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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for California on
Q: What if a non-probate asset is listed in a Will?

If you were appointed by the court to handle the estate or, if you were to file a petition to determine success to real property, and discover that an asset listed in the Will turned out to be a non-probate asset, wouldn't you leave that out of the Inventory and Appraisal forms since they only... Read more »

James Edward Berge
James Edward Berge answered on Mar 6, 2021

Yes, if you were appointed to be the executor of an estate, you would omit any assets from the estate inventory that pass by some other means, such as by right of survivorship or by beneficiary designation or by spousal property petition. You’re not eligible to file a petition to determine... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for New York on
Q: As trustee and executor and poa, Can I sell a piece of property in the family trust if it willed to a family member?

My mother who is sick and has Alzheimer’s has a condo in Florida that isn’t being used. We live in NY. It is in the family trust. It is willed to my estranged sister after mom passes. The maintenance fees are 400 a month plus taxes, and I would rather use that money towards her care or save... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Mar 5, 2021

As Trustee, you have the power to administer the trust and the assets contained in it. The Trust agreement will dictate what you can and cannot do. The Trust agreement would need to be reviewed before a proper opinion could be provided.

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1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: How can I get legal transfer of diseased mother's home.

My mother passed away in 2008 without a will. I had 1 brother and 1 sister at that time. We peacefully divided all of her belongings. Her home had a loan on it and neither of my siblings wanted to assume the loan or fix the home and sell it. They both provided a letter stating they had no interest... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

You will need to hire a competent attorney to determine heirship, as the Mother's heirs probably own the property. Then record an Affidavit of Heirship. Finally ask the other heirs to quit claim deed their interests to you with the Affidavit listed in the derivation clauses as their source... Read more »

1 Answer | Asked in Juvenile Law and Probate for Georgia on
Q: 17 year old laws on partial parental consent to leave home

I'm 17 (living in georgia) and I have my father's consent to move out on my own, but not my mother's consent, am I still able to leave? Does it need to be unanimous, or is it ok if you only have ones permission. I've been reading up on GA law and under Georgia Code - 15-11-2 ,... Read more »

Michael David Birchmore
Michael David Birchmore answered on Mar 5, 2021

OCGA Section 15-11-2(10) states:

(10) "Child" means any individual who is:

(A) Under the age of 18 years;

(B) Under the age of 17 years when alleged to have committed a delinquent act;

(C) Between 18 and 21 years of age and receiving extended care youth...
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1 Answer | Asked in Probate for Kansas on
Q: My mother died I paid all debts and will wasn't probate. No in probate but attorney trying to get settled without judge

lawyers trying to settle and sibling declare descendants wasn't in a will and trying to force sheriff sale

Doug Coe
Doug Coe answered on Mar 5, 2021

In Kansas, there are ways in which real estate can transfer outside of probate and without respect to what a Will says. Seems like there are a number of issues here. I would recommend hiring an attorney -- even if just for an hour or so -- to help figure out what exactly is going on. Disclaimer:... Read more »

3 Answers | Asked in Probate for Ohio on
Q: In Feb 2021, I received a letter from a financial firm looking for relatives of an uncle who passed in 2015. What now?

My uncle passed in early 2015, divorced for decades with no children and no will. The only direct relatives left are a few cousins, of which I am one. The estate went to probate during that same year with all his assets liquidated to pay outstanding debts. The city took ownership of the house... Read more »

Aaron Epling
Aaron Epling answered on Mar 5, 2021

If its already been to probate, then it probably doesn't need to go again. This could be unclaimed funds. But, a court may still be needed to order who the funds are distributed to. This can get complicated. I suggest getting an attorney. If the statements are legit, you can certainly... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada on
Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Mar 4, 2021

Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: In NJ how does mom/executor access streamlined or no probate for deceased dad's non-joint bank acct. with $9,000 in it?

Trying to help mom through these last few steps. The bank has made her husband's bank non-joint account an Estate of [his name] account. We have read that, if the decedent did not have valuable property over $20,000, surviving family members can take advantage of New Jersey’s simplified... Read more »

Barbara Ungar Esq.
Barbara Ungar Esq. answered on Mar 4, 2021

Your mom would need to file the correct forms with the probate court in the county where she resides. If her husband had a will and the will named her the executor of the will, she would need to fill out the probate forms with the original will and submit it to the probate court where she resides.... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother in law purchased a car for my husband and I. We make the payments. She wants to make sure that God forbid

anything happens to her that we get to keep the car, what do we need to file or do?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2021

Add you and your husband to the title. Title determines ownership. HOWEVER, You MUST READ THE FINANCE AGREEMENT (assuming that your mom financed the purchase) to make certain that adding you does not violate the agreement. Also, make certain that you and your husband are properly insured with the... Read more »

2 Answers | Asked in Estate Planning, Banking and Probate for Ohio on
Q: my mother passed away with no will or anything. I am her only child, she did not remarry.

