Lawyers, Answer Questions  & Get Points Log In
Probate Questions & Answers
1 Answer | Asked in Probate for Arkansas on
Q: Do I need to probate household items if I own the house?

My aunt sold me her house in 2016, but still lived in it until her death this year. Do the household items need to be probated or are they mine since I’ve owned the house since 2016?

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2022

Contents of a house are separate from the house. IF your aunt still owned the contents when she died, then they are part of her probate estate.

I put "IF" in capital letters because that is a missing fact. Did she own them? Or did she sell them to you with the house? You...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Probate and Real Estate Law for Kansas on
Q: I signed a contract to sell inherited land once probate was done and land put in my name, would it go to an estate acct?

My father passed away March 31 2021. After he passed away, my neighbor asked if I wanted to sell 5 acres of our 40 acres we have to him. I said yes but made it clear to him I would have to wait until the land was switched to my name. (Side note- my neighbor and the lawyer who handled the probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 26, 2022

Such a sale can go one of two ways. First, the heir you can wait until the property is transferred to the heir and then sell it, in which case the sale proceeds are made payable to the heir.

Or, the property can be sold by the estate while still in the estate, in which case the sale...
Read more »

1 Answer | Asked in Probate for Washington on
Q: Owner of a property died. What paper does his living son need to file in Probate court to put the property in his name

I purchased a property in Tokeland saying that it had a private Well to supply water my water. 3 1/2 years after the sale it has been determined that my water actually comes from an Artesian Well on someone else's property, ( not disclosed in the real estate documents ). The owner of this... Read more »

Keith Armstrong
Keith Armstrong answered on Jan 25, 2022

Hi, Aberdeen resident. This is a tricky situation because it deals with who has authority and who has not. First, your access to the water may need some thought so that you can continue water access. There is a good chance you can continue with an agreement with the deceased's estate.... Read more »

1 Answer | Asked in Probate for Georgia on
Q: How can I get assistance in probating an estate?
Anthony M. Avery
Anthony M. Avery answered on Jan 25, 2022

Hire a competent GA attorney. Start by contacting the GA lawyers on this site.

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother recently passed away leaving no will. The only children were my brother and I but he has just recently passed.

My mother has a home that I know she wanted to leave with me becaused we've discussed it. I had a brother who passed away recently after my mother. My brother and I were in the process for me to have full ownership of the home because he was ill and residing in a nursing home and did not want... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

You have not stated what the title is. But it may result in you and the Son being tenants in common. If so, you may wish to have a lawyer draft a Deed with a proper derivation of title clause, and try to buy him out. Remember taxes, insurance and note payments must be made, or a foreclosure... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Planning for the future, what is the process once my Mom passes? She only has home furnishings in a small rental home.

Mom has a will listing me as the Executor and me an my sister as the beneficiaries. She rents a small condo and her only debts are the monthly rent and utilities. Her bank account is joint account with with me. Her only assets are the personal property in the home (furnishings, kitchen ware,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

It does not appear that Probate would accomplish anything in your situation. In fact, it would attract creditors.

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: Are any of these wills still good?

My Grandmother made a will and then changed it by doing a second will. When she died recently, we found the original of the first will she did but we could only find a copy of her second will and not the original. We don't know if she wanted to get rid of her second will or if she just lost... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 24, 2022

Based on your post, it is highly recommended that you consult with, and then possibly hire, a successions attorney in your area to assist in determining which will is to be used.

1 Answer | Asked in Probate for Connecticut on
Q: Does a life insurance policy have to be listed in probate?

I have been paying on a life insurance policy for my great uncle for over 20 years and am listed as the beneficiary, does this policy have to be listed in the probate proceedings?

Steven Basche
Steven Basche answered on Jan 23, 2022

Not strictly speaking. Life insurance passes outside of probate. That said, the proceeds will probably need to be listed on the estate tax return. The proceeds may be included in your great uncle's estate, but unless the total is over 9.1 million (for 2022), no estate tax will be owed.

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
Nina Whitehurst answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

1 Answer | Asked in Probate for Texas on
Q: How does one go about getting a copy of a will?

My husband's mom died last year and his sister was made executor of the will. My husband has never seen the will, and has no idea what's in it. Ant way he can get a copy, and if so, from where?

