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Your current state is Virginia
I live in California and have been married for 23 years. Our home was purchased three months before our marriage, and my name was never added to the title. All our assets, including bank accounts, savings accounts, car, camper, and property, are in my spouse's name. We want to avoid the delays... View More 
answered on Apr 23, 2025
The fact that your spouse did no estate planning prior to death is unfortunate. I always tell people that they should set up an estate plan FOR THEIR LOVED ONES, not for themselves -- because they'll be gone! So, people have a choice of leaving their loved ones a nice, neat package with... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More
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answered on Apr 23, 2025
Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More
answered on Apr 23, 2025
I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named... View More
I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?
answered on Apr 23, 2025
Please accept my condolences on the loss of your father. You will likely need to open an estate for your grandfather and your father to transfer the property to you. First, in your grandfather's estate, his heirs would be determined and a court order would transfer the property to his heirs... View More
I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?
answered on Apr 23, 2025
This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review... View More
I am involved in a dispute over my mother's beneficiary designation. My sister claims there is a will from 2014 naming her as the beneficiary, but I have paperwork from the funeral home from 2016 indicating the funeral director was named the beneficiary. Additionally, the funeral director... View More
answered on Apr 23, 2025
First, a Will that was not rescinded has standing. If the funeral home state there is no Will, then I would inquiry as to why they have paperwork naming them a beneficiary that is not a Will. Since you mother has passed, I would suggest filing the Will with the court and the document the funeral... View More
I urgently need legal guidance regarding my late mother's estate in California. My brother has excluded me from my rightful inheritance and is using the assets for personal gain. He denied me access to sentimental belongings like jewelry, family albums, a bedroom set, vehicles, and bank... View More
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answered on Apr 22, 2025
You have several legal options under California law:
1. Request an Accounting
As a beneficiary, you can demand a formal accounting of the estate. If your brother refuses, the court can order it.
2. Remove the Trustee
You can petition the court to remove your brother... View More
In Tennessee, I want to create a life trust where I, as the mother, remain the tenant of the property until my death, at which point my daughter, the beneficiary/remainderman, takes possession. My goal is to avoid probate. There are no liens on the property. One deceased son, who is the brother to... View More
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answered on Apr 22, 2025
The BEST solution is a deed to a trust, either revocable or irrevocable (choice depends on other goals and concerns). With a trust you can (a) avoid probate, (b) preserve step up in basis at death to save on taxes for your daughter, and (c) protect you from your daughter's creditors during... View More
How is it insured all beneficiaries named have received their inheritance as per the wills dictation
answered on Apr 22, 2025
If, after a reasonable time, the court-appointed executor refuses or delays distributing proceeds to beneficiaries named in the will, the court may order them to distribute or may remove them and replace them with another suitable executor. This will typically require the beneficiary to file a... View More
I'm going through probate to acquire my late mother's estate, which includes a property currently in foreclosure. There are no other assets. I want to proceed so I can sell the property. The foreclosure process hasn't been completed yet, and my timeline is to complete everything in... View More
answered on Apr 22, 2025
With proper authority from the court, you should proceed with the marketing and sale of the property during the redemption period. More importantly, you should contact the lender or the lender's attorney to advise them of the probate. Depending on the equity position as well as whether the... View More
I'm involved in an estate court case concerning my late mother's will. My sister claims that our mother appointed her as the executor and gave her power of attorney (POA). However, I have my mother's medical records indicating that my sister was never officially appointed as POA, but... View More
answered on Apr 22, 2025
No. The medical records would be inadmissible hearsay. If the absence of a power of attorney is somehow relevant in a case to establish a will (i.e.: probate), you might be able to prove it with the testimony of witnesses such as your sisters.
I need a DNA test with my deceased parent to claim my father's last name legally. The morgue informed me that a lawyer's assistance is required to proceed. We never needed a DNA test before, as we always accepted him as my father, but now that he has passed away, I cannot get any help... View More
answered on Apr 21, 2025
That's a new one on me. If you are an adult, and your legal last name is different than your father's, you may petition the Circuit Court (in your area) for a name change to any name you feel like, no DNA test needed. Consult a general practice attorney near you. Also, if you do on... View More
answered on Apr 21, 2025
You need to find out whether the house was owned with your father as a joint tenant or a tenant in common. If it was in a joint tenancy, you would have not interest in the property. If they own the home as tenants in common, there is a possibility that you have an inheritable interest, especially... View More
My husband passed away without a will. We are trying to administer his estate, which includes a primary home (listed as 'a married man'), a boat, two cars, and ranch land in another county in Texas. His daughters, one from a previous marriage and our daughter, are adults, and we are all... View More
answered on Apr 21, 2025
This is actually pretty straightforward, if all three of you are on the same page. You'll want to get a probate attorney to assist you with the probate process called "determination of heirship with independent administration". This will result in the appointment of an independent... View More
My father passed away on October 30, 2024. He was a resident of Osceola County, FL, and owned a home in Bledsoe County, TN. He left a will, and I went through the probate process in Florida, where I was appointed the personal representative as per the will. I have Orders and Letters of... View More
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answered on Apr 19, 2025
You can file a full ancillary probate if you would like , but most often that is not necessary. An easier way is to file and record an exemplified copy of the will.
I am the executor of my parents' living trust, which left the assets to be evenly split between my two brothers and me. I have the warranty deed for the house, and I need to buy out my brothers or sell the home within a few months. My brothers agree to be paid their share, with one directly... View More
answered on Apr 18, 2025
As the executor, you could enter into written agreements with your brothers to acquire their interest contingent upon financing in the form a reverse mortgage. It could then be presented to the court for its approval., if required by the jurisdiction that you are in.
Upon approval you... View More
My mother, who recently passed away, was left a property in Mineral Wells, Texas, in 'Et Al' with my grandmother's siblings as part of an inheritance. Now, all siblings have passed, leaving a son-in-law, a daughter-in-law, and multiple grandchildren. There is one holdout regarding... View More
answered on Apr 16, 2025
Yep. A lawyer can definitely guide you through this.
Step 1 - The lawyer will look at the real estate record to see what legal docs might be needed.
Step 2 - Depending on step 1, there might be some legal work to complete (such as a probate or affidavits of heirship).... View More
I am trying to find out if I am included in my late uncle Mike Sampani's last will and testament. My family and I are California citizens, and I would like confirmation of what my involvement, if any, is in the will. I have not seen the will myself. How can I obtain this information?
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answered on Apr 16, 2025
To find out if you’re included in your late uncle’s will in California:
1. Contact the executor. If you don’t know who the executor is, ask family members. Executors are legally required to notify all named beneficiaries. If you’re included in the will, you should receive a formal... View More
I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More
answered on Apr 16, 2025
If there is an asset that still remains in your husband's name and you need to transfer it to the beneficiary of the will, you can still probate the will and qualify as personal representative to make that happen. If you are simply trying to comply with the Florida statute that requires the... View More
I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More
answered on Apr 16, 2025
Yes, it is an affirmative duty to submit the Will to the clerk of the court in the county where your husband resided and yes, a law office can help you with this if you are out of state or otherwise need help. In accordance with Florida Law, the person in possession of the Will (custodian of a... View More
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