Probate Questions & Answers by State

Probate Questions & Answers

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

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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...

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Q: Do I need a lawyer to go through probate if the only assets not assigned to a beneficiary are mineral rights?

1 Answer | Asked in Probate for Oklahoma on Jun 13, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
Hi, thank you for your question. If the mineral rights in question were owned in your dad's name alone and were not assigned to his trust while he was alive, you will probably need to probate his estate in order for you and your brother to take legal title to the mineral rights. Because your dad had a pour-over will, the probate court would issue an order transferring the mineral rights to the trust. Then as trustee you would sign a deed conveying the mineral rights according to the terms of...

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Q: My father died in 1984 in TX and will probated. I now have mineral rights in OK. Do I have to have his will probated

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

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
Did you inherit the Oklahoma mineral rights from your father? If so, it's likely that a probate of his will in Oklahoma is necessary to ensure that legal title to the minerals is transferred to your name. Oklahoma has special probate procedures for people who passed away while residing in another state.

Here is a link to my website for more information: http://www.tylerrbarrettlaw.com/practice-areas/probate/small-estates-oklahoma-summary-administration/

And you can call me at...

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Q: My mother passed away five years ago leaving her house to her four children. My brother passed this year leaving his

1 Answer | Asked in Probate for Florida on Jun 28, 2015

Answered on Jun 29, 2015

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Robert Jason De Groot's answer
You need to get an attorney concerning this. Yes, the brother's children can force a sale of the home.

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Q: My mother in law was left a car in a will. She wants to give the car to us.

1 Answer | Asked in Probate for Georgia on Jun 24, 2015

Answered on Jun 26, 2015

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Julie A. Rice's answer
If there are bills to be paid, then it is up to the executor of the will to file to probate the will and get the debts of the estate paid before distributing property to any beneficiaries of the will.

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Q: Stepmom took my deceased father settlement check which came after his death and deposited it after filing spousal allowa

1 Answer | Asked in Probate for Florida on Jun 17, 2015

Answered on Jun 19, 2015

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Robert Jason De Groot's answer
You need to actually go see a probate attorney about this and have a full discussion.

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Q: Is my husband any inheritance from his fathers estate if he had a spouse that wasnt his mother and he didnt leave a will

1 Answer | Asked in Probate for Florida on Jun 16, 2015

Answered on Jun 17, 2015

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Robert Jason De Groot's answer
There is no way around going to speak to a probate attorney on the facts you have given.

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Q: What is a reasonable fee for transferring land to heirs after parents death 5 years ago?

1 Answer | Asked in Probate for Florida on Jun 13, 2015

Answered on Jun 14, 2015

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Robert Jason De Groot's answer
What you need to do is get to a probate attorney and find out. It depends upon the facts, and all I know is that they had property in Fl and the other things you have written. That is not enough. How much is the property worth? Is a full blown formal probate necessary, or can it be done with a summary administration? Who are the heirs? There are many questions that I need to have answered before I can advise you fully. The court costs alone are probably going to be around 400 bucks.

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Q: What are the effects of withholding will from Florida Probate?

1 Answer | Asked in Probate for Florida on Jun 7, 2015

Answered on Jun 9, 2015

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Robert Jason De Groot's answer
Contempt of court, perhaps. Sanctions and attorneys fees can be awarded against you, I suppose.

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Q: My sister has change the locks on the door of my moms home . my mom passed a month ago and she take her car. Can she do

1 Answer | Asked in Probate for Alabama on Jun 6, 2015

Answered on Jun 8, 2015

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Mr. James Parrish Coleman's answer
You must go to court and deal with this. Open an estate for your mother through the Probate Court. It is likely that you and your sisters are tenants in common in the house and that she has no right to keep you out of the house. You should not try to do this by yourself -- hire a lawyer.

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Q: Do I have to open probate in Florida?

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

Answered on May 22, 2015

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Robert Jason De Groot's answer
More facts are needed in order to advise you. Where did all of these people die? Generally an estate must be filed where the decedent resided.

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Q: If my dad who lived in alabama dies and does not have a will does everything go to my stepmom or am I entitled to anyth

1 Answer | Asked in Probate for Alabama on Mar 29, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
good news, everything does not go to your step-mother. She is entitled to half plus half the balance of the estate, plus some living exemptions. The first $15,500 case.

Please call if I can help Ingram Law LLC 205-335-2640

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Q: no will,both married,step father died one month before my mom did.papers say,step father sold house to my mother,

1 Answer | Asked in Probate for Florida on May 13, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
I do not have enough facts to answer this question. Go see a probate attorney for a full discussion of the issues.

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Q: if a person dies with out an estate ,money ,property or valuables do you still need to go threw probate

1 Answer | Asked in Probate for Florida on May 8, 2015

Answered on May 10, 2015

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Robert Jason De Groot's answer
If there was nothing in the individual's name like personal property, a bank account or a vehicle, or real estate there may not need to be a probate. Go see a probate attorney about this.

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Q: If someone's will was never found, but had a substantial amount of estate, does it NEED to go through probate?

1 Answer | Asked in Probate for New York on Feb 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
If there are probate-able assets, then yes it has to go through Surrogates Court- either probate or by administration (without a will). Usually you'll find you won't be able to even access the money/assets without Letters by the Court. Good luck.

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Q: I just found out that my sister was born before my parents got married. Before my dad died he did not want her to inher

1 Answer | Asked in Probate for New York on Feb 20, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
I hate to give advice on questions like this because this is obviously more involved than one sentence. Call a probate attorney and schedule an appointment because I know you're going to have 10 follow up questions. Many give free consultations. Good luck!

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Q: How do I force payment of judgement on dead mans estate if his kids won't start probate . NY Law . Personal judgment .

1 Answer | Asked in Probate for New York on Mar 11, 2015

Answered on May 8, 2015

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Anthony Nigro's answer
You bring a creditor's petition. Hire a probate attorney for it, it will get involved. Good luck.

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