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Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Washington on
Q: Executer for my father's will passed how do I become executer?
Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

You should hire a probate attorney to help you petition the probate court to appoint you as executor.

2 Answers | Asked in Estate Planning and Probate for California on
Q: I there a procedure called bequeeze or bequest that can avoid probate and heggstad?

*Is not I.

My grandmother recently passed away. I am now the trustee of the family trust. There are a couple of properties that didn't make it into the trust. Is there a legal procedure that can avoid probate and heggstad? My father believes this is called bequeeze or bequest.

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2019

A "bequest" is a legacy or gift handed down to someone in a will, or the act of making such a gift by will. To "bequeath" is to give personal property by will do another. They are almost synonyms of each other. Gifts made by will require probate to transfer, with some exceptions.

In...
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2 Answers | Asked in Probate for Texas on
Q: My father died 28 years ago and my grandmother died 7 years ago I was never notified how do I get my part of inheritance

Family is playing stupid with me told me on phone that they dident know I existed. My grandmother and dad both had property and alot of money

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 13, 2019

You do not write that you have any evidence that either of them left anything to you in a Will. Please check the records of the county probate court to see whether they had Wills naming you. If they did not leave Wills, you are not an heir to your grandmother's estate directly. You may be an... Read more »

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1 Answer | Asked in Probate for Texas on
Q: where can i find the form for a muniment of title? Want to do this on my own.
Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 13, 2019

I wish you could but you can't. You must be represented by an attorney. The attorney will file an Application to Probate a Will as a Muniment of Title together with the Will and the death certificate. You will testify in court. The judge will issue an Order. The attorney will record the Will... Read more »

2 Answers | Asked in Probate for California on
Q: Hello, Mom passed away without a will nor a beneficiary for her bank account.

I've been taking care of her in her home for 10 years (Alzheimer's), and my sister wants me to inherit the remaining funds in her bank account of less than $5000 and the family home, which has a reverse mortgage on it The loan on the house is at $320,000 and the house is probably only worth about... Read more »

James Edward Berge
James Edward Berge answered on Dec 12, 2019

Since your mom’s total gross estate is valued at more than $150,000, you’ll need to probate the entire estate, including the home and the bank account. The cost of probate is at least $10,000. You really should find a probate attorney to help you through it. The existence of a reverse... Read more »

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2 Answers | Asked in Probate for Maryland on
Q: Hello! My case is about intestacy and lawyers as personal representatives in the State of Maryland (Montgomery County).

My mother passed away last year and I was placed as the PR. I handled all her debts and creditors but, did not file the first account. Due to the delay in filing, there was a hearing (without my knowledge) and I was taken off as PR and a lawyer was placed in. He wants to sell the real estate... Read more »

Mark Oakley
Mark Oakley answered on Dec 12, 2019

You should hire a lawyer to represent you, have the lawyer learn what the facts are so the correct action can be evaluated and taken (you don’t post any facts to properly advise you).

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2 Answers | Asked in Probate for Oregon on
Q: in a reverse mortgage and the person passes Does the house need to go thru probate.?

The will appoints me as personal representative and states I shall have the power and authority to sell and dispose of any property that i might own at the time of my death. So then could I sell the house to pay off reverse mortgage and split the extra money with my brother?

Joanne Reisman
Joanne Reisman answered on Dec 12, 2019

Probate isn't required in Oregon. Probate is an option if you need the assistance of the court to order tasks needed to resolve a deceased person's estate to get done. In the case of a reverse mortgage you may or may not need probate.

The first thing you will want to do is figure out if...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 12, 2019

I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

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1 Answer | Asked in Probate and Estate Planning for Puerto Rico on
Q: My mother passed away 1 year ago and has property in Puerto Rico. I live in the US . What steps do I need for inheritan

My father still lives in puerto rico. I have a brother out there that can not trust. I cant go to Puerto rico but need to transfer the land to my name. Can I do it from the us? I dont have anyone I can trust

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Dec 12, 2019

You can do it from the USA but, just in case, you will need an attorney based in Puerto Rico. On the other hand, unless your mother left a will, any real estate assets left will be jointly split among her children, with a small portion going to your father, if they were still married.

2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: Who gets my dads estate with no will in n.c.?

My father passed away and we cant find a will.. he has no spouse, but he had two kids me and my sister.. my sister passed away yrs before my dad did but she had 4 kids who are saying there intitled to 50% of my dads estate is this true or do I not get all of it bc of I'm the only surviving kid of... Read more »

Ashley Kevitt
Ashley Kevitt answered on Dec 12, 2019

When a person passes away without a Will, or the original cannot be located, they are considered to have died "intestate". This means their estate will pass by North Carolina laws as opposed to what their wishes may have been under a Will.

