Probate Questions & Answers

Q: do you still need an atty when spouse passes away leaves surviving spouse everything & jointly own home & bank accts?

1 Answer | Asked in Estate Planning and Probate for Maryland on
Answered on Apr 22, 2018
Richard Sternberg's answer
If everything was planned perfectly, so that you don’t need to file a probate, there might be no need for counsel. Even if there are small omissions, the surviving spouse might do just fine handling the estate pro se. If they need to evaluate the work to be done, a simple one -hour consult with counsel might send them on their way. Most Register of Wills offices are set up to help in small or simple estates.

Reading an answer on the Internet does not create an attorney-client...
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Q: How do I get my money from probate estate released to me?

1 Answer | Asked in Probate for Florida on
Answered on Apr 21, 2018
Terrence H Thorgaard's answer
Do you know where the money is?
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Q: My mother passed away in January, she was married to my stepfather. My mother gave me the title to her mother's mobel

1 Answer | Asked in Family Law and Probate for Virginia on
Answered on Apr 21, 2018
Richard Sternberg's answer
A mobile home usually includes both the home and a piece of real estate on which it sits. If you have proper title to both, then I would ask your step-father what rights he believes he has as to your home. Otherwise, you need to confer with counsel to explain what you own and what rights you might have.
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Q: OH probate: I am claimant in case that is 6 years old, no executor contact. Is executor ever forced to get on with case?

1 Answer | Asked in Probate for Ohio on
Answered on Apr 20, 2018
Joseph Jaap's answer
The probate court requires the executor to take actions by various deadlines. If it has been that long, the case might have been closed without notice to you. Check the court's web site to review the docket to determined the status of the case, or retain a local probate attorney to assist you.
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Q: No will, determining next of kin

1 Answer | Asked in Family Law and Probate for Ohio on
Answered on Apr 20, 2018
James Jeffrey Jackson's answer
Based on the information you provided, the estate would pass in accordance with the state's statute of descent and distribution, in Ohio that would be Section 2105. It sounds like your specific situation would make 2105.12 the appropriate section.

You should contact a local probate attorney to further review your specific situation. There is a possibility of an unknown child of the decedent that might have a superior right. You want to make sure you cover all of the bases.
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Q: Only child & both parents dead. Land in Walton county in mom's name only thing left in estate. Do I probate to sell?

1 Answer | Asked in Probate for Texas on
Answered on Apr 19, 2018
Terry Lynn Garrett's answer
If there are two witnesses who can testify to your mother's heir(s), you can file an Affidavit of Heirship in the county deed records. However, courts will not enforce an Affidavit of Heirship until five years have passed with no one complaining that it is inaccurate. Talk to the title company.
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Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Ohio on
Answered on Apr 19, 2018
Moshe Toron Esq's answer
Perhaps there is an unpaid funeral bill to be paid.

See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds shall be used to pay the funeral and/or burial expenses."

The family could also file for Release from Administration, which may not be as expensive.
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Q: Can vehicle title be transferred directly from the deceased to a buyer?

3 Answers | Asked in Probate for Florida on
Answered on Apr 19, 2018
Barry W. Kaufman's answer
In most cases, the PR is required to be represented by an attorney. This is a question for your attorney.
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Q: ...SO according to KY statute this person died without a will and has 4 living siblings.

1 Answer | Asked in Probate for Kentucky on
Answered on Apr 18, 2018
Timothy Denison's answer
KRS 391.040 says descendants of deceased siblings inherit per stirpes so the deceased sibling (s) share would pass to his descendants.
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Q: My grandfather had a Will and he only named 2 executors. We started the Probate process and now neither of them want to

2 Answers | Asked in Probate for Texas on
Answered on Apr 18, 2018
Ross F. Tew's answer
If you've started the process your attorney should handle this issue. To serve as the personal representative (executor or administrator) of an estate in Texas you must be represented by an attorney at all times. The named executors can each execute a declination to serve and under Chapter 401 of the Estate Code, may nominate a qualified party to serve as the Administrator with Will Annexed. You may need all beneficiaries under the Will to agree to the brother serving. You need to meet with...
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Q: If a person dies without a will in Kentucky and has only 4 siblings surviving, do the surviving siblings inherit, OR

1 Answer | Asked in Probate for Kentucky on
Answered on Apr 18, 2018
Timothy Denison's answer
If there is a will, it will control the distribution. It will specify either per stripes (descendants of deceased dividing do take) or per capita (only the living siblings take). If the person dies intestate, the statute controls the distribution to the siblings.
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Q: what happens to property without a will?

