Probate Questions & Answers

Q: Why do you have to notify grandchildren when filing a petition for administrator of my deceased parents house.

2 Answers | Asked in Probate for California on
Answered on Jun 22, 2018
Gerald Barry Dorfman's answer
The probate code requires that notice be given to potential heirs. Just because someone is within the group of individuals entitled to receive notice, does not mean they are entitled to actually inherit anything. The courts require notice to anyone who might be affected by the court proceeding. That is in order for them to be able to participate if necessary, and because they may lose their rights once the court proceeding is done. You should seriously consider hiring a probate attorney to...
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Q: What happens if there is no administration or relief filed in probate court?

1 Answer | Asked in Probate for Oklahoma on
Answered on Jun 22, 2018
Richard Winblad's answer
Your question was a little vague.

If there is property that needs to re-titled then it sits in limbo. If it is land subject to taxes it can be lost to a tax sale. It may hamper obtaining bank accounts or other assets. Royalty payors would probably put payments on hold (suspense). Etc.
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Q: My mother died in 2008 w/o a will. I petitioned the court to be administrator of her property. One of my siblings had

1 Answer | Asked in Probate for Oklahoma on
Answered on Jun 22, 2018
Ben F Meek III's answer
You are not liable for you mother's debts unless you co-borrowed with her or guaranteed the debt. If there is a valid lien against the property, your mother's heirs would either have to pay the debt secured by the property (in order to keep the property), or sell the property to pay the mortgage/lien debt. In other words, the creditor may be able to obtain payment of their debt from your mother's property (thus you and the other heirs would receive less from the estate), but you would not owe...
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Q: I live in LA and the will is in TX, I was told I have to have someone who lives in TX represent me for probate ?

1 Answer | Asked in Probate for Texas on
Answered on Jun 22, 2018
Terry Lynn Garrett's answer
Hire a Texas probate attorney who practices in the county where the person died or owned real property. You will have to come for a 15 minute hearing and appoint a resident agent. Some probate attorneys routinely act as resident agent for out-of-state executors.
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Q: A brother and his sister owns a piece of land together on which the home that he and his wife has lived for almost 40

2 Answers | Asked in Estate Planning and Probate for Georgia on
Answered on Jun 22, 2018
John W. Chambers Jr's answer
If the brother and sister owned the property as joint tenants with survivorship, on the death of the brother, the sister would own the property under Georgia law. On the other hand, if the property were owned by the brother and sister as tenants-in-common, the brother's undivided interest in the property would be part of his probate estate. The administrator of an estate must satisfy certain obligations before distributing the estate to heirs. The widow would be an heir, as would be any of...
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Q: What does imported probate mean?

1 Answer | Asked in Probate for Oklahoma on
Answered on Jun 22, 2018
Ben F Meek III's answer
I would guess it means either a foreign probate as in a Will probated in a foreign country or from another state. It could also mean an ancillary probate filed here in Oklahoma referring to a probate proceeding in another state. Otherwise "imported probate" is not a term I'm familiar with.
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Q: Isn’t the admin of an estate supposed to be paid when the lawyers & other bills got paid out?

1 Answer | Asked in Estate Planning and Probate for New York on
Answered on Jun 22, 2018
Michael David Siegel's answer
It depends on the posture of the case. If there are no objections to the accounting, then payment should be made.
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Q: Do I need an attorney to file for my decease mother property I am the 6th child who paid the property in full

1 Answer | Asked in Probate for Alabama on
Answered on Jun 22, 2018
Jack T. Carney's answer
I would recommend that you speak with an attorney to protect your interest in the property. The specific facts will be important in your case (and many of them happened so long ago). Someone will need to review them closely and only then will be able to advise you as to how to protect your interest.

Another option may be to contact a title company and ask for information on the current title to the home. A title company can run a search and provide a report as to who has “good...
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Q: I have a sister who died. She left a 30 year old son and a 17 year old son, who is in special education.

1 Answer | Asked in Family Law and Probate for Louisiana on
Answered on Jun 21, 2018
Ellen Cronin Badeaux's answer
Hire a custody attorney to file for cuatody for you.
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Q: Do I have to give him the car

1 Answer | Asked in Family Law and Probate for Oklahoma on
Answered on Jun 21, 2018
Reece B. Morrel Jr's answer
Since I have not seen any of the documents, let me give you some general principles.

