Probate Questions & Answers

Q: Is there a procedure for establishing paternity that should be done before a parent passes away, a DNA test? This is TX.

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Dec 18, 2018
Terry Lynn Garrett's answer
The Will governs, unless it accidentally omits a child born after it was written. A Will does not become a public document until it is filed for probate. (In addition, whatever the Will may say now, it could be changed.)

See a family law attorney about establishing paternity and obtaining child support before death.

Q: My brother passed in February and probate ended in November 2018

1 Answer | Asked in Probate for Arkansas on
Answered on Dec 17, 2018
Ben F Meek III's answer
There is usually a deadline for submitting creditors’ claims before the end of the probate proceeding. The primary exception is that the claim cannot be cut off unless the creditor was given notice and an opportunity to be heard. If the Executor/Administrator mailed notice or gave other reasonable notice to the creditor prior to the deadline, the claim may now be barred. If the creditor was not notified, they may still be able to assert their claim. This limitation is rooted in the US...

Q: Can I use the letter of admin to sell my dad’s home and land? We filed probate already!

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Dec 17, 2018
Anthony Marvin Avery's answer
Why did you file for Probate? I suspect you attracted problems by doing so, and probably had no reason to file. If the Title Company does not wish to handle the transaction, then find another purchaser. You needed a Title Search, Affidavit of Heirship and then a willing purchaser. But that was without Probate. Now you may very well have brought enough debt collectors notice so that the real property may have to be put up for sale in order to pay off the Estate. There may have been a...

Q: Arizona- my mom has passed-left me with titles to mobile home signed and notorized-part of estate ?

1 Answer | Asked in Probate for Arizona on
Answered on Dec 17, 2018
Peter H. Westby's answer
Since your Mom gave you the signed and notarized titles to her home, it appears that she may have intended a gift to you before she died. If so, the mobile home would not be part of her estate. I recommend discussing Mom's estate with a probate attorney. A probate attorney will be able to let you know if your Mom's estate requires administration and, if so, what should be done.

Q: My friends mom was named in a will to distribute monies to her 3 adult kids. No money has been received by them.

1 Answer | Asked in Probate for Oregon on
Answered on Dec 17, 2018
Vincent J. Bernabei's answer
You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.

Q: Do I need to use probate in my situation ? in California.

3 Answers | Asked in Probate for California on
Answered on Dec 17, 2018
John B. Palley's answer
As I understand the facts probate court is required. However, a spousal property petition should work. I would need the specific details to know for sure. For example, was down-payment and all mortgage payments from "community property" sources, did she have a will, was there a pre-nup, etc.... Feel free to call or drop me an email with the specifics and I'll see if I can guide you. I do probate court work throughout California. -John

Q: 3 years after a probate i fould out there was a bank account that was not included is there a way to reopen that probate

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 17, 2018
Richard Winblad's answer
Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.

Q: Is joint tenancy the same as right of survivorship and do quitclaims within the group change the conveyance upon death?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Colorado on
Answered on Dec 16, 2018
Donald C Eby's answer
The chain of title will need to be examined to definitively answer your question.

There is a likelihood based our the facts stated that the Right of Survivorship remains valid.

Q: I need to know how to find the standings of a litagation and possibly estate probate case .

1 Answer | Asked in Civil Litigation, Estate Planning, Probate and Real Estate Law for Texas on
Answered on Dec 16, 2018
Terry Lynn Garrett's answer
Check with the probate court (which may be the county court) where the estate is being probated.

Q: How long does probate generally take? I'm visiting Florida for a week to handle my father's affairs. Is that enough time

1 Answer | Asked in Probate for Florida on
Answered on Dec 14, 2018
Terrence H Thorgaard's answer
No, depending on what kind of probate case you are doing it probably will take a lot longer than that. But in general you don't have to be present in Florida to " go through probate".

Q: What is the average fee to transfer ownership of a house that will go into probate because of the death of the owner?

2 Answers | Asked in Probate for New York on
Answered on Dec 14, 2018
Elaine Shay's answer
Many factors, such as whether the decedent had a will, go into determining the legal fees that may be incurred in association with transferring title to a home after the passing of the owner. Therefore, would probably be most helpful in your situation to consult with various attorneys of your choice and inquire as to their best estimates as to the expected amount of fees based upon your circumstances.

