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Probate Questions & Answers
1 Answer | Asked in Probate for Michigan on
Q: do I need to "file" the will and/or probate?

In Michigan, I am the executor of my daughters will. Her assets all have beneficiaries named except a car worth around $15,000. (no spouse, 2 minor children) Her house had a transfer on death designation. Do I need to "file" the will in court and do I need to probate it? Also, do I need... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

First of all, you aren't an executor until the Court appoints you as executor. Until then you're the NOMINATED executor. That difference is important and keep that in mind. You don't HAVE to do anything, but there are minor children involved so it is important that they be taken care... Read more »

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... Read more »

Elaine Shay
Elaine Shay answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate on
Q: Both of our names are on my deceased moms property, can my sister auction it off without my signature?
Anthony M. Avery
Anthony M. Avery answered on Aug 2, 2021

The Sister can convey whatever interest in real property that she has. You might want to hire a competent attorney to search the title. Assuming you have an interest, have the attorney notify the auctioneer of the same.

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: First cousin died intestate.I responded.Lawyer wants response stricken cause I'm adopted child of uncle

1st cousin (child of her uncle)

Ben Corcoran
Ben Corcoran answered on Aug 2, 2021

If they legally adopted you, you are treated no differently than a biological member of the family under the law. Whether or not you have any rights to your cousin's estate is a separate matter and would turn on how many surviving family members your cousin had.

1 Answer | Asked in Probate for Pennsylvania on
Q: My Mother did not leave a will. 3 surviving kids, 2 deceased. Are the kids of the 2 deceased entitled to her estate.

I know the 3 surviving children of my Mother's split her estate. Does that include the 2 deceased son's as well? Do their children get a piece of my Mother's estate without a will?

Stephen M. Asbel
Stephen M. Asbel answered on Aug 2, 2021

Under Pennsylvania law when there is no will, assuming that your mother was not married at the time of her death, the estate would be divided into equal shares - one share for each living child and one share for each deceased child who has living children or descendants. Each living child would... Read more »

1 Answer | Asked in Probate and Estate Planning for North Carolina on
Q: First cousin died intestate I responded.I was listed as intestate heir, a lawyer wants to strike cause adopted

In NC I am adopted 1st cousin

Charles Evan Lohr
Charles Evan Lohr answered on Aug 2, 2021

I would need to see the petition filed by the lawyer to give you a worthwhile opinion. Feel free to contact me.

1 Answer | Asked in Probate for Arizona on
Q: Az Probate statute of limitations? Personal Rep failure of duties. Thank you
Ryan K Hodges
Ryan K Hodges answered on Aug 2, 2021

It sounds like you are asking what the statute of limitations is for a personal representative who does not fulfill his or her duties. The timeframe is two years for such.

1 Answer | Asked in Probate for Minnesota on
Q: How do I report to the court that someone has claimed to be a trustee , stolen my property, claims in court no trust?

There has been no showing of the trust and all the properties and money are being stolen.

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. answered on Aug 2, 2021

You will have to hire an attorney. If I were the attorney, I would get you appointed the administrator of the estate. Then get that person served and force him or her to come into court and prove that a trust exists. As administrator, you'd be able to get bank statements of the decedent... Read more »

2 Answers | Asked in Probate for Ohio on
Q: My mother gave me her home before she passed. As next of kin and owner do I own the contents of the home?

Her trust is still in probate so I wasn’t sure if I could move furniture out. Nobody in the family wants it.

Aaron Epling
Aaron Epling answered on Aug 2, 2021

The contents of the home and the home itself are separate. The home passed outside of probate and the contents pass through probate unless some mechanism was used so the contents could avoid probate...like a trust. If the estate is open, then contact the administrator/executor, preferably their... Read more »

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1 Answer | Asked in Probate for Tennessee on
Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Florida on
Q: I live in the state of New Jersey my mother lives in the state of Florida all her assets are in the state of Florida.

There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2021

It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney... Read more »

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2 Answers | Asked in Probate for South Carolina on
Q: Is it illegal to get someone to sign a dual power of attorney if the person has dementia when they already have poa?

Is that considered elder abuse?

Nina Whitehurst
Nina Whitehurst answered on Jul 29, 2021

A POA given by someone who lacked sufficient mental capacity when it was signed is invalid. Unfortunately, the challenger must prove the lack of capacity. Yes, coercing an elder who lacks capacity to sign a document that has legal significance is elder abuse.

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2 Answers | Asked in Probate on
Q: I live in California I've been married for 35 years my husband died on Saturday the house is solely in his name help!

I have two grown children and the deed says that the house is solely in his name but this has been our marital home for 18 years what do I do

Nina Whitehurst
Nina Whitehurst answered on Jul 29, 2021

Get yourself to a probate attorney. If the house is the only asset that needs to be retitled, it is entirely possible, depending on other factors, that a spousal property petition will do the trick. It really depends on whether the house was truly your husband's separate property or was... Read more »

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1 Answer | Asked in Probate for South Carolina on
Q: Can someone help me figure out my Mom's will? Some things just don't make sense.

First off the will was typed on a typewriter from 1984, but it does have a proper notary seal.

Second, it opens up by saying she is a legal resident of Texas, but she had been a resident of South Carolina for over 25 years. This was written up when she and my father were still in the Air... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 28, 2021

The sentence you quoted leaves everything to her husband if he survives her by at least 120 days.

1 Answer | Asked in Probate for Mississippi on
Q: I need to find information about heir property in Mississippi. Who should I talk to?

The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2021

Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: A (long time) divorced woman died intestate, how do heirs claim estate? Specifically real property?

A woman (long divorced) died, no will, trust, or direction. Survived by 1 natural child, 1 adopted, and 1 grandchild. How do her heirs claim estate?

Gina B Leguria
Gina B Leguria answered on Jul 27, 2021

The children can file a probate petition in superior court.

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2 Answers | Asked in Probate for Michigan on
Q: My mother recently died and all of her assets either had assigned beneficiaries or were TOD transfers except one stock.

The one stock was split from another stock and my mother did not have time to assign a TOD beneficiary. I have 2 brothers and we have agreed to sell the stock and have the proceeds deposited into my mother's checking account in which we are all equal beneficiaries. What is the easiest way to... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jul 27, 2021

An asset of that value probably cannot be assigned without probate absent pre-planning no matter how you 'agree' upon things. HOWEVER the 'formal probate process' is not as daunting as you might have been lead to believe ...

There are many who try to scare people about...
Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2021

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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2 Answers | Asked in Probate for Tennessee on
Q: Mother gets third of assets when her mother dies. She dies first. Does her part go to her executor?
Nina Whitehurst
Nina Whitehurst answered on Jul 26, 2021

Your question is unclear. Does "she" refer to your mother or your grandmother?

Either way, there is no way to answer your question without reviewing the will. Some wills are written such that a beneficiary's share lapses if the beneficiary predeceases the decedent....
Read more »

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