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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can I be made to move out of a place that I have been living there for the last 6 to 7 years while my grandparents proba

Before my grandparents passed away. I helped on the farm..When things got broken, grass needed to be cut or anything on the 55 acres I would do. My father passed away when I was 15, do I least get my father's half? My uncle is making me move out of a place that is my home, the place is still going... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 7, 2020

You need to hire a probate attorney to help you sort this out. You may or may not be entitled to a share of your grandparent's estate, but you need to act quickly so you do not lose your rights due to failure to timely assert them in the probate case.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: my father passed and i moved in house and have been paying all the bills.want to rehab property.

siblings want nothing to do with property...and i want to rehab property for mom and me...there was no will...but i have lived here and all bills are in my name...

Ryan D Templeton
Ryan D Templeton answered on Apr 7, 2020

You need to contact an attorney in your area that does probate work. Without more information it is going to be really hard to answer your question. Who's name is the property in? Did your father's estate go through probate?

I would recommend that you call and speak to a probate attorney in...
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1 Answer | Asked in Probate for Florida on
Q: If my Grandparents left me 10 acres out of 40 when they died do the property and buildings on it belong to me
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Did both do so in their wills, and were the wills probated?

1 Answer | Asked in Probate for Georgia on
Q: My mother paid my father's funeral expenses. Is it okay according to GA law to repay her before the estate is settled?

Father died without a will in November 2019

I'm the administrator of my father's estate

My parents were divorced when my father died, so my mother isn't considered an heir

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 6, 2020

Yes, funeral expenses are a first line expense. You should be able to repay those now without waiting any longer.

1 Answer | Asked in Criminal Law and Probate for California on
Q: If I am not on probation but my roommate is, can they search my safe that I only have access too
Dale S. Gribow
Dale S. Gribow answered on Apr 6, 2020

more info needed.

it is like asking how you could get CV19 if you didn't go out of the house? someone would have to evaluate what came into your home etc.

how would the police know it was yours? did they find anything illegal?

2 Answers | Asked in Car Accidents, Personal Injury and Probate for Florida on
Q: My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though?

My mother apparently auto accident claim that has been settled, my father is still alive. They set up probate though? They weren’t able to reach him because number had changed. I have power of attorney over father since dx of Alzheimer’s. What should I know?

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Apr 6, 2020

That’s a complex question. Was there a law suit filed? Is your mom still alive? Do you live in Florida? You need to consult with an experienced probate and a personal injury attorney quickly. Get all the paper work together, police report, insurance information etc.

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1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: Question about Summary Release From Administration form and whether to check box

If my brother only had money in a bank account, do I check the first box about "The delivery to the applicant of decedent's personal property set forth in the application with the title to that property."? And if so, what title are they talking about? There is no title to money in a bank account... Read more »

Paul Kellogg
Paul Kellogg answered on Apr 6, 2020

They are referencing tangible personal property such as household items and his vehicle.

His bank account is listed at the bottom of Form 5.6 where the Entry provides instructions to financial institutions.

1 Answer | Asked in Estate Planning, Banking and Probate for Alabama on
Q: Coowner of savings account dies 30 days before owner dies. Coowner spouse was secondary on POA. Who gets the money now?
Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Apr 6, 2020

By co-owner I am making the assumption that the account was held by two people as joint tenants with a right of survivorship. You must confirm that with the bank. If one person dies, then the money -- at law -- is the property of the other at the moment of death. I don't see from your question what... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: I know in jails you get 2 for 1. But what about detention centers. He got 180 days. Can he get out early. Like is there

Any good credits ? Or will he serve the whole 180 days. He almost served half of his sentence already. I know GDOC is releasing early due to cornovirus. But nothing has been said about detention centers yet.

Sean McIlhinney
Sean McIlhinney answered on Apr 6, 2020

I do not know if the Detention Center is or is not going to release your loved one early whether it be for good behavior, 2 for 1, overcrowdedness, or the Coronavirus.

I would suggest calling the Detention Center and asking what their release policy is and if they are going to release...
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1 Answer | Asked in Criminal Law, Nursing Home Abuse, Probate and Public Benefits for Georgia on
Q: When someone is sentenced by a judge to 180 days in probation detention center. Will that person serve the whole 180?
Sean McIlhinney
Sean McIlhinney answered on Apr 5, 2020

Good question.

