Probate Questions & Answers

Q: Can I still have children with my husband if his probation order stayed he can’t be around those under 18?

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Probate for Texas on
Answered on Feb 19, 2018

You should ask this question to your husband's attorney, but does his probation order prohibit unsupervised contact with any child under 18, or any child he is not related to? A sex offender's children are not exempt from the order; you should request the probation order be modified before you have children. Good luck.
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Q: My mother just died on the 15th the mortuary guy said I only have 10 days to file for probate.Is this true?

1 Answer | Asked in Estate Planning and Probate for Colorado on
Answered on Feb 19, 2018

Since there is a lot here, you are advised to schedule an appointment with the attorney you mentioned. The attorney should be familiar with your mother's estate and can advise you.

As far probate, it is possible based on the size (or lack of size) of the estate that probate is not required. Additionally, you do NOT need to file for probate within 10 days of death. In fact, there may be reasons to wait at least 1 year from death before filing. I think the mortuary representative may...
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Q: How many years after my mom is deceased can you put the property in my name with out going through probate?

1 Answer | Asked in Intellectual Property and Probate for Oklahoma on
Answered on Feb 19, 2018

Your question is interesting. Without more information it would be difficult to answer.

You, by yourself, cannot simply put the property into your own name.

If the property was solely in your mother's name, then we would look to the Will or Trust to determine who has rights to it. If she had no Will or Trust then we would look to intestacy statutes.

If she died intestate (without a Will) we would need to determine who were her heirs at the time of her death. This...
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Q: My mom died in 2005. We could only find an unsigned will by her. Our father passed earlier

1 Answer | Asked in Probate for Texas on
Answered on Feb 19, 2018

An unsigned Will is of no legal effect.

If there are two witnesses who would not inherit and who can testify as to the family composition, you might be able to file an Affidavit of Heirship in the deed records and then have all the other siblings deed their interests to the one. Please keep in mind that title insurance is not likely to be available for a year and that the courts will not enforce an Affidavit of Heirship until it has been of record for five years with no one...
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Q: My mother's will is in Georgia. My sister is PR but has delayed doing her job for almost 2 years. What are my options

2 Answers | Asked in Probate for Georgia on
Answered on Feb 19, 2018

You can file a motion to compel production of will. You can file a petition to appoint permanent administrator and tell court what is going on.
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Q: my brother died with no will/ trust. he owns a house that I guess will go into probate. He has only one daughter.

1 Answer | Asked in Probate for California on
Answered on Feb 19, 2018

I assume that your brother was not married at the time of his death. Yes, his daughter can move into the house until the probate matter is resolved.
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Q: My dad passed and owned oil mineral rights in Illinois

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Answered on Feb 19, 2018

The remainder after two other persons' lives could be very valid. However the document probably will not qualify as will in Tennessee, and you and your Sister may be better off with your Father dying Intestate. You all need to hire a competent attorney to examine whether Probate is appropriate, and if so, you need to qualify as the Administrator.
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Q: The executive doesn't want to sell in probate because he lives in house for free, Can the other heirs put in probate?

1 Answer | Asked in Probate for California on
Answered on Feb 19, 2018

If the house has already been distributed through a probate proceeding, then the next legal step is a partition action to get a court order for the house to be sold and the proceeds divided equitably among the co-owners.
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Q: Home owner is deceased with no living relatives. Prop has 2 yrs back taxes. Any way to claim the prop before auction?

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Feb 19, 2018

Ask court to appoint you as administrator so you can deal with issues.
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Q: If a will has been filed for a deceased person with a home, shouldn't there be a probate case file on record?

1 Answer | Asked in Probate for Illinois on
Answered on Feb 18, 2018

If the will was lodged with the court, the first thing to do is get a copy of it and read it.

It may be that the will not probated because there was nothing to probate.

The house may have been in joint tenancy with someone else, in which case it became property of other person and probate was not necessary.
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Q: My mother passed away in early November of last year. She was in an assisted living apartment at the time.

1 Answer | Asked in Probate for Michigan on
Answered on Feb 18, 2018

Assuming you are right in that ONLY your mother signed the lease and you didn't guarantee it in any way, then yes, they could TRY to go after her estate, but if there was nothing in her name alone at the time of her passing, there are no estate assets for them to attach.

Look carefully at that lease -- MOST talk about what happens if there is a death. Most end the lease at that point, and particularly if you vacated and turned over the keys the facility is really stretching.

To...
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Q: my dad passed away and didn't leave a will. My mom passed away and left a will with my sister being the beneficiary

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 18, 2018

It depends on whether your father was married to your mother when he passed, and if so, whether his children were of your mother and father's marriage. You need a probate attorney to assist you.

