Probate Questions & Answers

Q: Can the probate lawyer have my siblings replace money from mother's estate and how can I get a list of expenses?

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Answered on Sep 24, 2017

The executor can sue and anyone can report the theft to the police and the county district attorney. Note that if your parents later needed Medicaid, the Texas Attorney General is allowed to join the criminal suit brought by the county district attorney. But note also that you right, "years passed." Evidence may have gone stale. Witnesses may have died or forgotten. The statute of limitations may have passed.
View Details »

Q: Someone passes and you're unsure if they had a will and current wife gives all his stuff to his stepkids is it illegal?

1 Answer | Asked in Contracts, Family Law, Civil Rights and Probate for Florida on
Answered on Sep 24, 2017

No. You and your siblings are entitled to a share, unless there is a will which disinherits you. There should have been a probate case filed, unless your father made other arrangements for disposition of his property upon his death.

Florida Statute 732.103 provides as follows: 

"Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:...
View Details »

Q: Single parent dies intestate, 3 children only heirs.

1 Answer | Asked in Probate for Texas on
Answered on Sep 24, 2017

None of the adult children has more right than another. Any heir may hire a probate attorney and apply for a Determination of Heirship and Issuance of Letters of Administration.
View Details »

Q: What can I do if my mom passed, dad says there is no will? She told aunt that she had a will

1 Answer | Asked in Probate for Georgia on
Answered on Sep 24, 2017

I hate to say you need to find the Will, but it really is that simple. Check with lawyers she may have used in the past to see if they ever did a will for her. Check with the local probate court to see if her will is on file. You usually do better as a child if there is no will because you will inherit at least 1/2 of the estate if you are an only child where a will typically leaves everything to a spouse.
View Details »

Q: Taxes

1 Answer | Asked in Probate for California on
Answered on Sep 23, 2017

An estate must file a tax return (Form 1041) by April 15 of the following year anytime it receives more than $600 in income or has a foreign beneficiary. Usually, it's the sale of a house that triggers the tax filing requirement. Each beneficiary receives a Form K-1 to report the amount of the taxable income/loss attributable to each beneficiary. This is required even if you haven't received the inheritance yet.
View Details »

Q: No will.3 grown kids.and he is married. House not in their name. No big stuff. Does it still go to probate?

1 Answer | Asked in Probate for Georgia on
Answered on Sep 23, 2017

Probate only happens if there are assets that need to pass through probate. This would include individually owned bank accounts, real estate, automobiles, investment accounts, etc.
View Details »

Q: Grown kids,Married, no will when their dad passed. Do the kids get contacted about probate? House is his sisters.

1 Answer | Asked in Probate for Georgia on
Answered on Sep 23, 2017

If a will is filed for probate, they will get notice.
View Details »

Q: My mom died and left a will that states who gets what. On her bank accounts it says to the benificiary on account.

2 Answers | Asked in Family Law and Probate for Texas on
Answered on Sep 23, 2017

Your mother and sister may have created a joint account with right of survivorship, in which case your sister would inherit all of the money in the account.
View Details »

Q: I have a copy of my grandmothers Will, have been unable to locate the original. Is the copy valid?

1 Answer | Asked in Estate Planning and Probate for Colorado on
Answered on Sep 23, 2017

Maybe. You will have to file a formal probate and request a hearing. It will be up to the judge to determine if the will is valid based on certain statutory requirements. If all interested persons agree to stipulate that the will is valid, the court will likely accept it.
View Details »

Q: Will my sister be able to evict me if she has the right of attorney to my fathers home?

1 Answer | Asked in Wrongful Death, Criminal Law, Probate and Real Estate Law for Maryland on
Answered on Sep 22, 2017

Power of attorney isn't the same as ownership. You need to speak with an attorney--suggest you contact a member of the Md. Assn for Justice--they give free consultations.
View Details »

Q: i need a sample template for a TRO and affidavit supporting facts. I filed petition of will submitted based on fraud

1 Answer | Asked in Probate for Texas on
Answered on Sep 22, 2017

You are essentially asking an attorney to provide you a form without you having the education to use it properly ... that isn't going to happen in a forum like this -- it would essentially be committing malpractice! You NEED legal advice. Temporary Restraining Orders are NOT simple, and are rarely successful unless there is a clear demonstration with LEGALLY ADMISSIBLE EVIDENCE (Not just allegations!) that irreparable damages will occur. If indeed the property is being sold, you can always get...
View Details »

Q: I just got a call from my stepmother in R.I who married my father a few days before he died asking me to sign papers ...

