Probate Questions & Answers by State

Probate Questions & Answers

Q: Does a court appointed personal representative (widow)have the right to sell property before closing of Probate Case ?

1 Answer | Asked in Probate for Florida on Apr 20, 2015

Answered on Apr 22, 2015

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Robert Jason De Groot's answer
I would have to review all of the facts and circumstances, as well as the complete probate file, in order to answer fully.

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Q: father passed away,

1 Answer | Asked in Probate for Florida on Apr 19, 2015

Answered on Apr 20, 2015

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Robert Jason De Groot's answer
Report this as elderly abuse if the facts are right. DCF investigates, or you can do an internet search for the elder abuse hotline.

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Q: My father in law has recently passed. He owned a third of a house along with two siblings. He left no will.

1 Answer | Asked in Probate for Florida on Apr 18, 2015

Answered on Apr 19, 2015

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Robert Jason De Groot's answer
There are not enough facts here to give you an answer. The main fact that needs to be known is how the siblings owned the property.

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Q: 1. Does property (house) left to beneficiaries need to be put in their name? House will be sold. 2. The deceased lived

1 Answer | Asked in Probate for Florida on Apr 16, 2015

Answered on Apr 17, 2015

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Robert Jason De Groot's answer
In the county where the decedent resided. Yes, the probate court puts the property into the names of the beneficiaries.

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Q: Can a court force a settlement on beneficiaries?

1 Answer | Asked in Probate for Florida on Apr 14, 2015

Answered on Apr 15, 2015

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Robert Jason De Groot's answer
It is probably not a matter of forcing anyone to do anything, but just the approval by the court of a proposed settlement. See an attorney about this.

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Q: Dad died in Minnesota but had a p.o. Box in Florida, he was an RVer. Why does probate need to be in FL?

1 Answer | Asked in Probate for Florida on Apr 9, 2015

Answered on Apr 10, 2015

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Robert Jason De Groot's answer
There are not enough facts here. You did not say where the bank account is or how you have learned that probate needs to be filed in FL. Go see a probate attorney about this.

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Q: My cousin has $ 461.00 in Bank of America . She died in Indonesia..I am the executor and want to send this to Indonesia.

1 Answer | Asked in Probate for Texas on Apr 5, 2015

Answered on Apr 9, 2015

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Nancy Hui's answer
You said you are an executor so there has to be a will. Where this $461 goes will depend on what the will says. Not "you want to send this to Indonesia". The fact that she died im Indonesia also complicates the situation. there are other factors to consider if probate should be done in the U.S. or in Indonesia. Even if we assume that probate should be done in the U.s., you are correct that the cost of probate (even the simplified route such as small estate affidavit) still will cost more than...

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Q: Do waiver of notice on probate of will have to notarized?

1 Answer | Asked in Probate for Florida on Apr 7, 2015

Answered on Apr 8, 2015

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Robert Jason De Groot's answer
That is a good question, and the answer is both yes and no. It is best to have it notarized.

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Q: MY father passed away 7 yrs ago I did probate the will, my mother still lives but living in a nursing home. The house

1 Answer | Asked in Probate for Texas on Apr 1, 2015

Answered on Apr 5, 2015

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Nancy Hui's answer
therr are not enough details of your case for a full analysis. For example, what does the power of attorney cover. Is your mother mentally competent now. Who are the owners of the house. Who are the heirs of your mother. What other assets does your mother have. Is she getting any medicaid benefits. Depending on what the answers are to those questions, you may or may not have right to the house. There are also various ways to try and have the house pass down to you. You will need to discuss...

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Q: Mom dies with no will. What happens if no one probates?

1 Answer | Asked in Probate for Texas on Apr 2, 2015

Answered on Apr 5, 2015

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Nancy Hui's answer
I Supposed what you were asking is what will happen to her assets if her estate is not probated. If that is the case, it means that none of her assets can change hand. If she owns a house, the house will stay in the name of her estate. Same thing for money in her bank accounts, investment accounts etc. There is, however, an exception. If the assets are "non probate" assets, eg joint account with right of survivorship, or a IRA account with designated beneficary, then those assets can pass to...