4 Answers | Asked in Family Law and Probate for California on
Answered on Apr 18, 2018
John B. Palley's answer
Property without a will goes through probate and goes to the next of kin of the deceased. Having a will helps ensure that a person's wishes are followed after death.
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Q: Probation Technical Violation 30 day sanction will be 4/19. Not due back in court until May 11. Can he Release before?

1 Answer | Asked in Criminal Law and Probate for Kentucky on
Answered on Apr 17, 2018
Timothy Denison's answer
If it’s a probation violation, a lawyer can file a motion for release. If it is a parole violation, the lawyer cannot file with the courrt as the court has lost jurisdiction and it is up to the parole hearing officer. However, if he has a court date May 11, then it is likely a probation violation that can be addressed by the court.
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Q: My great grandfather died without a will and has oil land in Oklahoma still . My grandmother is passed .do I have rights

1 Answer | Asked in Family Law, Native American Law and Probate for Oklahoma on
Answered on Apr 17, 2018
Richard Winblad's answer
Possibly, It’s really answer this question requires a lot more information from you I suggest: a attorney that handles probate. If your grandmother theater was entitled to inherit then your parent ( grandmother’s child ) could also inherit
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Q: My fiance passed away. I need to retrieve what monies was in his bank account in order to pay for his cremation.

1 Answer | Asked in Probate for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
If your name was not on his account, then the bank cannot release any funds without authorization from the probate court. Someone will have to file with the probate court to open his estate, and the probate court would then determine who is entitled to be paid any assets. Funeral expenses are a high priority for repayment from estate assets. If he had only a small estate, there is a simplified probate process. Check the probate court web site for forms to file to get started, or retain a...
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Q: My father passed away almost a year ago, his will hasn't been probated mom says he left it in survivorship.

1 Answer | Asked in Probate for Kentucky on
Answered on Apr 17, 2018
Timothy Denison's answer
If there was no property in his name and nothing to be transferred, or less than $7,500, the will would not have to be probated. Children have no absolute right to inherit from their parents so if you are not named in the will, you don’t have the right to see it. As for your mom, unfortunately, she can leave the property to whomever she wishes bc again, children have no absolute right to inherit.
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Q: How does the Seller clear title so they can sell me their vacant land in Colorado?

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Colorado on
Answered on Apr 16, 2018
Timothy Canty's answer
B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.
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Q: The will says I am to get my grandmothers jewelery, guns, and Woodman account. But I was not listed as the beneficiary

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Apr 16, 2018
Anthony Marvin Avery's answer
You have not provided enough information. Hire a competent attorney to represent your interests. Apparently a Will was Probated, so the Executor will marshall up the Assets of the Estate, then administer the

Estate which includes making distributions. You may have to move the

Court to make a determination as to the actual nature of certain Assets which were gathered from the Account. You cannot sit on your rights, speed is very important here.
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Q: How would I go about obtaining a probate affidavit in Colorado?

1 Answer | Asked in Estate Planning and Probate for Illinois on
Answered on Apr 16, 2018
Ray Choudhry's answer
You need to retain an attorney where she died.

The attorney will tell you the procedure for looking up what happened to her assets.

If an estate has not opened, you may be entitled to open it.
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Q: my uncle willed his house to my mom my mom never received the house now my mom died how do I get the house

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Apr 16, 2018
Richard Samuel Price's answer
You would have to open two probate matters, one for your uncle and one for your mother. Contact an attorney for a full consultation.
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