Probate Questions & Answers by State

Probate Questions & Answers

Q: Hi, If an personwith no will dies & leaves credit card bills, are the heirs liable for them?

1 Answer | Asked in Probate for Arizona on Jan 25, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
No, unless those debts were incurred during a marriage then the spouse may be liable. However, if there are assets in the estate, heirs who receive those assets can be liable to the extent of the value of the assets. Decedent's assets are to be used to pay debts before distributions to heirs.

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Q: I am executer of my father a estate three years ago . And I don't remember if I closed it or not. . How do I find out?

1 Answer | Asked in Probate for Arizona on Mar 4, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
Review the court's probate file. It will have the Closing Statement and such if you filed it. If not, it should be closed if all assets have been distributed and debts paid,

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Q: My late husband had debts that far exceeded his assets. The house was deeded as right of survivorship.

1 Answer | Asked in Probate for Arizona on Mar 9, 2015

Answered on Mar 29, 2015

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Stephen J Gonzalez's answer
The real property is controlled by the deed and is not part of the probate estate due to the survivorship right in the deed. Youir late husbands part of household goods, appliances, and wedding gifts and other personal property are the probate estate; the other half is already yours.

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Q: Are you required to sell the house to satisfy creditors showing outstanding debt/judgments on credit report of decedent?

1 Answer | Asked in Probate for Arizona on Mar 10, 2015

Answered on Mar 28, 2015

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Stephen J Gonzalez's answer
You are not required to sell the assets but the debts should be paid to the extent of the value received by inheritance. Estate assets should not be accepted without paying the decedent's debts.

Also, the is a federal law called the "Garn Act" that prohibits a lender from demanding the full balance by reason of the death. In other words, you should still be able to make the mortgage payments in monthly installments.You do not have to assume the loan but can take title to the property...

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Q: My mom passed and left me her home. How do I go about having her property deeds changed over to my name?

1 Answer | Asked in Probate for Georgia on Mar 26, 2015

Answered on Mar 26, 2015

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Julie A. Rice's answer
It depends upon how the titles are deeded in the properties. For example, if the properties are deed to your mother and yourself with a joint right of survivorship, then there is no need to probate the estate and the deeds should automatically be rendered to you. If, however, the deeds are as tenants with the rights of tenants in common, then you will need to file each property in the probate court and have the properties and the personal belongs of each probated in the probate court.

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Q: I'm the executor and POA of moms will. It has been probated. Can I now sign papers to sell property.

1 Answer | Asked in Probate for Georgia on Mar 23, 2015

Answered on Mar 23, 2015

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Julie A. Rice's answer
Yes, you should notify your brothers to make sure that there isn't any objection and address those issues in the event that they have some objection to the sale.

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Q: how many times can you file and extension for inventory

1 Answer | Asked in Probate for Florida on Mar 19, 2015

Answered on Mar 22, 2015

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Robert Jason De Groot's answer
Ask your probate attorney. If you do not have one, you need to get one immediately.

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Q: I am seeking a attorney to handle probate case in Florida. Can a GA Attorney handle Florida cases?

1 Answer | Asked in Probate for Georgia on Mar 12, 2015

Answered on Mar 19, 2015

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Julie A. Rice's answer
No, not unless the GA attorney is also licensed in FL and the license is active and in good standing.

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Q: Texas. My sister and I are both listed as beneficiaries on the will. However, on my mother's Merill Lynch account, onl

1 Answer | Asked in Probate for Texas on Mar 10, 2015

Answered on Mar 17, 2015

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Nancy Hui's answer
Yes, the funds in the merrill lynch account will go to your sister solely. It does not matter that the will says. This is because accounts like that are considered non probate assets, meaning that they are not governed by the will.

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Q: my grandmother passed away in the early 90"s.There is no will. what happens to her property?

1 Answer | Asked in Probate for Texas on Mar 10, 2015

Answered on Mar 17, 2015

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Nancy Hui's answer
If there is no will, then her assets will pass down to her heirs according to the intestacy laws in Texas. That means the law will determine who are the heirs to her properties. Based on what you described, the nieces and nephews, together with your mother, will have a share to the house. They may not be equal shares depending on how many people we are talking about and what their relationships are. It is too complicated to explain over an Internet forum like this. You should contact a probate...

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Q: Father has property and no will and I'm the only child can my uncle claim it

1 Answer | Asked in Probate for California on Mar 16, 2015

Answered on Mar 17, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If your father is the sole owner of the property, and your father has no estate plan dealing with the property, then your father's estate will need to go through probate. The Probate Court will distribute your father's net estate to his heirs according to the intestate succession laws (Sections 6400-6414 of the California Probate Code). To oversimplify the answer, the order of...

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Q: My father inlaw passed away and had a home in florida. He left the home to his 4 children and 2nd wife who is not

1 Answer | Asked in Probate for Florida on Mar 14, 2015

Answered on Mar 16, 2015

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Robert Jason De Groot's answer
You need to talk with a Florida probate attorney at least. This site will not get all of the advice that you need, especially if you do not know the right questions to ask.

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Q: Father passed away. Mother still living. How do I inherit my portion of the money?

1 Answer | Asked in Probate for Florida on Mar 6, 2015

Answered on Mar 14, 2015

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Robert Jason De Groot's answer
It depends upon the facts, and I need to know a lot more of them, as any probate attorney would, to answer your question.

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Q: mother passed how do i transfer property out of her name

1 Answer | Asked in Probate for Florida on Mar 10, 2015

Answered on Mar 12, 2015

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Robert Jason De Groot's answer
By court order. You need an attorney to file the right type of probate for you and get an order entered. It depends upon the facts.

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Q: Grandmother died, had 3 sons, one of them is not interested in going thru the process, can the judge oblígate her?

1 Answer | Asked in Probate for Florida on Mar 10, 2015

Answered on Mar 12, 2015

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Robert Jason De Groot's answer
One of the sons is not interested, and you ask if the judge can obligate her. It is confusing. Obligate who to what?

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Q: WHAT YEAR DID PROBATE CODE GO IN TO EFFECT.21350.5

1 Answer | Asked in Probate for California on Mar 10, 2015

Answered on Mar 12, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Apparently, this statute was enacted in 1995.

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Q: Dad died had will what do I do to make will legal

1 Answer | Asked in Probate for Florida on Mar 5, 2015

Answered on Mar 6, 2015

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Robert Jason De Groot's answer
Take the will to a probate attorney in your area and have a good idea of what the assets are.

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