Q: How do i find out about inheritdeine if i was left any thinby my mother

1 Answer | Asked in Banking, Elder Law and Probate for California on
Answered on Dec 14, 2018
Richard Samuel Price's answer
You would look through her important documents to see if she had a will. Even if she didn't have a will, then you may still be entitled to an inheritance. You could check the county probate court to see if a probate action was initiated for her estate. Was she married when she passed? Did she own real estate when she passed? Bring your information to an attorney in your area for a full consultation.

Q: My dad passed away without a will and I'm The Only Living child. I am on disability and I am mentally challenged.

1 Answer | Asked in Probate for Georgia on
Answered on Dec 14, 2018
Robert W. Hughes Jr.'s answer
YES. This needs to be dealt with appropriately before you give away your rights to your father's land. Please contact an attorney specializing in probate work before it is too late.

Q: Father passed with no will! Step mother has shut us out of our fathers home. She left him 2 years ago, do we rights?

2 Answers | Asked in Probate for Ohio on
Answered on Dec 14, 2018
Joseph Jaap's answer
When someone dies without a will, these things often happen, and can be very difficult to stop. Probate does not happen automatically. Somebody has to file it with the probate court. Any family member can file with the probate court to be appointed as administrator of the estate. The administrator can then change the locks on the house and exclude others from entering. The administrator then prepares an inventory of all the assets and debts, including the mortgage, and files it with the...

Q: Death

1 Answer | Asked in Probate for Michigan on
Answered on Dec 14, 2018
Trent Harris' answer
I’m sorry to hear this is happening in your family. The disposition of remains is a right reserved to the next of kin under Michigan law. Since your mom and dad appear to have been divorced, your mom did not have rights to dictate the disposition of your father’s remains or keep them. The right to make those decisions belongs to your father’s children - you and your brother. If you and your brother can not agree what to do with the remains, you could file a petition with the probate court...

Q: I have a question about making changes to Will

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Dec 13, 2018
Bruce Adrian Last's answer

To codicil or not to codicil, that is the question.

In order to make changes to a will, you have two options. You can make a new will revoking the old will, or you can write an amendment, called a codicil, to change only the portions you wish. Creating a new will, and revoking and destroying the new will, is probably the better practice unless you are working with an attorney. Primarily because an improperly drafted codicil may end up with provisions conflicting with...

Q: Is it legal to ask a beneficiary to claim money from distributions he never received, for taxes, through Schedule K-1s?

1 Answer | Asked in Tax Law, Estate Planning and Probate for California on
Answered on Dec 13, 2018
Bruce Adrian Last's answer
Quail Valley:

From what you describe, something does not sound right. In some instances a trust or estate will "pass though" tax liability to the beneficiary but only where that liability is connected to a distribution. For example, if a trust makes a distribution to a beneficiary that consists of income and capital gains earned by the trust, it may pass the tax liability to the beneficiary. This is done because the beneficiary, as a general rule, has a lower tax rate than the trust....

Q: Hi, I have a question about probate, what needs to be done with the State/Federal after someone dies ?

1 Answer | Asked in Probate for Utah on
Answered on Dec 13, 2018
Wesley Winsor's answer

When someone dies there is an order of claimants on the content of the estate. It goes like this:

1. Cost of administration

2. Creditors

3. Heirs or beneficiaries

Life insurance payouts will go directly to the beneficiaries without counting as part of the "estate".

Assets that were owned jointly (if ownership is true joint tenancy) will pass to the other joint tenant(s) without counting as part of his estate either. There will probably...

Q: someone has a deceased person's will that is not listed in that will and has no reason to have it. How can I get it?

1 Answer | Asked in Probate for Texas on
Answered on Dec 13, 2018
Terry Lynn Garrett's answer
Hire a local probate lawyer to file an Order to Show Cause requiring the fellow to explain his actions (and inactions) to the judge.

Q: i live in tennessee and i am currently on probation for a minor weed charge. can i get into trouble for smoking cbd?

1 Answer | Asked in Gov & Administrative Law and Probate for Tennessee on
Answered on Dec 12, 2018
Anthony Marvin Avery's answer
Yes because the CBD might place THC in your system. A Probation Officer or the Judge might require a Urinalysis which you would probably fail and violate Probation.

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