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Probate Questions & Answers

1 Answer | Asked in Probate for New York on

Q: Wife is sole inheritor, but not executor. Can executor gift a vehicle to 3d party before estate close if wife agrees?

My father died intestate in NY, small estate (>$50K), my mom (his wife) did not want to be administrator so I am doing it (his daughter). Father had 3 vehicles, one of which is a NY registered vehicle physically located in another state. Father was very clear on his desire to gift this vehicle to... Read more »

Michael David Siegel answered on Jun 18, 2019

You may transfer the car to anyone. I would get something in writing from your mom.

1 Answer | Asked in Estate Planning and Probate for North Carolina on

Q: I am the probate of my dad's estate he has an SSI check deposited from May 31rst 2019 and he passed on June 13th 2019 ca

Can I withdraw this money being his probate with letters of administration this payment was for June

Kenneth V Zichi answered on Jun 18, 2019

You can't simply withdraw a check from someone else's account.

FIRST you would need to be appointed as the personal representative by a court

THEN you will need to determine if there are debts -- including debts to Social Security for payments made but not 'earned'

THEN...
Read more »

2 Answers | Asked in Estate Planning and Probate for North Carolina on

Q: Can I take my dad's SSI payment out of the bank the deposit was on May 31rst 2019 and he passed away on June 13th 2019

I am his administration person through the clerk of courts because he had no will

Amanda Bowden Houser answered on Jun 18, 2019

If he was entitled to the payment at the time it was deposited and you have authority to make the withdraw then - yes.

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1 Answer | Asked in Banking, Contracts, Family Law and Probate for Arizona on

Q: I was told by bank on phone inquiry I made about a checking account balance then they tell me I had a savings also mine.

I didn't have time for asking for the finding out more about some sort of account that I was beneficiary or some kind of account from a will. I didn't get the information about account number or any info about this account, just told on phone call to the banks 1800number, then I went to the bank... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

The bizarre story has all the markings of a scam in the making. Why? Because reputable banks do not just call people on the phone to discuss their bank accounts--especially if the person called has no idea they had the "accounts."

1 Answer | Asked in Probate for Connecticut on

Q: must the executor of an estate, which has been through probate, have an attorney

The Estate has been through probate. What is left is distribution of title due to a contingency which has occurred.

Matthew A. Wiley answered on Jun 17, 2019

An attorney is not required in Connecticut to go through the probate process. Though it is generally a huge help. Probate in CT is a complicated process in which you may not even realize a mistake was made for many years after the estate was "closed". To avoid these types of issues I personally... Read more »

1 Answer | Asked in Estate Planning, Contracts and Probate for Colorado on

Q: how Much time does an executor have to settle the estate?

My grandparents died 5 years ago and had a house out of state that hasn’t sold. It is listed online as “off market” and we still have not received the inheritance from the executor. Do they have a time limit on when this needs to be paid out? It’s been 5 years and it still is not settled.

Bruce Alexander Minnick answered on Jun 17, 2019

There is no set time for an estate to be wound up and paid out; it depends on the size of the estate and other factors. The executor (or personal representative) of a last will has a fiduciary responsibility to protect the assets entrusted to them and to insure that everything is done legally so as... Read more »

1 Answer | Asked in Contracts, Estate Planning and Probate on

Q: Court gave a declaratory judgement on title rights on property sold to her son 5 years earlier ,paid with bank wire.

Issued Quit Claim Deed not filed. Did not list the conversion back to estate. Filing a Rule 60 to vacate declaratory judgement. I mistakenly thought hearing on expedited basis without counsel just to set discovery, pleadings etc. Instead car overheated ,telephonically held and in 9 minutes rush... Read more »

Bruce Alexander Minnick answered on Jun 17, 2019

The VERY FIRST THING you should do is hire a qualified lawyer and stop trying to represent yourself. There are ways to fix SNAFU's like this; however, you should expect to pay attorney fees to rescue you.

1 Answer | Asked in Probate for Michigan on

Q: How do I put a house through probate in Michigan?

Trent Harris answered on Jun 17, 2019

There's several options. You could do a petition and order for assignment, using SCAO form pc556. Or you could file an application for informal probate and appointment of a personal representative, using form pc558. Or you could file a petition for formal probate and appointment of a personal... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Probate for California on

Q: Wells Fargo Bank foreclosed and sold a property after the owner died. Can they do that without waiting for a probate ?

After the owner died the caretaker stayed living in the house. Caretaker changed all locks and changed phone number. After the house got sold by bank the caretaker received money to move out and she took decendants personal belongings, valuables and all furniture with no accountability. Caretaker... Read more »

Kenneth Sisco answered on Jun 15, 2019

Few things happen automatically, without someone putting things in motion. Most likely, Wells Fargo did everything required of them by the law and the Trust Deed under which the home was sold. It is up to an heir, a friend, or even a creditor to open a probate if they have some interest is doing... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Probate for Louisiana on

Q: What are my rights re: succession eviction and disability in the State of Louisiana?