Isaac Shutt
Isaac Shutt answered on Jan 23, 2022

If a will is filed for probate, it is actually public record. You can look at the probate court's website to see if a probate has been filed. If so, the county clerk can send you a copy of the will. Of course, the easiest thing to do is to have a consultation with your own probate attorney.... Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit/waivers will be needed to convey & allow 1 heir to sign over their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their interest/portion of the property

Brent T. Geers
Brent T. Geers answered on Jan 22, 2022

There should be a written agreement between the heirs that one takes the house. Then the PR executes a deed of personal representative to that person. Because you are dealing with real property, you should do this under direction of an attorney.

1 Answer | Asked in Probate for Wyoming on
Q: My father passed away in 2019 in March and I just found out how can I find out if he had a will

I just got a copy of his death certificate

Anthony M. Avery
Anthony M. Avery answered on Jan 21, 2022

Check with whatever Court handles Probate jurisdiction in WY. Start with the County he died in, then possibly a County he owned real property. Ask was there a Probate for your Father? If so, read the File. If no Probate, then no Will has been Probated. Check the Land Records in whatever... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

Theressa Hollis
Theressa Hollis answered on Jan 21, 2022

Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »

1 Answer | Asked in Probate for Missouri on
Q: Couple who split up, man passed away, spouse claiming common law marriage, any rights to the decedents property?

They split months before passing.

Lloyd M. Nolan
Lloyd M. Nolan answered on Jan 21, 2022

Missouri does not recognize Common Law marriage, unless the couple was living in another State where it was lawful. Beyond that, it sounds to me like they WERE married but had separated. If they WERE legally married, separated or not, at the time the decedent died, then the Wife is entitled to... Read more »

1 Answer | Asked in Probate for Michigan on
Q: Which type of Deed(s), affidavit(s) /waiver(s) is needed to convey & allow 1 heir to transfer/relinquish their interest?

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property.

Kenneth V Zichi
Kenneth V Zichi answered on Jan 21, 2022

We really cannot give specific legal advice in a forum like this. There are too many possible variables to provide a 'definitive' answer.

You need to consult with a local real estate / probate attorney to insure things are handled properly. Don't be 'penny wise and...
Read more »

1 Answer | Asked in Probate for North Carolina on
Q: Probate question regarding dwnpymt to contractor who passed. Family didn’t file probate said they would include claim.

Had contact to build fence. Made payment. Contractor died. Wife said she would include our claim. Numerous text messages. Finally I called courts. No probate case filed in his county of residence. Inform wife and now she isn’t responding. Can I sue his unfurled estate for my deposit?

Ben Corcoran
Ben Corcoran answered on Jan 21, 2022

Once 90 days since the death has passed, any interested party can open the estate and apply to be the administrator. However, you will likely have to post a bond, and the wife can claim the first $60,000 in the estate before any creditors get paid. I don't know how much your deposit was, but... Read more »

1 Answer | Asked in Real Estate Law and Probate on
Q: My friend's Dad died and she owns 1/3 of the property and her dad had a 3rd. They can not get the other person to sell

The property is in MO

Nina Whitehurst
Nina Whitehurst answered on Jan 20, 2022

When property is owned by multiple people, one or more of whom want to sell and the other(s) don't, you have two choices. (1) The ones who do not want to sell can buy out the interests of the ones who do want to sell, or (2) the ones who want to sell can start a lawsuit usually called a... Read more »

1 Answer | Asked in Probate for Michigan on
Q: How do the heir that’s the Personal Representative convey in this situation?

Mother died Intestate

Only 2 heirs , no mortgage. One heir is also Personal Representative. There’s no additional unpaid debts or reason to sell house & 1 heir wants to sign over their portion of the property. Which type of Deed(s), affidavit or waivers will be needed to convey &... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jan 20, 2022

You transfer it in the same way the personal representative would transfer any other property. With a proper deed and property transfer affidavit(s). But if the transfer is different than what the will/laws of intestacy calls for by agreement of the parties, there also needs to be appropriate... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.