Probate Questions & Answers by State

Probate Questions & Answers

Q: My mom passed away, no will, no property, just personal belongings. Was i supposed to go thru probate? She was financing

1 Answer | Asked in Probate for Tennessee on
Answered on Jul 22, 2016

I don't think any serious errors have been made, based on your question. You don't say, but I assume your mom was single ( either divorced or widowed) or in other words, there is no surviving spouse. If so, as an only child, under Tennessee inheritance law, you now own whatever she owned. You say there was no land ( property) -only personal belongings, so ok, those are now yours. You do NOT owe her debts because you are her child, but her creditors ( if there are any) do have the right to be...
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Q: I am the executor of my husband's estate. Once I sell the house and mortgage takes their portion, will they mail my chec

1 Answer | Asked in Real Estate Law and Probate for Pennsylvania on
Answered on Jul 22, 2016

What ordinarily occurs is that there is a settlement at a title company. The title company will send a check to the mortgage company and will hand you a check for the net proceeds. However, if there was no Will, you are the "Administratrix," not the "Executrix," and, if there are children, they would be entitled to a percentage of the net sale proceeds as a matter of law, irrespective of whether they have a "right to the house." However, although you did not mention it, if you and your...
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Q: After 7 months does a child have the right to collect on her parents inheritance they're both died from a murder suicide

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Answered on Jul 21, 2016

If both parents (who are married to each other) have passed, then the children are the heirs to the parent's estates. Every other fact you've stated is irrelevant. She will have to get an attorney to assert her interest.
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Q: Mother passed with no will. All accounts were joint or had beneficiaries except one. Is probate necessary?

1 Answer | Asked in Probate for California on
Answered on Jul 21, 2016

It depends on the value of that property (and I assume she has no real estate in her probate estate). If it is more than $150,000, then a probate action is required. If it is less than $150,000, then a probate action is not required. You could obtain the property with an notorized affidavit.
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Q: What type of attorney (assuming probate?) would I seek assistance from?

1 Answer | Asked in Probate for Minnesota on
Answered on Jul 21, 2016

Hire an estate attorney.
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Q: My brother passed away a few months ago. He has no kids. Who inherits his estate. And should I be notified.

1 Answer | Asked in Probate for Oregon on
Answered on Jul 20, 2016

No way to tell. For one thing, did he have a will or an estate plan? Those would determine who gets what. If he died intestate, then the intestate laws determine it.
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Q: My father passed leaving his niece as executor. Do I have any rights to property before they sell it? i.e his truck

1 Answer | Asked in Estate Planning and Probate for Michigan on
Answered on Jul 20, 2016

The personal representative is responsible to generate as much as possible from the sale of the truck. Tell the personal representative you are interested and you want to buy the truck. Being a beneficiary gets you not discount or leverage, but the personal representative might agree to have you take the truck as part of your inheritance if the 2 of you can agree on a price.
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Q: Dad's 2nd wife says she has a newer will than the 1 I have but refuses to show it to me and is selling stuff; can she

1 Answer | Asked in Probate for Ohio on
Answered on Jul 18, 2016

It is unclear to me whether the father is alive or deceased in this question. If the father remains alive, he and his wife are free to sell their stuff no matter what the will says. If not, one can always contest a will, which would certainly get them to produce it.
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Q: As and Oregon resident am I responsible for brother's remains in California?

1 Answer | Asked in Probate for California on
Answered on Jul 15, 2016

It doesn't seem that you're responsible, it may be the county that is responsible.

Health and Safety Code §7104 (a) When no provision is made by the decedent, or where the

estate is insufficient to provide for interment and the duty of

interment does not devolve upon any other person residing in the

state or if such person can not after reasonable diligence be found

within the state the person who has custody of the remains may

require the...
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Q: My mother died over 4 yrs. ago with a will but my sister and I never probated the will. We found out that she had some

1 Answer | Asked in Probate for Texas on
Answered on Jul 15, 2016

Generally, you are unable to have the will admitted after 4 years, depending upon location, amount of money, debts of her estate you may be able to file a small estate affidavit and proceed in that direction. I suggest consulting with a probate attorney where you can speak in private and receive direct advice. It's never a good idea to do or not do something based on what an attorney might say in an online forum.

