney in Alabama. Please repost your question under Alabama.
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Q: Do Trust Promissory Notes belong in Civil or Probate Court?

1 Answer | Asked in Probate and Contracts for California on
Answered on Jul 25, 2017

My best answer is that you need an attorney to look over the Promissory Notes to tell you what kind of lawyer you need.

This is partly due to the fact that you are calling them "Trust Promissory Notes." Another complication is you do not say which type of trust you are administering. (The process in a decedent's administrative trust may differ from a trust established to handle a minor's finances which will differ from a revocable living trust while the settlor/trustee is alive.)...
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Q: Mother made will devising real property to three children. Same day executed deed to herself and son as tenants by the

1 Answer | Asked in Civil Litigation, Real Estate Law, Estate Planning and Probate for North Carolina on
Answered on Jul 25, 2017

You don't say where the property is located, but 'tenants by the entirety' is a form of ownership limited to married couples ... I believe EVERYWHERE that has such a form available.

SOMETHING is wrong here. BUT that said, property deeded during life does NOT go through probate. Once one person in a joint ownership with rights of survivorship passes, the other person owns outright, and can re-title, mortgage, sell or otherwise dispose of the property freely.

Without seeing ALL...
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Q: My grandfather's wife passed away. Can I contest her will if I am not named in it?

2 Answers | Asked in Estate Planning, Family Law and Probate for California on
Answered on Jul 25, 2017

Anyone with an interest in the estate can file a will contest. Were you previously named in the will and then you were disinherited? You call her your grandfather's wife; does that mean that she is your step-grandmother?
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Q: Mom lived in GA for one year and opened up a bank account. When she died, it had under $900 in it, bank won't release.

2 Answers | Asked in Estate Planning, Banking and Probate for Georgia on
Answered on Jul 25, 2017

If your mother passed away in New Jersey, you will need to proceed under New Jersey law. If Georgia, then Georgia law. Ultimately, if the bank is located only in New Jersey, you will need to follow New Jersey law to get the money from the bank.
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Q: Uncle forged life insurance policies my mother had and I was the beneficiary, is there something that can be done?

1 Answer | Asked in Criminal Law, Identity Theft and Probate for California on
Answered on Jul 25, 2017

You can report forgery crimes to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: How can I become a foreign executor of an estate in Georgia when I live in Tennessee?

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Answered on Jul 25, 2017

You will need to contact a Georgia probate lawyer to begin either an original probate proceeding or an ancillary proceeding in Georgia (ancillary to a Tennessee probate case, if one has been commenced). The Georgia lawyer may be able to get you appointed, depending on your relationship to the deceased or the type of interest you have in the estate, and perhaps may serve as your local agent or representative in the probate matter. Contact an experienced Georgia probate lawyer for specific...
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Q: If I have been sued and die does the lawsuit continue to pursue my estate?

1 Answer | Asked in Civil Litigation and Probate for New Jersey on
Answered on Jul 25, 2017

Unfortunately, Yes the people who are suing you will go after your estate, just because your dead does not mean that you did not die with assets.
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Q: What is the statute of limitations to file a claim for undue influence?

1 Answer | Asked in Civil Litigation and Probate for California on
Answered on Jul 25, 2017

It depends on the facts and the devising instrument. E.g., see: http://codes.findlaw.com/ca/probate-code/prob-sect-16061-8.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: Step mom is executor of my dad's estate (ny)I'm his only kid can I get everything that was in his name?he had no will

1 Answer | Asked in Probate for New York on
Answered on Jul 25, 2017

The word executor means a will. An administrator is in charge if there is no will. You are using conflicted terms. If there is no will, you get half under the law, unless accounts were titled so she gets it. You might get nothing.
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Q: If a person filed bankruptcy then died can the family have a estate sale and sell personal items from the house ?

1 Answer | Asked in Bankruptcy and Probate for Texas on
Answered on Jul 24, 2017

I would begin with asking their bankruptcy attorney. All non-exempt assets become property of the Bankruptcy Court depending on the type of filing. You need to consult with a probate attorney as well who can explain procedures for disposing of property.
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Q: Illegitimate half brother minor is not able to be reached or found for probate.

1 Answer | Asked in Probate for Oklahoma on
Answered on Jul 24, 2017

If the half-brother or his parent or guardian cannot be found, you will probably have to set aside his share of the estate and pay it into court so that he might be able to claim it at some point in the future.
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