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Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Do an heir's interests in a will passes to their offsprings if heir dies intestate and dies after the deceased?

My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.

This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 25, 2020

I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... Read more »

1 Answer | Asked in Probate for Massachusetts on
Q: Can I file a Small Estate Affidavit in Rhode Island if Iive in Massachusetts?

My brother recently died. He was a resident of Rhode Island. He had a vehicle and a small checking account. Total value of both @ $3000.00. No debt other than a small hospital bill. The issue is I live in Massachusetts. I have no relatives in Rhode Island. Can I still file a Small Estate... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 25, 2020

You really should be inquiring of a Rhode Island attorney for this information.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Virginia on
Q: Father passed away 10 years ago was married at the time of death but since she has remarried is she entitled to estate

My sister was the holder of the will. I was told she lost the will which we all knew how he wanted the estate to be left to his children. Since she lost the will the court suggested we do a estate transfer. If we do the estate transfer it not only will go to his children but the now ex wife since... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 25, 2020

The remarriage is irrelevant. The theft of the Will by the sister is a felony, but it must be proven. After all, storing the Will with one of the heirs or beneficiaries was just plain stupid. The widow is entitled to her intestate succession or her spousal share (often called dower) rights, which... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: trust been in probate for 10 years how long can it be there in Oklahoma
Ilana Sharpe
Ilana Sharpe answered on Sep 25, 2020

I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »

1 Answer | Asked in Family Law and Probate for Ohio on
Q: What if I found out my gpa’s wife screwed all of us out of an inheritance by filing the wrong will 2 years after he died

I don’t have a copy of the updated will but I was at his home when a lawyer came to the house to update it for him. He looked me in my eyes and said “I don’t want to leave you with nothing.” He had substantial means. I obtained a copy of the will filed in probate court and it’s from the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2020

You'll have to contact a TN probate attorney in the county where the probate court that handled his case located. The lawyer can review all the facts and advise you. You'd probably have to be able to find the updated will to be able to have any basis to proceed. Use the Find a Lawyer... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: What is the procedure for filing a Small Estate Affidavit in PA?

Must an executor be named and an Estate Account established if there will be no sale of property, just the reclaim of a small amount of funds?

Michael Cherewka
Michael Cherewka answered on Sep 24, 2020

There is not enough specific information here to give you any specific answers. There is no requirement to open an Estate administration every time someone dies. If there are no assets to collect and no debts to pay it may be possible to avoid an administration. There are times when companies... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: Refunds to a POD account become estate assets? POD Beneficiary liable for taxes on unpaid loan? Medical bills?

My dad died with only a small bank account ($10,000) with a POD account which is now on hold until death certificate. There will be a refund from a preneed funeral account and a refund of rent from his assisted living facility. Since both were paid out of the POD bank account and that is the only... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Sep 24, 2020

This is why no one should try DIY administration. Hopefully you have not exposed the estate assets to creditors by paying bills from his POD account prior to transferring it to your name. Estate assets can be protected from creditors (except funeral bills) by waiting 6 months to open estate, but... Read more »

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can a probation case that was already closed be reopened and re evaluated by lawyers if it was mishandled in the past

I just want some advice because i was a first offender and i got put on probation for 30 years and have had to pay fees i cannot afford and never will be able to afford to a place that no longer exists. I was 17 at the time and the person who did the acts was 15 so they charged me instead. I would... Read more »

Robbie Levin
Robbie Levin answered on Sep 23, 2020

You can file a Motion to Terminate Probation. I would recommend talking to a lawyer to better evaluate your chances for early termination.

For more information visit my website at www.LevinLawyerGa.com

Robbie@LevinLawyerGa.com

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a new will override a spouse's rights upon the other's death?

My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2020

Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: Do I, as a beneficiary have the legal right in Tennessee to know how much the Power of Attorney was paid from the Estate
Anthony M. Avery
Anthony M. Avery answered on Sep 23, 2020

Not sure why an attorney in fact would be paid anything by an Estate. But you might start by looking at the Court File at Probate Court. It might list the claims or an accounting by the Administrator/Executor. Read the File verbatim. If it seems wrong, hire an attorney to examine the... Read more »

2 Answers | Asked in Estate Planning and Probate for Arizona on
Q: How can I collect personal belongs of my ex mother in laws who passed when her boyfriend doesnt wanna give us her stuff?