Best wishes to you and your sister.
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Q: In Florida, does a house always go into probate and get tied up for months, even if there is a will?

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on Jul 15, 2016

I think you must have misunderstood what the lawyer told you. For real property such as a house, a probate petition must be filed, whether or not there is a will. How long it takes depends, but there is a minimum period of time required for notification to creditors.

I have found reference to "Lady Bird deeds" in the past, but cannot find a reference to them at the moment. I don't believe that they are available in Florida. But in any case, putting the property in trust may well...
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Q: In TN if I died and I had a safety deposit box that I didn't tell my wife about would she be notified and gain access

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Answered on Jul 14, 2016

Some banks, most likely the smaller one, might be alert enough to notice a customer's passing due an obituary in the local newspaper, but it seems much more likely to me that the only notice your family would get would be a bill for the monthly or annual rent for the box. If an estate is administered, the representative of your estate can gain access to the box, but not necessarily your wife ( just because she is your wife). Her name is not on the box so only the court appointed representative...
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Q: Married. No will, Joint ownership of property. In Florida. Paid in Full. Spouse acquired medical debt during marriage.

1 Answer | Asked in Estate Planning, Collections, Consumer Law and Probate for Florida on
Answered on Jul 13, 2016

No, the surviving spouse should not be responsible for that debt unless the surviving spouse guaranteed the medical debt. Estate debts are only paid out of the available estate assets.
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Q: Grandmother made trust account for my homes taxes,paid made 3 months ,she died, after $14k of $100k Trustee stops

1 Answer | Asked in Elder Law and Probate for California on
Answered on Jul 13, 2016

Your facts are not clear and you will have to bring your documents to an attorney to review and give a full consultation.
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Q: Ex-husband applied to become administrator to his mother's estate, who died intestate. Ex-husband owes substantial

1 Answer | Asked in Divorce, Family Law and Probate for California on
Answered on Jul 13, 2016

The administrator of an estate is the person who is the personal representative of the estate. The assets of the estate and separate from the assets of the administrator. The appointment as administrator has nothing to do with what money the administrator owes.
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Q: My father passed away. How do I let the state know he has adult children?

1 Answer | Asked in Probate for California on
Answered on Jul 13, 2016

You may have to start a probate action to administer his estate.

You are required to give a copy of the death certificate to the California Dept. of Health Care Services.
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Q: Do I need to file a Will with the court if our parents left a Trust that includes all of the estate?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Jul 13, 2016

You are required to lodge the will with the probate court within 30 days of passing away.

Whether you need a probate action depends on how the property was titled. If the title was in the name of the trust, then you will not need any probate action. Check the deed to the house to see if the house is in the name of the trust.

Even if you do not need a probate action, you will need some trust administration.
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Q: What is pleading paper?

1 Answer | Asked in Probate for California on
Answered on Jul 13, 2016

Pleading paper is paper that conforms to California Rules of Court requirements for paper submitted to the court under Calif. Rules of Court rule 2.100, et seq. It's the paper you've seen before with the numbers double spaced down the left hand side. You will draft your own pleadings, motion, etc. on pleading paper, as opposed to using a Judicial Counsel form.
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Q: Brother died 3 weeks ago without a will. There are four siblings. Our sister has been appointed to be the

1 Answer | Asked in Probate for California on
Answered on Jul 12, 2016

The steps the probate administrator must take prior to selling the homes will depend on whether the estate is probated in California or Arizona. Since there is real property in both states, there will be primary probate on one state and an ancillary probate in the other. (The California property requires a probate action in California, while the Arizona property will require one in Arizona.)

At a minimum, in California the representative will need to provide you with a Notice of...
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Q: My mom died without a will. The house is paid for and I lived with her. I have the deed. What do I need to do?

1 Answer | Asked in Probate and Real Estate Law for Florida on
Answered on Jul 12, 2016

If the home was your mother's homestead property and the deed to the home is just in your mother's name, you should pursue a petition to determine homestead status of real property which sometimes is a stand-alone action or is part of a summary administration. The order on homestead determination would transfer the property to you and your sister.
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