The laws in NC state that if someone dies...
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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away in June and I need help getting his affairs in order and taken care of and I have no idea

Disabled veteran, no will, 1 sibling I can't find

Nina Whitehurst
Nina Whitehurst answered on Dec 12, 2019

Click "Find a Lawyer" above and contact a probate attorney in your area.

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2 Answers | Asked in Estate Planning and Probate for North Carolina on
Q: My dad passed away with no will and no spouse.. i am the only surviving child do I get everything

This is north Carolina btw

Adam Bull
Adam Bull answered on Dec 11, 2019

After payment of any debts, yes.

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2 Answers | Asked in Probate for California on
Q: A father in Ohio just completed the funeral of a son who died intestate in Los Angeles, California. The estate will be

small and can avoid probate. But to begin the process, what "proof" must he provide to his son's landlord, banks, employer that he is son's personal representative at this time?

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

In reality, nobody is your son's personal representative unless and until he or she is appointed as such by a probate court. If the decedent had a will and it appointed the father as personal representative, some (not all) institutions might honor that. The landlord will probably be satisfied by... Read more »

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2 Answers | Asked in Probate for New York on
Q: i am trying to probate my aunts estate/property. Can i be assigned admin. her son is unresponsive to me. I am from NY

Her son, my cousin has blocked me from communications. He had a brother he passed away and his son (deceased brother) is incarcerated. The bank of the property is willing to allow me to action on the property if i provide letters of administration; my mother and i had paid for the funeral costs and... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 11, 2019

Yes. If there is no Will naming a particular person as Executor/trix then you may apply for Letters of Administration.

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1 Answer | Asked in Family Law and Probate on
Q: An unmarried aunt has recently died intestate. Her closest living relatives are her siblings. Do they inherit?

She had no children. Her only remaining living relatives are one brother, one sister, six nieces and 3 nephews -- all adults. Also, one of her nieces is a personal injury attorney who apparently appointed herself person representative. Is there a conflict of Interest in her doing so?

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

In New Mexico her siblings would inherit everything.

An interested party is not disqualified from serving as a decedent's personal representative. More often than not the personal representative is an interested party. If you object to the court appointing anyone in particular as...
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1 Answer | Asked in Probate for Wisconsin on
Q: Dad passed with no will. Just received inheritance a month ago from my grandpa. Stepmom says it's all hers.

Stepmother said they were separated not legally though and has a boyfriend how can I get my grandfather's inheritance

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

You really need to discuss your individual circumstances with a local probate attorney. There are too many missing facts to be able to answer your question. An attorney needs to review your dad's will. If your stepmom refuses to let you see it, and if she had not opened probate, then you can... Read more »

3 Answers | Asked in Probate for Oregon on
Q: My mother passed away. I am both her only heir and executor of her estate can I borrow against her home to pay off debts

I was living in the home for 6 years and have been paying the mortgage since her death. The house is her only asset and is in probate. Have been told I have to sell it to pay off her debts. Have a lender who will give me a home equity line of credit if my name is on the deed.

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

No lender will recognize your authority until you are appointed as executor by the probate court. Keep in mind also that all debts (except the mortgage) eventually expire if you can fend them off long enough.

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2 Answers | Asked in Criminal Law and Probate for Minnesota on
Q: Why do I have two probation officers to report with in the same county. 1 is county 1 is doc but I never went to prison

P.o. doesnt help me from not recommiting crimes but push/force me to break laws in order to have any chamce of jumping through the hoops set upon me. Why?

They dont call me back. They dont mail me anything. They refuse to help me, why? Is this legal what they are doing to me?

I'm... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Dec 11, 2019

In some counties the DOC supervised felonies and community corrections supervises grosses and misdemeanors.

I fail to see how having two agents pushes you to commit crimes to comply with probation. That doesn’t make any sense. It’s unclear what help you are looking for but consulting...
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1 Answer | Asked in Probate for Missouri on
Q: My mother just passed away in Missouri. Her estate is just debt. Do I have to do anything legally?

Is there a legal obligation to get involved in her estate? I prefer to let nature takes it's course.

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

If she doesn't have any assets that need to be retitled, there is nothing you need to do.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: Who does the house go to now?

My father passed away last year and in his will he left his house to his brother. Now his brother has passed away and the house is still in my father's name. I have 2 sisters and we are trying to figure out if the house is now our responsibility since the house hasn't been put in our decreased... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 10, 2019

There is no way to answer your question without reviewing your father's will and knowing how much time passed between your father's death and your uncle's death. The will might or might not contain a survivorship requirement and, if your uncle survived long enough, then the house vested in him... Read more »

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