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Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: A 2011 will was never filed but signed with two witnesses can I automatically keep the house as homestead I am disable.

I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?

Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More

Theressa Hollis
Theressa Hollis
answered on Dec 4, 2023

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More

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1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: Unmarried parents. Only deceased father’s name on deed.His other children took his 2 other houses. Need my name on deed

How to get my name on this deed, my home since birth. My mother lives there too but with dimentia.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 4, 2023

If I understand the question properly, your father has passed, and only his name was on the deed to the house you're interested in. Your mother, who was not married to your father, is still alive but not competent, and you want to put the house into your name alone despite the fact you have... View More

1 Answer | Asked in Family Law and Probate for Florida on
Q: My Father,Unmarried, passed away in Puerto Rico November 2023. His legal will was made in Puerto Rico by an Attorney.

HE was born in Puerto Rico. His will states ALL his Property & Assets are to be Equally divided to his 2 Biological Daughters (two different wives) & StepDaughter. He owns 2 Homes & Parcel of Land & no mortgage in Ceiba, Puerto Rico & 1Condo Property in Pompano Beach, Fl with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 4, 2023

I am very sorry for your loss on the passing of your father, please accept my condolences at this sad and difficult time for you and your family. Since your father owned property in both states, some version of probate will be required in both states. You will want a Florida Probate Attorney to... View More

1 Answer | Asked in Probate for California on
Q: Unequal inheritances - CA Do statutory legal fees get allocated against beneficiary shares based on value of share?

Real property is specific devise to only 1 of 3 beneficiaries. It is the bulk of the estates value. non devised beneficiaries feel estate administration fees should be paid proportionately from the real property devisee share as fees are calculated on estate value. Are they right and is there... View More

James L. Arrasmith
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answered on Dec 3, 2023

Under California law, estate administration fees are generally paid from the estate as a whole before distribution to beneficiaries. This means that the fees are not directly allocated against individual beneficiary shares based on the value of each share. Instead, these fees are deducted from the... View More

2 Answers | Asked in Probate for California on
Q: My question is regarding court papers from the probate conservatorship department saying I am a beneficiary.

My good friend died last December and from what I was told he did not have a will. His 2nd cousins were supposed to get the estate. Last Sunday I received paperwork from the court house listing me as a beneficiary and the 3 cousins on there were listed as second cousins. One cousin received letters... View More

James L. Arrasmith
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answered on Dec 1, 2023

In cases where a person passes away without a will (intestate), the distribution of their estate is governed by state law. These laws dictate who qualifies as a beneficiary, typically prioritizing close relatives like children, spouses, and parents. If no such relatives are available, more distant... View More

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1 Answer | Asked in Elder Law, Legal Malpractice and Probate for Oregon on
Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?

Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More

1 Answer | Asked in Probate for California on
Q: What is the law that prevents the sale of a vehicle prior to probate?
James L. Arrasmith
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answered on Nov 30, 2023

In California, the law regarding the sale of a vehicle belonging to a deceased person before probate is primarily governed by the California Probate Code. Probate is a legal process through which a deceased person's estate is properly distributed to heirs or beneficiaries, and any debts are... View More

2 Answers | Asked in Probate and Estate Planning for California on
Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

There are no other persons or debtors .

I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.

James L. Arrasmith
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answered on Nov 30, 2023

In California, having letters of administration with limited powers for your mother's estate gives you certain authorities, but it does not automatically allow you to transfer the deed of her home into your name. As the administrator, your role is to manage and settle the estate according to... View More

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2 Answers | Asked in Probate and Estate Planning for California on
Q: I have letters of admission limited powers for my mom's estate. Can I have the deed transfered to me? I'm her son

There are no other persons or debtors .

I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.

Howard E. Kane
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Howard E. Kane
answered on Dec 1, 2023

The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More

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2 Answers | Asked in Probate for California on
Q: Can I sell a vehicle before probate

Estate valued at approximately $400K.

James L. Arrasmith
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answered on Nov 30, 2023

In California, selling a vehicle from an estate before probate is generally not advised without proper authorization. The estate's assets, including vehicles, are typically frozen until the probate process begins and an executor or administrator is appointed by the court. The appointed... View More

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1 Answer | Asked in Estate Planning and Probate for New York on
Q: My father died a year ago. Now my stepmother of 6 years passed and we are being told her children get the money that was

Going to be hers. How can that be? They are not in my dad’s will. This is in NY state

James L. Arrasmith
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answered on Nov 30, 2023

In New York State, the distribution of assets after someone's death is governed by their will and the state's inheritance laws. If your father passed away and left assets to your stepmother, those assets would become part of her estate upon her death.

If your stepmother did not...
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1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for Florida on
Q: Does a grandchild inherit what portion was going to belong to their parent if they also are deceased?

My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 30, 2023

I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More

1 Answer | Asked in Probate for California on
Q: I am a claimant in a past probate for $186k. (Rejected) Problem is they have me listed as an attorney.

Need a strong attorney to figure out who changed my my status from CLAIMANT to ATTORNEY. also Need to appeal. ( Btw I'm not an attorney)

James L. Arrasmith
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answered on Nov 29, 2023

In California, if your status was incorrectly listed as an attorney in a probate case, it's essential to address this error promptly. You should consider retaining a probate attorney who can thoroughly review the case documents and court filings. This attorney can investigate how and why your... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for New York on
Q: My step mother of 5 years passed away and we are being told my that part of fathers estate will go to her children.

Will is not done yet and they are not in the will. New York state

James L. Arrasmith
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answered on Nov 29, 2023

In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state... View More

3 Answers | Asked in Estate Planning, Legal Malpractice and Probate for California on
Q: Lawyer had Home appraised At 1.8m sold it for 1.5 after 60 Days listed to a friend of his Who 3 months sold for 3.1

Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More

James L. Arrasmith
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answered on Nov 29, 2023

It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More

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1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: My dad's will was never executed probate never happened. He lived in NC, died in SC. Where would probate happen?

Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.

Anthony M. Avery
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answered on Nov 29, 2023

An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Probate for Michigan on
Q: How is it known to the public if court records are or files are sealed?
James L. Arrasmith
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answered on Nov 28, 2023

There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.

Instead, here is what generally happens when records are...
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1 Answer | Asked in Probate and Family Law for California on
Q: What forms do I need to file to submit documents to support my request for guardianship of my little sister

I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so

James L. Arrasmith
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answered on Nov 27, 2023

In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More

1 Answer | Asked in Probate, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: My father in law passed away in 2007 and my mom never probated the house. Is there anything she has to do to take clime

She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.

John Michael Frick
John Michael Frick
answered on Nov 27, 2023

Houses aren't probated. Estates are probated.

A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.

When your F-I-L died, your mom owned 50% as her community property and...
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