Lawyers, Answer Questions  & Get Points Log In
Probate Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Mississippi on
Q: Do I need to probate my mom's will? I am her only heir, all of her bills are paid & she had no assets in her name.

She had 2 life insurance policies naming me as the only beneficiary. She also had joint checking account with me. I have received 3 checks since her death made out to her estate (the checks were for reimbursement of some insurance premiums). Bank says I need to open an estate account & deposit... Read more »

Randall R. Saxton
Randall R. Saxton
answered on Nov 29, 2022

No, you can complete a small estate affidavit and present that to the bank.

2 Answers | Asked in Probate for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

View More Answers

1 Answer | Asked in Probate for Wyoming on
Q: Is a warranty deed with co-tenant s provide ownership to a co-tenant person if there is no will after death

There is 4 co-tenants 2 have passed 1signed back with a quit claim dead to last co tenant there is no will this was all done with a warranty deed does the other siblings have a right to probate this

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 25, 2022

It sounds like you need an attorney to search the title, determine heirship, then draft/execute and record the proper instruments.

1 Answer | Asked in Probate on
Q: My mom said I could stay as long as I wanted in her home. my brother want me to pay rent for the dealers I've been ther

My brother is constantly threatening me and my sister is too they have tried to find somebody to hurt me can I do anything about it

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 25, 2022

You have not stated sufficient facts. But if Mother is passed, and owned real property, then you and your Siblings are Heirs At Law as Tenants In Common of Undivided Interests. You might hire an attorney to prosecute a Partition Action.

1 Answer | Asked in Probate for Florida on
Q: My bf passed in May and his sister has taken over as executor. She has his bank account and vehicle through probate

His car is still in my driveway. I am in Florida. Can I legally have it towed ? Also my HOA says it needs to go bc there’s no insurance and expired out of state tags. She’s causing a ruckus and I just want the car gone.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2022

Yes, you can have it towed, but I suggest that you first give her a few days written notice.

1 Answer | Asked in Elder Law and Probate for Ohio on
Q: Ward has full guardianship in MI, small Tribal stipend once a year, Need guardian of person and estate or both in OH?

Incapacitated Ward under Full guardianship (person/estate) in Michigan has been moved to Ohio nursing home long term care on full Medicaid/Medicare. I made the facility rep payee for SS check. Ward has one monthly bill, and basic needs/care (clothing, personal items) managed by guardianship now.... Read more »

Aaron Epling
Aaron Epling
answered on Nov 23, 2022

You may be required to 'transfer' the guardianship to the Ohio court. The Michigan court no longer has jurisdiction and may not be able to terminate the case unless it is being transferred. You bring up a couple other complicated issues. I recommend seeking counsel in the county in which... Read more »

1 Answer | Asked in Probate for California on
Q: Have a court date tomorrow on probate with wondering if I could file a continuance and talk to a lawyer
Howard E. Kane
PREMIUM
Howard E. Kane
answered on Nov 22, 2022

Yes, you can certainly request a continuance at the time of the hearing or beforehand. Oftentimes you can call the court clerk beforehand and request a continuance. Worst-case scenario, you can request the continuance at the hearing. I also recommend checking the probate examiner's notes on... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: In probate does income rent of houses have to be put in estate bank account even if rent comes from house you are to

inherit?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

The Court may order it until Probate is closed. But Heirs take at death, not after the Probate is closed. You may move the Court to stop the renting and take possession. But the renter has to have a Detainer filed against him by someone with authority or ownership, unless he leaves... Read more »

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

You should have your lawyer explain this. If you do not have counsel, you should retain one for representation. Good luck.

View More Answers

2 Answers | Asked in Personal Injury and Probate for South Carolina on
Q: My Mom Killed My Daughter In Car Accident I Had probate court In oct.its been a year what's taking so long too proceed?!

How much do you think Insurance companies will settle out ??There were two other vehicles involved!

Roy Willey
Roy Willey
answered on Nov 22, 2022

I am very sorry to hear about your daughter.

As to our question: It’s unclear to me whether you went to probate court and the estate was set up (you were appointed as personal representative or not?). Assuming you were and there is insurance available it often does not take very long...
Read more »

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 21, 2022

Yes!

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

View More Answers

1 Answer | Asked in Probate for Kentucky on
Q: What do I need to expect when I go to attorneys office to receive my inheritance check?

What paperwork will they want me to sign? And can they refuse me my money if I choose not to sign anything other than a receipt for my money? If they refuse what steps do I need to take next?

Timothy Denison
Timothy Denison
answered on Nov 21, 2022

You shouldn’t have to sign anything other than a receipt that you have received the funds. If you don’t receive the funds, you will have to make a motion to hold the disbursing agent in contempt.

2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: My dad passed and his wife claims that he said that my brother, my kids and I get nothing. Without any documentation.

When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... Read more »

Anita O'Meara
Anita O'Meara
answered on Nov 21, 2022

I'm sorry to hear of your loss and the difficult position you are in regarding your father's estate. Your question did not mention your jurisdiction or if there was a Will. In most states a Will is given priority for how personal property (the flag, jewelry, furniture, photos, etc.) and... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Michigan on
Q: My nephew died Intestate. His wife filed for informal probate & lied many times on the application. What can be done?

They never shared a marital home he lived with my mother the entire time. She chose to live with her ex-husband and their two youngest children. Unfortunately, my nephew died in the hospital not because of the treatment the doctors were giving him, but because of his lifestyle the treatments... Read more »

Trent Harris
Trent Harris
answered on Nov 21, 2022

Certain people have the right to participate in probate court proceedings for a decedent estate. These people are called "interested persons" as defined by Michigan law. For example, a deceased person's spouse is an interested person. If the deceased person had any surviving... Read more »

1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... Read more »

2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

Richard Winblad
PREMIUM
Richard Winblad
answered on Nov 21, 2022

Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... Read more »

View More Answers

1 Answer | Asked in Estate Planning, International Law and Probate for Nevada on
Q: I live in nevada but my father died 5 days ago in Cairo egypt. How do I get my Inheritance and life insurance policy's

I am an only child and my father wasn't married. My father was Muslim- I am not. I am female. My father told me about the bank accounts and investments and insurance policies he was leaving me. How do I get them when I'm in Nevada?

Kirk Kaplan
Kirk Kaplan
answered on Nov 19, 2022

An attorney familiar with Egyptian law will very likely provide a much better answer than I will. But just in case one does not leave an answer, maybe my answer will be a good start. In the US, the laws governing how property passes to heirs/descendants, depends upon residence of the deceased at... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: Aunt died intestate in the state of Maryland.

No spouse, no children, no parents, no grandparents. One living sibling, and three deceased siblings. Does the living sibling receive everything, or do the children of the deceased siblings (nieces and nephews) receive a share?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 18, 2022

If there is no Will and no surviving spouse, parents or children / grandchildren, the nieces and nephews of the Deceased (children of the deceased sibling) receive under "representation". For example, if there were 4 siblings who either survived or who died with their own issue, then the... Read more »

View More Answers

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Mother passed away in Florida - the only asset to be managed is a single check for $7969.64 made out to her estate.

The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary... Read more »

Jose Ignacio Leon
Jose Ignacio Leon PRO label
answered on Nov 18, 2022

Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.

Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.

Additionally, in most trusts there is...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.