Assuming parents were married at the time of dad's death and all his children came from their marriage, then the surviving spouse would get 100% of the community property, 1/3 of separate personal property with 2/3 going to the children, and surviving spouse gets a 1/3 life estate in the...
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Q: Can a doctor inheit from his patient?

1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Answered on Feb 18, 2018

Was the doctor a family member of the patient? Did the patient have any other family out there? If the patient was married in Texas and had no pre or post-marital agreement, then a large gift could give away more community property than the patient is entitled to give away. Was the doctor a witness who signed the will? What was the testator's intent behind giving the gift? Was the gift tied to a charitable purpose such as for "Doctor X's ongoing cancer research," for example? More...
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Q: My father died 16 months ago, his will has been read and his estate distributed we just got a bill do we need to pay it?

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 18, 2018

This question is difficult to answer without additional information. You need to contact a probate attorney to help figure this out. "Reading" a will and distributing an estate does not say much. And what is the bill for? Is it for a credit card he had or a care note? Was it an electric bill for a home that one of you is now living in? Was the estate probated and an inventory filed? Answering these questions is important.

If you haven't filed for probate, you should. Doing so gives an...
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Q: My step Grandfather left a will leaving my deceased Mother (his Stepdaughter) and my Developmentally challenged Sister

1 Answer | Asked in Family Law and Probate for Texas on
Answered on Feb 18, 2018

This is a tough question. It depends on the terms of your grandfather's will and whether your mother left a valid will stating whom shall benefit from her estate and how. It may also depend on who died first or the length of time between their deaths if your mother pre-deceased your grandfather. Without viewing both of their wills, this question is nearly impossible to answer.

Regarding the Texas anti-lapse statute, it is designed to prevent property being given away under a will, to a...
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Q: My daughter will be 18 in Just days... is it required that her fathers property and house go into a trust and probate?

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Texas on
Answered on Feb 18, 2018

I'm sorry for your loss. This is never easy and family members being at odds makes things worse. This is a very complicated situation, and you need to contact a probate attorney to help protect your interests and those of your daughters. Without additional facts, it is difficult to ascertain who has rights to the dad's estate. I do know one thing for certain, DO NOT GET BULLIED BY THE GRANDFATHER.

First, I'm sorry to tell you, but there are no oral wills in Texas, and I'm not sure what...
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Q: does a home that is mortgaged have to be included in probate? Husband died, wife survived and mortgage is in both names

1 Answer | Asked in Probate for South Carolina on
Answered on Feb 18, 2018

If the home were in joint name with rights of survivorship (as most married couples own real estate) then it doesn't pass through probate, and it is the survivor's sole property by operation of law. If they owned as 'tenants in common' and not with survivorship conditions, then it MAY need to be probated.

If you aren't clear how the property was owned, then you need to see a local real estate lawyer ASAP to clarify the situation.

-- This answer is offered for informational...
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Q: What can we do about my mother’s husband wanting to take all her property after her death? He is Not a legal Citizen

1 Answer | Asked in Patents and Probate for Texas on
Answered on Feb 18, 2018

I'm terribly sorry to hear about your mother's loss and how complicated this is for your family. Without a bit more information it's difficult to determine what the proper outcome should be as it depends on many factors. One thing I know for sure is that you need to hire a probate attorney to help you with this issue.

If she had a will, start there. If the will names him as the beneficiary of the estate 100%, then you should think about contesting the will as people are not entitled to...
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Q: Can I become the administrator of my father's estate even tho he has been deceased for ten yrs

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Answered on Feb 18, 2018

It depends on various facts, and you should contact a probate attorney to assist you with this matter. Without more information, answering this question is difficult, so I will supply some hypothetical scenarios that may assist in answering your question.

Assume your father had a will. In Texas, people have four years from the date of a decedent's death to probate a will. After that, you can only probate a will under a few scenarios: 1) to provide a link in the chain of title for real...
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Q: There is a young man in my family that we have all considered a nephew recently we have found out that someone else is

1 Answer | Asked in Civil Litigation, Family Law and Probate for Texas on
Answered on Feb 18, 2018

A loved one's passing is never easy, and I'm sorry for your loss. This question is hard to answer without knowing whether your brother left a will or not. Yous should consult a probate attorney to assist you with this matter. One way to establish paternity is through genetic testing. If your brother had paternity established through a court for another child, then his DNA could still be on file with a screening center as they often hold on to DNA samples for a few years after testing. If so,...
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