1 Answer | Asked in Family Law, Real Estate Law and Probate for Rhode Island on
Answered on Sep 22, 2017

If your father died without a will, his wife and his children would divide his property among them according to the state's laws of succession. In my state, for example, the wife would take half and his children would split the other half. Thus, in order to sell the property, the wife would have to have the consent of the children. Be careful that what you signed isn't some sort of waiver or assignment of your interests in the property, but merely a consent to sell it and to receive your...
View Details »

Q: person with share of his father's estate, dies w/out will in Tx wife and 2 dau what is wife's legal share?

1 Answer | Asked in Probate for Texas on
Answered on Sep 22, 2017

What the person who died without a Will inherits and whether his wife and/or children can stand in his shoes depends on what his father's Will says or whether his father also died without a Will, in which case the Texas rules of descent govern.
View Details »

Q: Do we have a case here?

2 Answers | Asked in Real Estate Law and Probate for California on
Answered on Sep 22, 2017

Your situation is very fact specific, and will require a consultation and document review in order for an attorney to properly advise you. There are factors which may weigh on both sides (or 3 sides). For example, what measure of due diligence did your partnership engage in? Is there title insurance? What written representations were made by the agent or seller? Also, much will depend on the strength of proof of the anticipated damages.
View Details »

Q: Will the LA. Court contract me about my father's dead? My sister and I are his only biological children he had two step

1 Answer | Asked in Probate for Louisiana on
Answered on Sep 22, 2017

When someone dies with a Will, the executor or any beneficiary named in the Will can present it to the Court for probate ("proving") and then contact the named beneficiaries. When someone dies without a Will, any heir can request a determination of heirship and administration of the estate and then notify the other heirs. The Court has no other way of knowing whether someone has died or who their beneficiaries or heirs are.
View Details »

Q: Mother passed but created trust with husband. she left 2 kids to be taken care of in trust.

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Sep 21, 2017

Dear Oakland CA:

I assume you have a version of the original trust, before your mother's husband changed it. (I also take it that her husband is not your father.)

I would get to an attorney right away, and here is why.

Normally, marital trusts are set up as in an A/B style. After the first spouse dies, the survivor's separate property and their one-half share of any community property pours into the "A" or "Survivor's Trust". The survivor has complete control of this A...
View Details »

Q: Uncle stole 300k from me. What can I do?

1 Answer | Asked in Legal Malpractice and Probate for California on
Answered on Sep 21, 2017

Sounds like your uncle's boyfriend is carrying out your mom's wishes. Unless he is violating the terms of the trust, there's nothing to do. You should really read the trust instrument and figure out when the monies are supposed to be dispensed to you. It's probably specific amounts on a certain schedule. If it's just when you are "ready", then your uncle's boyfriend has a lot of discretion in determining when the money is released. In that event, you may want to consult with a wills and...
View Details »

Q: Late husband had writ of fi fa on a piece of real property in ga as of March 2013. He died in January 2016. What now

1 Answer | Asked in Real Estate Law and Probate for Florida on
Answered on Sep 21, 2017

If the property is located in Georgia, then you need to re ask your question under the Georgia tab. Also the question is a little confusing as well.
View Details »

Q: My father died in tenn. He had some money in the bank. My brother got access to the bank account without telling me .

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Sep 21, 2017

Unfortunately, you haven't given enough information to answer this question accurately. If there was a will and it was probated at an estate ( or as a "small estate") then the will may have left it all to him. If there was no will, then

the money should have been inherited by all of the deceased's heirs ( his wife, if he was married and his children , if any). However, these funds ( and all of his estate) would be subject to the claims of his creditors for any of his unpaid bills or...
View Details »

Q: They have no edvience because my brother is innocent why are they still holding and how long can they hold him

1 Answer | Asked in Criminal Law and Probate for New Jersey on
Answered on Sep 21, 2017

Basically they can hold a person until trial, a good lawyer however can try to fight to get him released.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.