Probate Questions & Answers

Q: Is there some sort of form that can be filled out to get my home out of probate so I can refinance?

1 Answer | Asked in Probate for Oklahoma on
Answered on Feb 11, 2016

I am sorry to hear that your wife passed away. Unfortunately, because the home was not in joint tenancy, it will be necessary to probate your wife's estate in court. Only then can your wife's name be removed from the title so you can refinance. Moreover, if you and your wife have children and your wife did not have a will, the children could be entitled to inherit partial ownership in the house. While you can represent yourself, I highly recommend that you hire a probate attorney. The probate...

Q: No probate for my mother that died 6 yrs ago. I discovered unclaimed money and state of Georgia wants probate forms.

1 Answer | Asked in Probate for Georgia on
Answered on Feb 10, 2016

Ask the Clerk of the Probate Court for guidance if you are not able to hire a probate attorney.

Q: How do I make the Personal Representative provide the documents and information as a surviving heir (daughter)?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Feb 10, 2016

If this is in probate, then seek relief from the Judge. Any attorney will charge you by the hour; it is unethical to take probate cases in GA on a contingency.

Q: If I have been renting a farm and the owner died. Can I claim my property, if no will is present?

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Answered on Feb 10, 2016

No, you are a renter and have no ownership rights.

Q: My mother's estate is in probate and I am the administrator, can I add her car to my insurance?

1 Answer | Asked in Consumer Law and Probate for California on
Answered on Feb 9, 2016

As the administrator, it is your duty to safeguard the assets of the estate. So yes, you should get insurance for the vehicle.

Q: dad passed away and has a house but he bought it and put it in my uncles name and he is selling it. Can we do anything

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Feb 9, 2016

How and why was the property transferred to your uncle? If your uncle legitimately owns the house, then he has every right to sell it and do what he wants with the proceeds. If your uncle really doesn't have an ownership interest in the house, then you can challenge his title to the home in court.

Q: Hi my mother died on this Jan 21 my twin sisters who are disabled always lived with her and mom left them the house

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for New York on
Answered on Feb 7, 2016

If the Deed is not in their names the Will must be probated through surrogates court. The cost and length of the probate process will depend on the complexity of the estate.

Q: My mom just passed away and she did not leave a will, she has property which is three apts. and a house.

1 Answer | Asked in Probate for California on
Answered on Feb 7, 2016

Your sister should hire an attorney to help her through the probate process and have her appointed as the administrator of the estate. This estate shouldn't have any estate taxes due, since the exclusion is $5.45M that your mother can pass before any estate tax is due. But Probate is complex and has arcane rules that you have to follow. Call or email an attorney for assistance with the probate action.

Q: Do I have the right to see my late Father's Will if I suspect my Stepmother committed fraud by not probating the Will?

1 Answer | Asked in Probate for Alabama on
Answered on Feb 7, 2016

Look at your question. When the first spouse passed, then the surviving spouse received everything. On your father's death in 2006 it was all hers -- even under the terms of the will. The fact that if she had passed first, and then on your father's death you would get something does not mean anything -- because that didn't happen.

Q: My dads sister died without a will and he is the only living heir how is the property divided if siblings had children

1 Answer | Asked in Probate for Alabama on
Answered on Feb 7, 2016

I can't decipher your question. If you dad's sister died without a will, and had no parents or children living (both grandparents and grandchildren) then her siblings would inherit. The children of living siblings have no interest in the property and don't inherit.

Q: 2 QUESTIONS1. HOW DO YOU BRING FOUR IMPROVED PARCELS OF REAL ESTATE THAT WERE OWNED BY DECADENT INTO ESTATE?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Georgia on
Answered on Feb 7, 2016

It is mandatory to file Probate so when you do the judge will decide what to do with the land and the heirs.

Q: Can my cousin who lives in my grandmas house (for 3 months) keep the house after my grandmother dies with no will?

1 Answer | Asked in Probate for California on
Answered on Feb 6, 2016

California statutes (the laws of intestacy) will provide for who the heirs are to your grandmother's estate. The heirs will be determined in a probate proceeding.

Your cousin will not be able to claim ownership of the house just because he lives there. A court has to award ownership in probate.

Q: My father passed away and left a car but no will or affidavit do I have to go through probate to change the title

1 Answer | Asked in Probate for California on
Answered on Feb 6, 2016

If your father's estate is less than $150,000, a probate action is probably unnecessary and the DMV has a procedure to transfer the vehicle without probate.

Check out the DMV website: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/pubs/brochures/howto/htvr2

Q: My ex-wife recently passed away with no will. Our minor daughter is her only child (estranged). Who files probate?

1 Answer | Asked in Probate for California on
Answered on Feb 6, 2016

Anyone with an interest in the estate can file a probate petition. You can file the probate petition, or another relative of your wife can file it.

Q: My sister-in-law died August 30, 2015. She had no will and lived with my wife and me for the past 9 years.

1 Answer | Asked in Probate for Virginia on
Answered on Feb 6, 2016

There are two groups of people that have an interest in the estate. Her creditors and her heirs. The law explains how such an estate may be handled.

Small estates (less than $50,000) may be handled in accordance with Va. Code §64.2-600 & 601

http://law.lis.virginia.gov/vacode/title64.2/chapter6/section64.2-601/

That the Designated Successor shall have a fiduciary duty to safeguard and promptly pay or deliver the small asset

as required by the laws of the...

Q: Trying to sell my father's home, his will now probated left home to 9 children. One died within 60 days of my father.

1 Answer | Asked in Probate for Virginia on
Answered on Feb 6, 2016

Not necessarily. The house belongs to 9 children. One of those children died (you don't say whether before or after your father's death). If the son died before your father, assuming that your father's will provided that any share to a predeceased child goes to his children ("per stirpes") then that son's children own 1/9 of the house. If on the other hand, the son died after the father, then his share goes according to that son's will or if without a will to the intestacy laws. This...

Q: Mom past intestate I live in different state im administrator of her estate she owned here does that make me admin ofall

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Feb 4, 2016

Yes, and if the property is in GA, then you need to file probate in GA. If it is in some other state, then you need to seek legal counsel is that state.

Q: What is average cost of probate, including attorney's fees, in GA for an estate roughly $200K to $300K?

1 Answer | Asked in Probate for Georgia on
Answered on Feb 3, 2016

It depends on what is involved in the probate and how much experience the attorney has, etc.

Q: My dad passed a few months ago without a will (he said he had one, but it couldn't be found) We will be starting

1 Answer | Asked in Probate for Georgia on
Answered on Feb 1, 2016

Go to probate and state your case and let the probate judge decide. Some things may need to be sold but I doubt that everything has to be sold and most likely the court will make sure that you get those special items.

Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers 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 Legal Answers 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.