The overall purpose of a probate is to 1.) identify and collect the assets; 2.) pay the taxes of the decedent; 3.) pay the taxes of the decedent; and finally 4.) distribute any remaining assets as best as possible according to the instructions provided in the will.

If an asset has already been distributed before a person's death, then it can't be collected for later distribution since it is not...
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Q: If no one is going to object to the will, why does it have to go into probate?

2 Answers | Asked in Probate for Oklahoma on
Answered on Jun 21, 2018
Richard Winblad's answer
A Will does not vest the executor or personal representative with any powers to do anything until a judge issues "Letters Testamentary". If there are bank accounts, real estate or vehicles title cannot be transferred just because there is a Will. Also creditors, unnamed heirs etc must also be given an opportunity to make claims against the estate.

There is one rare exception, if a will makes a specific gift of a certain vehicle to an individual, it may be possible to have the tag...
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Q: Is there a time frame to put a will in probate after death?

3 Answers | Asked in Probate for Oklahoma on
Answered on Jun 21, 2018
Richard Winblad's answer
Oklahoma does not have a deadline, a will can be probated at any time.

However the law states, " Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby."

Any person with an...
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Q: A sibling didn't keep paying one of my mother's accounts. I don't think that it's fair for me.

1 Answer | Asked in Probate for California on
Answered on Jun 20, 2018
Bruce Adrian Last's answer
Granada Hills:

Based on the information provided, an answer if difficult to craft. I suggest you re-post and answer these questions:

1. Were you a joint account holder?

2. Was there a probate of your Mother's estate (where you went to court) or was their a trust involved?

3. Has more than one year passed since your mother's death.
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Q: I filed for executor & now this other sibling is objecting making up false alligations because she wants to be executor

1 Answer | Asked in Probate for California on
Answered on Jun 20, 2018
Bruce Adrian Last's answer
Dear Long Beach:

First off, you state that you filed to become an executor. An executor is a person nominated in a will, and that person gets priority absent proof they are unfit, like having a conviction for embezzlement. Since there is a contest, I am assuming that there is no will and you are petitioning to become administrator.

A court will not look at who filed first in picking an administrator, the issue turns on who is best suited for the position. Depending on the...
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Q: When you have a probate Attorney, can they get access to your deceased parents bank account.

2 Answers | Asked in Probate for California on
Answered on Jun 20, 2018
Gerald Barry Dorfman's answer
The probate attorney helps the executor/administrator get access to the property of the decedents, including bank accounts.
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Q: My elderly parents bought me this home seven years ago when I escaped an abusive husband.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Answered on Jun 19, 2018
Terry Lynn Garrett's answer
All too often caregiving children err by relying on a "tacit agreement," as if having a written family caregiving agreement would not protect everyone. Without one, you are left submitting a claim to the estate as an unsecured creditor -- one that may only be accepted if you have documented your duties and hours and skills and shown that you did not simply do what someone would expect of a loving child.
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Q: Does a letter to beneficiaries need to be sent after probate if it is intestate?

1 Answer | Asked in Probate for Texas on
Answered on Jun 19, 2018
Terry Lynn Garrett's answer
In an intestacy the heirs (beneficiaries) are notified before the hearing. They are given the opportunity to sign Distributee's Agreements and Waivers of Notice [of hearing].
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Q: What paperwork do I need to file in order to prove the validity in a completely restated and amended trust?

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Jun 19, 2018
Bruce Adrian Last's answer
Ashburn, VA:

This was posted in estate planning for California. While California may be the proper jurisdiction to challenge the Trust (it depends on which State's law controls interpretation and validity of the Trust), it may not control the real property if it is located in the Commonwealth of Virginia. (Real property disputes are normally handled by the State in which the real property is located.) You may wish to re-post this in the VA forum as well.

Beyond the...
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Q: Can landlord keep next of kin off property after a death for next of kin to appraise property?

2 Answers | Asked in Landlord - Tenant and Probate for Virginia on
Answered on Jun 19, 2018
F. Paul Maloof's answer
If she refuses to allow you in the property to have an appraisal performed, you will need to get a court order that requires her to let you on the property.
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Q: Can I access safety deposit box I had with my deceased parents as cosignee if it's been added to a trust in California?

1 Answer | Asked in Probate for California on
Answered on Jun 19, 2018
John B. Palley's answer
It seems to me it all depends on what the bank records say. Does the bank list you as co-signor or does it list the trust? I would press the bank on what their records say. Good luck. -John
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