She passed away suddenly and I have the paperwork printed out, but need to know the easiest route to close her bank account, and switch the title to her truck into my name.

Beverly A Stull
Beverly A Stull answered on Mar 3, 2021

I am sorry for your loss. If your mother's name was the only one on the bank account and the truck, you will need to open a probate estate. There are 3 different sizes of estates, based on the value of the probate assets. You should check the website of the probate court of the county where... Read more »

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2 Answers | Asked in Estate Planning, Elder Law, Identity Theft and Probate for California on
Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 3, 2021

Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

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1 Answer | Asked in Probate for Texas on
Q: My husband died in Oklahoma with no will. Who is entitled to his property (home, motorcycle, land, etc.)?
Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

If all his children were yours, likely you are. Hire a local probate attorney to help you get appointed to settle the estate.

1 Answer | Asked in Probate on
Q: If my mom had a will that states everything goes to me an my name is co owner of her house (on the deed, truck, and bank

account, why must i go through probate court. I have a brother( not contesting the will) . I'm on disability and can't afford 4,000.00 fee's. Can some one please help me resolve this issue.

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2021

If the Will is not filed for Probate, then your Mother dies intestate. The Heirs take her real property and the Next Of Kin own her personal property. You may wish to hire a competent attorney to examine who owns what when there is no Probate, and it does not sound like there are that many... Read more »

1 Answer | Asked in Probate for Alabama on
Q: I live in Alabama. Why was my sisters estate proceedings stopped in probate when a claim was filed on her estate?
Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2021

Doubt the Probate has been "stopped" for any reason. Filing a Claim Against the Estate is a normal proceeding in Probate. It may be objected to or paid. If the Estate is insolvent, then the proceedings will be different, but still continue. You may wish to examine the Probate File and... Read more »

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: What are my rights as to what is legally mine when my husband passes away?

We've been married almost a year. He had a will before we married.

Brent T. Geers
Brent T. Geers answered on Mar 3, 2021

As the legal spouse, you may claim what's called your spousal elective share, or take what's provided to you in the will (which appears to be nothing since it predates your marriage). You may also be entitled to homestead and family allowance; and of course anything jointly owned would go to you.

1 Answer | Asked in Estate Planning, Foreclosure and Probate for Texas on
Q: How to get my name on the deed to my dads house after his passing

My father and I had lived in this home since I was 6 years old. He got married in 2014 and he was renting to own the home. when the payments were completed they put the house in my step moms name and now my father has passed away. I called the tax office and they are not listing me or my brothers... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Mar 3, 2021

Hire a local probate attorney to file an application for succession.

1 Answer | Asked in Estate Planning and Probate for Minnesota on
Q: My mom passed away and I need leagal advice on where to start to get things sorted out.
William Bailey
William Bailey answered on Mar 3, 2021

You should contact a probate attorney directly.

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: I don't want my sister in law as my family since my brother just died. Is this legal in Michigan? If so, how do I do it?
Michael Zamzow
Michael Zamzow answered on Mar 3, 2021

The short answer: you'll want to speak with an estate planning attorney.

If you want to disclaim whatever rights you might have to your brother's estate, you'll need to take some affirmative steps. If you want to exclude your sister in law from your estate you might need to...
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2 Answers | Asked in Estate Planning and Probate for California on
Q: I want to prepare a peition to determine succession to real property, but I am worried about the fees

My dad's estate consists primarily of his 1/3 of our family house (mom lives with us; all our names are on the deed as TIC (line to vest title was left blank) and two cars in his name. I want to use the petition to transfer the titles into my name since I'm listed as the sole beneficiary,... Read more »

David Ostrove
David Ostrove answered on Mar 2, 2021

It may not be a difficult or expensive situation. You need to talk to a tax lawyer. YOU Can probably transfer title to the cars without any lawyer or court involvement. The 1/3 interest in the house; depends how title is held. Have a short discussion with a tax lawyer. It may not be as bad as you... Read more »

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3 Answers | Asked in Estate Planning and Probate for California on
Q: I'm in Calif. and I'm doing a Revocable Living Trust. My grown kids are Trustees. Do they have to sign this doc?

I'm confused about how many people need to be in front of my Notary Public. My wife and I as "Grantors" - OK .

My grown kids ??? Both of them are named in the document as Successor Trustees or just trustees. Please specify if all of need to be present in front of the Notary during the signing.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 2, 2021

Grantors and Trustees.

Nobody else gets a say in the matter.

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