Probate Questions & Answers by State

Probate Questions & Answers

Q: I have a hearing at a court about my deceased father real state, if i don't go do i receive nothing?

1 Answer | Asked in Probate for New Jersey on
Answered on May 24, 2016

Maybe, I suggest that you contact a California licensed lawyer as you posted your question in NJ
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Q: My wife and I live in a house on her mothers property.My wife recently passed away.How long until she can evict us?

1 Answer | Asked in Landlord - Tenant, Probate and Real Estate Law for California on
Answered on May 23, 2016

A landlord must normally give you 60 days written notice in order to terminate your tenancy without cause for a month to month tenancy. The exceptions are:

1. You live in a city or county (like San Francisco) with a "just cause for eviction" ordinance, prohibiting terminations without cause.

2. The owner may use a 30 day notice if: you lived in the unit less than one year or all of the following apply:The unit is a SFR or otherwise has title separate from other units on the...
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Q: My brother died unexpectantly with no will. He and my mom bought property but only his name was on title.

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on May 23, 2016

You will want to speak with a lawyer as soon as possible about how to solve this. Although there is no written agreement, in the right circumstances the oral agreement can be enforced on equitable principals. The key is showing proof that you Mom paid for the property and that this was not a gift. While not an easy case, it is not impossible and could likely be resolved by way of a negotiated settlement.

As your brother's estate is in probate, it is critical that your Mother file a...
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Q: My unc died Jan2016, my aunt is survivor, and giving everything he has away to her kids, don't I have inheritance rights

1 Answer | Asked in Family Law, Estate Planning and Probate for Florida on
Answered on May 23, 2016

Under the intestacy statutes, a widow takes before collateral relatives such as you. The reason she has to wait on the real property probably relates to the probate case. Technically, all the property is subject to that constraint, but only real property is subject to chain of title concerns; it can normally only be transferred by a deed and the seller has to have valid title.
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Q: My Mother put me in her will to own her house when she dies, will the house still go into probate

1 Answer | Asked in Probate for Florida on
Answered on May 23, 2016

Yes. Probate means the process of court-approved administration of decedents' estates. A will merely indicates who is to get what in that process.
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Q: Need proper venue for adjudication of parentage for amendment to birth cert. Family or probate? 1 parent deceased.

1 Answer | Asked in Family Law and Probate for California on
Answered on May 22, 2016

Yes, you will need a court order to amend your birth certificate. You can do this in family court in the county where you live.

Here is some further information that may help you:

https://www.cdph.ca.gov/certlic/birthdeathmar/Documents/Affidavit-BirthPAMPHLET-(01-16)-MERGED.pdf
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Q: my uncle past away living in the checking account that was in his name only some money how widower can collect it?

1 Answer | Asked in Probate for California on
Answered on May 20, 2016

Banks have procedures for this -- namely when the owner of an account has died. The process is very routine, but the bad news is that there are many different possibilities. For example, did your uncle have a will? Did your uncle specify a death beneficiary for the account? Did your uncle have less than $150K in assets?

Andy
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Q: Can I sue the co-executor of my father's unprobated Estate for filing a personal RPAPL 901 against me and estate asset?

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on May 20, 2016

are you trying to stop the partition at this point?

did you have notice of the partition?
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Q: How can I get a copy of my mother's will?

1 Answer | Asked in Estate Planning and Probate for Virginia on
Answered on May 20, 2016

Answer depends on more facts than are given in this case; such as the status of the estate, who the executor is, and the terms of the will. Seek out a local attorney to help you with this case.
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Q: Title for a property my mom owned before she passed is being put into my dads name via a Spousal Petition this Friday.

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on May 19, 2016

I am concerned that the lawyer's plan will result in your mother's brother receiving a portion of the property which would otherwise transfer to you and your sister. I would ask the lawyer to continue the hearing for a couple of weeks while you obtain an attorney to review all the pleadings (the Petition, Proposed Order, ect.) before you disclaim your interest. If he refuses (especially if you signed the disclaimers already) I'd recommend that you appear at the hearing and ask the judge to...
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Q: My husband& brother in law parents died with trust and no overflow will for extra property. Who can start probate

2 Answers | Asked in Probate for California on
Answered on May 16, 2016

Yes, anyone can start the probate action. There is a priority to who would have first opportunity to be the administrator of the estate: the surviving spouse, and then the children, grandchildren, great grandchildren... Each child has an equal priority of being named as administrator of the estate.
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Q: My parents are deceased and have land in Oklahoma. Myself my sister and brother need to change the property in our name

1 Answer | Asked in Probate and Real Estate Law for California on
Answered on May 13, 2016

A probate action will have to be initiated in the county in which your parents lived at the time of their passing. If that is in California, then you will start the probate action in California and then open an ancillary probate action in Oklahoma. Contact an attorney to assist you with this matter.
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Q: My mom died and left me her half of the estate but it goes to Dad until he passes, Why would he -

1 Answer | Asked in Estate Planning and Probate for Florida on
Answered on May 13, 2016

You would be very foolish not to at least talk to a lawyer in South Carolina.
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Q: TX probate w/will, only asset is house, left to my sister and I. Do unsecured creditors have claim on house?

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

The credit card companies would have to file a claim during the probate process or file a lawsuit and obtain a judgment; therefore, they won't have a regular claim. I'm sorry about your mom. You will need to offer the will for probate in order to transfer the deed on the house unless she had already transferred the deed.
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Q: Can I refuse to be part of probate for my brother? I don't want to have anything to do with the process.

1 Answer | Asked in Probate for Texas on
Answered on May 13, 2016

I suggest picking up the certified letter. They are required to give heirs notice of any action in which they might be beneficiaries, etc. There are ways for you to opt out of any part of the estate you might otherwise be entitled to. His opening a probate action does not constitute any type of illegal action. The funds, if truly part of the estate, will need to be validated, etc. before distribution to any rightful heirs.
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Q: Under Nevada Law, is there a statute of limitation (time limitation) for money left to a person at the time of death?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on May 13, 2016

I'm sorry, but your question has appeared under the California law section. Would you please repost your question under Nevada?
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Q: My father died in California with out a will, can his conservator stop me from inheriting his personal property or money

1 Answer | Asked in Family Law and Probate for California on
Answered on May 13, 2016

The conservatorship ends upon your father's passing. In order to be appointed as the personal representative of your father's estate, a probate action is required. Take charge of your father's estate by filing a probate action.
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Q: In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?

1 Answer | Asked in Probate for Oklahoma on
Answered on May 12, 2016

For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute also sets forth publication requirements.

The Personal Representative must consult all sources at hand to determine the known creditors of the deceased. In the event a creditor does not receive...
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Q: I need a pro bono lawyer to help me contest a willIt's not enough money for a contingency lawyer

1 Answer | Asked in Estate Planning and Probate for California on
Answered on May 11, 2016

You can try doing it in pro per or you can try going to a legal aid society that may help you to draft the paperwork needed to contest the will.
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Q: Under Nevada law, is there a statute of limitations (time limit) to claim money left to a person after their passing?

1 Answer | Asked in Estate Planning and Probate for California on
Answered on May 11, 2016

I'm sorry, but your question got posted under California law. Would you please repost under Nevada law?
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