The answer it really depends on which jurisdiction the case is in. Some jails do 2 for 1 credit and some calculate jail time day for day. Also, because of the Coronavirus some jails are releasing persons jailed for less serious non violent crimes early.

Please...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: aunt dies inGeorgia with a will and husband passed 10 years before her without a will. KY land never, change to her.

The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 4, 2020

If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If I've lived in grandparents home for 25 years can my mother with no will take it from me and put me on the street??

My granddaddy said he made a will in 1996 to split it equally between my mother and I my grandma died last month I have lived her 25 years can she take my home and all of my land with no will and just leave me on the street?? My mother got to the family safe before me where my granddaddy said the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 3, 2020

This sad situation will probably require the services of a civil trial lawyer working together with a probate lawyer in order to sort everything out. If the two professionals are as good as they need to be, they will know exactly how to approach this situation in such a way to enforce the wishes of... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: My mom died in 2010 and how do I get my mom's property in her name?

My mom died in 2010 and my dad has been staying on the property. My half sister (my dad's daughter)wants me to put half in her name. What should I legally do? (Squatter's rights?) My dad is terminal and will be dying soon and he has a girlfriend living on the property there and may want the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You are going to need to hire a probate attorney to probate your mom's estate. Probate is the process by which the property of a decedent gets retitled. Who inherits the property depends on whether or not your mother had a will and whether or not the property was her separate property or community... Read more »

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1 Answer | Asked in Estate Planning, Insurance Bad Faith, Insurance Defense and Probate for Tennessee on
Q: Can my grandpa file a claim against my deceased grandma's estate for our insurance policies?

My grandmother owned life insurance policies on my grandpa and myself. We want to cash them out because they are horrible policies. They were supposed to transfer ownership to my grandpa but never did after we filled out the paperwork. Now they are saying we need all of my grandmother's heirs to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 1, 2020

You did not state this, but it sounds like your grandmother has passed and there are things still in her name, such as these life insurance policies. You should contact a probate attorney to help you with getting those assets retitled. The type of process that will be needed will depend on more... Read more »

2 Answers | Asked in Probate for Nevada on
Q: My husband passed away in June 2019. His cousin passed 27 hours prior and named him as a beneficiary of her trust.

My husband and I have pour over wills as part of our trust. What steps are needed to recieve his inheritance? Do I have to open a probate case as executor of his will? This inheritance will be over $150,000.00

Jonathan Craig Reed
Jonathan Craig Reed answered on Mar 31, 2020

Some Trusts and Wills provide that a beneficiary must survive the writer of the Trust or Will by a certain number of days to receive the inheritance. However, if the cousin's trust lacks such a provision, your husband's gift under the cousin's trust goes to his estate. The successor trustee of the... Read more »

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2 Answers | Asked in Probate for California on
Q: How long does a representative have to distribute funds to the heirs after probate is finished?

Probate court finished in January. The case is in Phoenix AZ

Gerald Barry Dorfman
Gerald Barry Dorfman answered on Mar 31, 2020

Your question landing in the California section. You need to ask it again in the Arizona section.

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1 Answer | Asked in Estate Planning and Probate for Missouri on
Q: Seeking access to a deceased parent's bank box to search for an estate and living trust plan

Our mother, whose estate is in central MO, has recently passed . Myself and my sibling are on opposite ends of the country. We are dead-center of COVID-19 quarantine and are unable to move about the country. We need access to her bank box to see if the booklet is in it so we can appropriately... Read more »

Jennifer Sheila Kornblum
Jennifer Sheila Kornblum answered on Mar 31, 2020

I am so sorry for your loss. Unfortunately there is not much you can do right now. When a person dies their accounts are frozen and access to safe deposit boxes closed. In order to access a box you will likely need a court order from a Missouri court. And Missouri courts are closed for nonessential... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In Oklahoma is there a time frame that a persons estate has to be closed? My uncle passed 8 years ago and the guardian

My uncle passed 8 years ago and the guardian won't close estate and will not give answers regarding estate. Can we go somewhere to see documents relating to status of property and monetary assets.

Ben F Meek III
Ben F Meek III answered on Mar 31, 2020

The guardianship over your uncle ceased when he died. The guardian at that point should have filed a Final Account and request to formally terminate the guardianship. If the guardian did not do so, they may be held to account and possibly to pay damages for any property that has have not been... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Who is the owner of a bank account of an intestate person that has added the daughter to sign checks?
Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Mar 31, 2020

As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... Read more »

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