Probate Questions & Answers

Q: For felony fraud termination of probation, do they drug test AT court?

1 Answer | Asked in Criminal Law, Probate and Federal Crimes for Florida on
Answered on Aug 26, 2016

Absolutely they can drug test him in court in the bathroom. He should retain a lawyer ASAP if he thinks he is going to fail as he may go to jail right then for violation.
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Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

1 Answer | Asked in Real Estate Law, Tax Law, Probate and White Collar Crime for California on
Answered on Aug 24, 2016

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary cannot be required to use their own funds pay a debt owed by a decedent, unless they were a joint debtor or account holder.

First off, you should know that debts do not die with the debtor,...
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Q: Can a realtor take a listing from one who does NOT own the property? I'm in escrow, and they are now initiating Probate

1 Answer | Asked in Real Estate Law and Probate for Florida on
Answered on Aug 24, 2016

No. Only the owner can contract with a real estate brokerage. Only the owner (or court appointed representative) of the estate has authority to enter into that contract.
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Q: My sister died suddenly about a month ago.

1 Answer | Asked in Probate for Florida on
Answered on Aug 24, 2016

Good question. Assuming you don't have the passwords, but have been appointed personal representative, you would have to contact the service providers, provide copies of the death certificate and letters of administration, and request her passwords.
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Q: My brother is my Mom's executor -

2 Answers | Asked in Probate for California on
Answered on Aug 22, 2016

The court may appoint a special administrator if the executor does not correctly administer the estate. You may want to have an attorney review the situation.
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Q: I recently found a life insurance policy for my paternal grandparents, who passed decades ago. Who gets the money?

1 Answer | Asked in Probate for Connecticut on
Answered on Aug 22, 2016

Consult with a local probate attorney to see if you would be able to share the policy with your uncle.
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Q: Mr. Thorgaard: Understood some things until Q of exempt and nonexempt property - that is when things became confusing.

1 Answer | Asked in Probate for Florida on
Answered on Aug 20, 2016

Section 732.402 (referenced in the other statute I posted) is as follows:

"Exempt property.—

(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.”

(2) Exempt property shall consist of:

(a) Household furniture, furnishings, and...
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Q: I had a probate matter adjudicated in 1992, I had a Co-T who wanted an accounting, looking for trouble as he had same

1 Answer | Asked in Federal Crimes, Probate, Appeals / Appellate Law and Civil Rights for California on
Answered on Aug 20, 2016

If a beneficiary has filed a petition, you can file a demurrer based on the statute of limitations. Since this is complex, hire an attorney to assist you.
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Q: I am a minor inheriting money from a deceased great-grandparent as stated in the will. Can I access it emancipated?

1 Answer | Asked in Juvenile Law and Probate for California on
Answered on Aug 20, 2016

An attorney would have to review the terms of the will; but do you mean trust? A court would probably require that the funds be held for you by a custodian or guardian until the age specified in the will or trust. It's the decedent's intent that must be determined. Is there a clause allowing for the use of the funds for your education? You may not get the funds even if you were an emancipated minor.
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Q: If i bought a house with someone else he passed away does his wife get his half? She was never on the loan or title?

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Aug 20, 2016

It depends on how you held title. The vesting is usually expressed as "joint tenants" or as "tenants in common." If you are joint tenants, then you will receive his half, since you will have the right of survivorship. If you are tenants in common, then you will not receive his half.
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Q: My brother died intestate in Florida June 1st. No spouse. I am the only living next of kin. Personal property only. Help

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Aug 20, 2016

It looks like disposition without administration may fit. The amount that you paid to the funeral home plus what the indigent program paid, seems to exceed the value of the firearms and the vehicle would be exempt.

As you appear to know, Florida Statute 735.301 Disposition without administration.—, provides as follows:

"(1) No administration shall be required or formal proceedings instituted upon the estate of a decedent leaving only personal property exempt under the...
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Q: How do I become the executor of my deceased sister's estate?

1 Answer | Asked in Probate for Texas on
Answered on Aug 19, 2016

To be the Executor, your sister would have had a Will in which you were named. If your sister did not have a will, then you would File and Application to Determine Heirship and Request Independent Administration. There are many factors that would be reviewed as it could make a difference if your sister was married, had adult children, etc. You should consult with a probate attorney in your area who will provide you options for your personal situation. Best wishes.
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Q: If i bought a house with someone else he passed away does his wife get his half? She was never on the loan or title?

1 Answer | Asked in Real Estate Law and Probate for California on
Answered on Aug 18, 2016

Not necessarily. It depends on how the title to the house was held. It is possible that the entire house became yours when he passed away. It is also possible that his share was distinct from yours and when he died, the share was subject to disposition according to his estate planning wishes (e.g. his will). If he had no will, then intestacy may apply in which case the answer depends on whether he had kids and, if so, how many.

In short, there is no easy answer. It depends on many,...
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Q: my mom passed away last year what do i have to do to change my mom's house under my name?

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on Aug 18, 2016

It depends on how the house was titled and what estate planning documents (e.g. will, etc) your mom had. You may have to go through the probate process. You are not automatically entitled to your mom's house just because you were your mom's daughter.
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Q: Can a person who lived, owned property and died in NC file probate in FL?

1 Answer | Asked in Probate for Florida on
Answered on Aug 18, 2016

No. The personal representative would file in the state of the decedent's domicile (which would often also be the decedent's residence). In your example it would be North Carolina.

I am assuming you ask this because you wish to file a probate petition with respect to a North Carolina decedent and you are in Florida. It may be possible to do that there without actually traveling to North Carolina, but if that state is similar to Florida there are restrictions: with certain exceptions...
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Q: at the time my mother passed away i was living in her home providing hospice care to her.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for California on
Answered on Aug 17, 2016

Yes, as a tenant in the home, you must be given notice to move. What notice you are entitled to depends on the circumstances.
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Q: My father passed away in 2001 in new hamp. and his girlfriend kept everything. Is it too late to ask for property?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Aug 17, 2016

Yes, of course you can ask for some property from the girlfriend.
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Q: When I die I'd like to leave a property I own in another state to the tenants who rent it.

1 Answer | Asked in Probate, Estate Planning and Real Estate Law for California on
Answered on Aug 17, 2016

Yes, you can do that. You will have to make a will in order to do that. I assume that the property is not quasi-community property.
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Q: In CA dad died intestate, made heir w/ brother, been paying mortgage. Selling house, can we get paid back?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for California on
Answered on Aug 17, 2016

Creditors of the estate must be paid before any beneficiaries receive any inheritance. If you have been advancing money to the estate, then you are also a creditor and you can make a creditor claim. Even if not required, you may want to go through a formal probate petition to sort out what creditors get paid.
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Q: Mother created Revocable Trust in CA, but died in FL (resident past 3 years). Do I notify CA Probate?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Aug 17, 2016

If there is a trust, then there shouldn't be any assets that are in the probate estate. So you shouldn't have to bring a probate petition unless there is some property that is not titled in the name of the trust. However, you will still have to do some trust administration.
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