Probate Questions & Answers by State

Probate Questions & Answers

Q: If my mom dies and her only bank $ was less than her credit debts do i have to pay them? is pension distribution liable?

1 Answer | Asked in Probate for Florida on Jul 27, 2015

Answered on Jul 28, 2015

Follow Question


Robert Jason De Groot's answer
What you need to do is go speak with a probate attorney about this. You have to open an estate and the credit cards have to be paid.

Answer this Question View More »

Q: If my case was filed in one county a year ago and now I'm ask to open another probate in another county in Florida plus

1 Answer | Asked in Probate for Florida on Jul 22, 2015

Answered on Jul 25, 2015

Follow Question


Robert Jason De Groot's answer
Honestly, I do not know enough facts to be able to give you an answer. Speak with the wrongful death attorney that you hired about all of this.

Answer this Question View More »

Q: What lawyer do I need to probate my property

1 Answer | Asked in Probate for Ohio on Jul 22, 2015

Answered on Jul 23, 2015

Follow Question


Matthew Williams' answer
Look for a probate attorney.

Answer this Question View More »

Q: My mother and father are deceased. My mother was the last to die. Do we after 20 years have to probate her estate?

1 Answer | Asked in Probate for Oklahoma on Mar 21, 2015

Answered on Jul 23, 2015

Follow Question


Tyler R. Barrett's answer
Assuming your mother's portion of the property was owned in her name alone, as opposed to a trust or joint tenancy, then you will need to probate her estate. Depending on the circumstances, you might be able to sell the house during the probate case, with the court approving the sale. Or you could wait until after the probate case is over and ownership of your mother's portion of the property has been transferred to her heirs as determined by the court, presumably you and your siblings.

Answer this Question View More »

Q: Can I sue my father's widow, for my part of his estate, he had no will, and no children with her.She has not spoke with

1 Answer | Asked in Probate for Oklahoma on Jul 18, 2015

Answered on Jul 23, 2015

Follow Question


Tyler R. Barrett's answer
I am sorry to hear about your situation. Unfortunately, if the property was owned by your father and his wife in joint tenancy, there is nothing you can do. The property passed automatically to her upon your dad's death, and she is now the legal owner of the property.

Answer this Question View More »

Q: passing with no will

1 Answer | Asked in Probate for Florida on Jul 21, 2015

Answered on Jul 23, 2015

Follow Question


Robert Jason De Groot's answer
You need to go see a probate attorney about this if the uncle will not negotiate with you about it.

Answer this Question View More »

Q: my dad has several vehicles and he does not have a living will and i am his only child and we live in ohio who would get

1 Answer | Asked in Probate for Ohio on Jul 22, 2015

Answered on Jul 22, 2015

Follow Question


Matthew Williams' answer
The answer to your question depends upon whether your father has a living spouse and whether he has other children. If he has neither, then you are first in line. If he has one or both, then it gets really complicated, but the spouse, if any, is basically first, followed by the children having some share.

Answer this Question View More »

Q: My mother, brother, sister and I have a family agreement.

1 Answer | Asked in Probate for Arkansas on Jul 19, 2015

Answered on Jul 19, 2015

Follow Question


Adam Studnicki's answer
Sorry for your loss. Depends on what estate planning, if any, he has in place. Best to check with an Arkansas probate lawyer to be sure.

Answer this Question View More »

Q: My husband died in 2008 with no will, we lost our house, paid most of the debts we had. Do I need a lawyer still?

1 Answer | Asked in Probate for California on Jul 19, 2015

Answered on Jul 19, 2015

Follow Question


Adam Studnicki's answer
You might for a class action settlement. Check with a CA probate lawyer. Some states have procedures for estates below a certain dollar amount that can avoid probate.

Answer this Question View More »

Q: How do I transfer guardianship of minors estate from NV to AZ?

1 Answer | Asked in Probate for Arizona on Jul 14, 2015

Answered on Jul 18, 2015

Follow Question


Adam Studnicki's answer
If the probate court doesn't have self-help forms, you should consult a local probate lawyer for assistance.

Answer this Question View More »

Q: my brother passed away in 2013 and had no will, what do I do to get the monies from his personal bank account?

1 Answer | Asked in Probate for North Carolina on Jul 17, 2015

Answered on Jul 17, 2015

Follow Question


Melissa Averett's answer
You have to apply to be the administer of his estate by filing the forms and a copy of the death certificate with the clerk of court in the county where he died. You may have to pay a bond, unless all of his heirs sign a waiver.

Answer this Question View More »

Q: Is there any reason a probate lawyer can hold distributions a year after an estate has closed.