My ex mother in law died in a car accident 3 days ago, she didnt have a will but has stated to multiple people that I was the one that she wanted to be executor. she was suppose to get in writing but died before doing so. She was living with her boyfriend who is a drug addict and was abusive to... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 23, 2020

I am sorry for your loss.

Unfortunately, when people do not put their wishes in writing, problems arise. What she said before her death, without written proof, may no longer apply. Her children are the best ones to open probate to get control of her assets. I recommend working with...
Read more »

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1 Answer | Asked in Probate for North Carolina on
Q: In N.C. is the Personal Representative supposed to notify all potential heirs when probating an estate?
Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

If the decedant left a will then, the PR has less of a duty to notify potential heirs. As the will should clearly specify who was to receive under the will, and the PR has a duty to act in accordance with the will.

If the decedant did not leave a will, then all potential heirs have an...
Read more »

1 Answer | Asked in Estate Planning and Probate for North Carolina on
Q: How do I become executive of my mom's estate she passed and although I was told my parents were divorced they are not

I am her only child they have been separated my whole life

Ben Corcoran
Ben Corcoran answered on Sep 23, 2020

It depends on whether or not your mom had a will.

If she did not have a will, you need to make an appointment with the local Clerk's Office and ask to be appointed, tell them the situation and hope that they will immediately appoint you. If not, you will need to wait 90 days from the...
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2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: Grandma left me an apartment in her will 2003, but my step-grandpa was executor and never distributed. Died 2016

Me and my sister were never mentioned in my grandpa's will because we weren't blood related and his side of the family didn't like my mom, so it was a bit messy we group up with our grandpa and weren't even in his obituary. I have all the papers for the estate I'm owed and... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2020

Take your stuff to a probate lawyer with your checkbook (so you can pay for a.consultation) to see if he or she can help you. We cant help you on the internet.

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3 Answers | Asked in Estate Planning and Probate for California on
Q: Once someone dies who starts the process of the will?

My single Dad passed away in June leaving 3 offspring in our 50's. My brother moved in with Dad several years ago due to no home

For last 3 years Dad needed care provided primarily by brother. Sister/me assisted 2 days/wk. After Dad died, bro claims Dad left all to him, discontinued... Read more »

Shawna Murray
Shawna Murray answered on Sep 22, 2020

I am sorry for your loss. If there was a will, it should have been lodged with the court in the county where your father resided. The law says it must be lodged within 30 days after the death. If it was lodged, you can then view at the court. Of course, there might not be a will and perhaps your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Hello, this is a probate question. I am at the end of my probate, my attorney wants me to bring my account current.

The agreement was that they would be paid once I sold the house. I was laid off due to COVID, I informed them of this and they stated it was not their problem. I only have a couple of more steps to close the case. I am not sure how to proceed, I am located in Texas. How will this affect my case?... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Sep 22, 2020

You do not note whether the agreement is written. Everyone's memory is fallible.

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My children have never been notified by the oil producers about their interests. All their cousins. aunts, etc.

had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »

James Tack Jr
James Tack Jr answered on Sep 22, 2020

This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »

1 Answer | Asked in Energy, Oil and Gas and Probate for New Mexico on
Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests

James Tack Jr
James Tack Jr answered on Sep 22, 2020

It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »

1 Answer | Asked in Probate for Ohio on
Q: How to find out if there is a will

My father died unexpectedly last year. My mother immediately got rid of all of his documents and computer. She swears that he did not have a will. She refused to post an obituary for him in newspapers, etc. My two siblings and I found 3 signed checks written out to us from my father in his desk... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 22, 2020

You would have to try to find the lawyer that might have prepared his will, and then hope the lawyer retained the original. A copy of the will might work, but maybe not. But if you don't know where to start looking for the attorney, it might be impossible to find out. It might be too late... Read more »

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