84 yo mother died in December 2018 and did not leave a will - although it was very well known within the family what her intentions were. I had a massive brain bleed (stroke) 4years ago. She wanted me to remain in her house and be financially protected. Through succession of Mom’s estate, the... Read more »

Sye J Broussard answered on Jun 15, 2019

Generally, an heir cannot be evicted from a house they are in possession of since they are a co-owner. You need a lawyer to make sure your rights are protected from an unauthorized eviction.

1 Answer | Asked in Probate for California on

Q: How do you "quiet title" and why or what is this good for? -going thru probate in los angeles

James Edward Berge answered on Jun 14, 2019

To quiet title, you file a petition in the probate court to determine the true ownership of property and to remove title defects. The procedure is typically used when record title is incorrect and does not reflect the actual ownership of property. The statutory authority for the procedure can be... Read more »

1 Answer | Asked in Estate Planning and Probate for Kentucky on

Q: I have a question about becoming administrator of an estate

my biological mom passed recently and there was no will left. where I was adopted out of foster care I am wondering if the court won't grant me power of estate. Its just me amd my half-sister and she is a minor. nobody is contesting it. should I bring any documents like my original birth... Read more »

Timothy Denison answered on Jun 14, 2019

If her rights to you were terminated, you no longer have the right to inherit from her. If they were not terminated, then you can petition the Court to be appointed administratrix of her estate.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on

Q: My dad wants to sell my mom's house in Florida that my brother is currently living in. Is it possible to challenge this?

My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »

Seril L Grossfeld answered on Jun 14, 2019

Sorry to hear of your mother's passing.

Actually this is a real estate question not a family law question. You should consult with an attorney to ascertain that the title vested in your father upon your mother's death without a probate proceeding. It is possible your brother may be able...
Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New York on

Q: My brother wants to take my dad to court to challenge him on ownership of him and my mother's house - is this possible?

My mom and my dad sold the house they owned together in NY and bought a house together (theyre both on the mortgage) in Florida in ~2013. My dad has never lived in the house, he stayed in New York with his mom. My parents separated but stayed legally married. My brother moved to FL with my mom. My... Read more »

Lawrence Allen Weinreich answered on Jun 14, 2019

Under NY law, I don't see that you have any case against your father. You can try to bring an action to be appointed the guardian of his property if he is incapable of making decisions, but that is a long process and if your father is able to make rational decisions you will loose. You can try... Read more »

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1 Answer | Asked in Probate for Florida on

Q: Mother passed away in Pennsylvania. She was on medicaid medicare social security.

She owned only a bank account worth 5600.00 and a vehicle worth about 6,000.00. My son is executor and heir. We presently have vehicle in a storage unit but would like to transfer title to my son so we can relocate vehicle to Florida where we all live. I have no one close to check on it in Pa. We... Read more »

Seril L Grossfeld answered on Jun 14, 2019

Sorry for the loss of your mother.

You did not indicate whether your mother was a resident of Pennsylvania, where the car is registered or whether your son has been appointed personal representative or just named in a will.

In Florida the car is exempt homestead property and can be...
Read more »

1 Answer | Asked in Estate Planning and Probate for New York on

Q: How long does a probate attorney need to wait to contact the heirs, taking into account the diciest didn't leave a will?

Michael David Siegel answered on Jun 14, 2019

Your question is confusing. Probate means a will. Heirs receive stuff, so their will is generally not relevant. "Diciest" is unclear. Without understanding the facts, contacting heirs is the first thing an attorney does when hired, so the answer is no time.

2 Answers | Asked in Probate for Oregon on

Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed

Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.

Theressa Hollis answered on Jun 13, 2019

Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named.... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on

Q: Do i have to pay off my sibling's final judgement before I can sell the condo she transferred after her death?

My sister had cancer and prior to her death, she and I filed a Ladybird Deed in Florida for her condo that she owned. I am in the process of selling the condo but the title company found a final judgement against my sister from 2015. It is a small claims amount from a credit card company for less... Read more »

Seril L Grossfeld answered on Jun 13, 2019

That would depend on whether the judgment attached to the condo by a certified copy of the final judgment being recorded prior to the transfer. You should be having an attorney assisting you with the sale who would be doing a title search and issuing a commitment, or the buyer's attorney or title... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on

Q: Does a will override a life estate? Can a life estate ownership transfer to a spouse under Florida law?

My grandmother executed a will leaving her home to my mother and after my mother’s passing the home was to go to my brother and I. While my mother was under hospice care a day before she passed a living trust was executed for my stepfather which he verbally agreed to only live in the home 5... Read more »

Terrence H Thorgaard answered on Jun 13, 2019

It's not clear when the life estate was created (perhaps something to do with the living trust?), but in general a deed creating a life estate and remainder supersedes a will. The theory is that a will takes effect at death and, if the property no longer belongs to the testatrix (it having... Read more »

3 Answers | Asked in Estate Planning and Probate for Texas on

Q: Texas intestate

My step uncle passed away recently without a will. My step dad is the only living family left. The only thing my uncle had to his name is a car worth about $1500 and there is a utility deposit check coming for $118. How do we go about transferring the car title and be able to cash the check without... Read more »

Terry Lynn Garrett answered on Jun 12, 2019

Use a DMV Affidavit of Heirship for the car.

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