1 Answer | Asked in Probate for Georgia on Jul 16, 2015

Answered on Jul 17, 2015

Follow Question


Julie A. Rice's answer
The attorney is held to a high standard in this type of arrangement. If you have a question that he is breaching his fiduciary duties in this particular instance, then bring it to the judge's attention to resolve the issue.

Answer this Question View More »

Q: All my assets are in 2 brokerage accounts with my children as beneficiaries. Will my executors have to file Probate?

1 Answer | Asked in Probate for Maryland on Jun 21, 2015

Answered on Jul 16, 2015

Follow Question


Paul E. Draper's answer
If these brokerage accounts are titled as "TOD" or transfer on death accounts in which your children are the designated as beneficiaries then these accounts will not be part of your probate estate. These accounts will automatically transfer to your children after your death once they provide the brokerage firm managing these accounts with a certified copy of your death certificate. Your one son who is listed as power of attorney on those accounts only has power to act on your behalf while you...

Answer this Question View More »

Q: If a father dies without a will can a son more than 18 years inherit

1 Answer | Asked in Probate for Maryland on Jul 8, 2015

Answered on Jul 15, 2015

Follow Question


Paul E. Draper's answer
If a persons dies intestate or without a will, then that person's estate after paying his or her allowable debts and administrative expenses of the estate is distributed according to the laws of intestate succession. Accordingly, if a persons has a surviving spouse then that spouse is entitled to receive at least one-half of the estate and under certain circumstances the entire estate. If the deceased spouse has surviving issue (child or grandchildren) known of whom are minor then the...

Answer this Question View More »

Q: Are legal fees reimbursable in a small insolvent estate?

1 Answer | Asked in Probate for Maryland on Jun 22, 2015

Answered on Jul 15, 2015

Follow Question


Paul E. Draper's answer
Unlike personal representative's commissions in a small estate, counsel fees are not prohibited. However, since there are no statutorily allowed commissions, the attorney seeking counsel fees must submit a petition for counsel fees with the the orphans' court. Furthermore, since counsel fees are not usually sought in small estate, orphans' court are reluctant to award fees unless they are for legal or extraordinary services over an above the usual services for administering a small estate.

Answer this Question View More »

Q: Does a well in Georgia have to be probation lf a house is the only property my mother own. No dept on income due.

1 Answer | Asked in Probate for Georgia on Jul 10, 2015

Answered on Jul 11, 2015

Follow Question


Julie A. Rice's answer
If your mother owns a house (i.e. real property), then if she has passed away her estate needs to go through probate.

Answer this Question View More »

Q: My Mother passed 15 years ago the executor has not probate the will what happens now

1 Answer | Asked in Probate for Oklahoma on Apr 25, 2015

Answered on Jul 6, 2015

Follow Question


Tyler R. Barrett's answer
If your mother owned any property in her name alone at the time of her death, then a probate will still be necessary in order to legally transfer title of the property to her heirs. Because the named executor has neglected to probate the estate for so long, another interested party (such as yourself) could petition the court to be appointed to oversee the estate.

Answer this Question View More »

Q: My parents are deceased and I am the only surviving heir..What do I do about the property?

1 Answer | Asked in Probate for Oklahoma on Mar 16, 2015

Answered on Jul 6, 2015

Follow Question


Tyler R. Barrett's answer
More information is needed to answer your question. In particular, how was the property titled? In both your parents' names as joint tenants? In only one of their names? Most likely, it will be necessary to probate one or both of the estates of your parents. I recommend that you seek the advice of a probate lawyer on how to proceed. You can call my office at (405) 928-4075 to schedule a free consultation.

Answer this Question View More »

Q: What is the distribution of an insurance company upon death of owner in oklahoma if deceased has no will

1 Answer | Asked in Probate for Oklahoma on Mar 28, 2015

Answered on Jul 6, 2015

Follow Question


Tyler R. Barrett's answer
To whom, and in what proportions, insurance proceeds are distributed following the policy owner's death depends on whether there was a payable-on-death beneficiary. If the policy owner designated a beneficiary prior to his or her death, then that person(s) would receive the proceeds. Otherwise, the deceased's estate must be probated, and the insurance proceeds would be paid out according to the Oklahoma laws of intestate succession. In this case, that would likely mean one-half to the surviving...

Answer this Question View More »

Q: Is it possible for probate to last over a year and a half?

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

Answered on Jul 2, 2015

Follow Question


Tyler R. Barrett's answer
Probate can be both expensive and time-consuming. For smaller, simpler estates, a probate case in Oklahoma can be completed in a few months. However, several factors can extend this timeline, such as creditor claims, disputes regarding the validity of the will or challenges to appointment of the personal representative and where there is property to be sold.

It's unclear from the information you provided whether your grandpa's house is to be sold. If it is, that could be what's...

Answer this Question View More »