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Q: I am an only child. My mother had a will naming as the only heir. Do I need to hire an attorney or can I file for

1 Answer | Asked in Probate for Alabama on Apr 2, 2015

Answered on Apr 5, 2015

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Mr. James Parrish Coleman's answer
You tell me. What do you know about how probate works? In what priority must debts be paid? What things must you do as far as debts are concerned? Who has to get paid out of the estate other than you? Explain the probate process from start to finish -- and how long does that take? Is the will valid? How do you know? What are the requirements for a valid will in Alabama? Answer these questions before you decide that it is a good idea to save money on legal matters.

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Q: my husband died without a will in Miami dade county florida how do I apply to serve as administrator of estate?

1 Answer | Asked in Probate for Florida on Apr 2, 2015

Answered on Apr 3, 2015

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Robert Jason De Groot's answer
By hiring a probate attorney in your area. I do not know enough facts to be able to answer fully, but it appears that you will have a life estate in the home.

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Q: Father passed Nov 2013. How long can my brother take to distribute items in will? My sisters ex is asking me about stuff

1 Answer | Asked in Probate for Florida on Mar 30, 2015

Answered on Apr 1, 2015

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Robert Jason De Groot's answer
Go see a probate attorney so that all the facts can be discussed. The will has to be probated. A court case has to be filed, in other words.

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Q: Hi, If an personwith no will dies & leaves credit card bills, are the heirs liable for them?

1 Answer | Asked in Probate for Arizona on Jan 25, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
No, unless those debts were incurred during a marriage then the spouse may be liable. However, if there are assets in the estate, heirs who receive those assets can be liable to the extent of the value of the assets. Decedent's assets are to be used to pay debts before distributions to heirs.

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Q: I am executer of my father a estate three years ago . And I don't remember if I closed it or not. . How do I find out?

1 Answer | Asked in Probate for Arizona on Mar 4, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
Review the court's probate file. It will have the Closing Statement and such if you filed it. If not, it should be closed if all assets have been distributed and debts paid,

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Q: My late husband had debts that far exceeded his assets. The house was deeded as right of survivorship.

1 Answer | Asked in Probate for Arizona on Mar 9, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
The real property is controlled by the deed and is not part of the probate estate due to the survivorship right in the deed. Youir late husbands part of household goods, appliances, and wedding gifts and other personal property are the probate estate; the other half is already yours.

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Q: Are you required to sell the house to satisfy creditors showing outstanding debt/judgments on credit report of decedent?

1 Answer | Asked in Probate for Arizona on Mar 10, 2015

Answered on Mar 28, 2015

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Stephen J Gonzalez's answer
You are not required to sell the assets but the debts should be paid to the extent of the value received by inheritance. Estate assets should not be accepted without paying the decedent's debts.

Also, the is a federal law called the "Garn Act" that prohibits a lender from demanding the full balance by reason of the death. In other words, you should still be able to make the mortgage payments in monthly installments.You do not have to assume the loan but can take title to the property...

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Q: My mom passed and left me her home. How do I go about having her property deeds changed over to my name?

1 Answer | Asked in Probate for Georgia on Mar 26, 2015

Answered on Mar 26, 2015

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Julie A. Rice's answer
It depends upon how the titles are deeded in the properties. For example, if the properties are deed to your mother and yourself with a joint right of survivorship, then there is no need to probate the estate and the deeds should automatically be rendered to you. If, however, the deeds are as tenants with the rights of tenants in common, then you will need to file each property in the probate court and have the properties and the personal belongs of each probated in the probate court.

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Q: I'm the executor and POA of moms will. It has been probated. Can I now sign papers to sell property.

1 Answer | Asked in Probate for Georgia on Mar 23, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
Yes, you should notify your brothers to make sure that there isn't any objection and address those issues in the event that they have some objection to the sale.

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