Probate Questions & Answers

Q: My mom passed in 2010. She has real estate that we have been paying taxes on. No written will. Died in AZ, land in CO.

1 Answer | Asked in Probate for Colorado on
Answered on Feb 16, 2019
Brynne Gant's answer
To transfer real property (even vacant land) to heirs, you'll need to open probate in Colorado (or what's called "Ancillary Probate" if probate was already opened in AZ). The Colorado Courts website has some good information and instructions on how to do this: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Trusts, or you can reach out to a probate attorney to help you file the appropriate paperwork and notify all the correct people.

Q: My mother didn't leave a will has to property has no debt what kind of lawyer do I need? There are four of us agreement.

1 Answer | Asked in Probate for Indiana on
Answered on Feb 16, 2019
William J Webster's answer
Even though everyone is in agreement, in order to transfer property from your mother to you and your siblings you will need to hire a probate attorney to open and assist in administering your mother's estate.

When the estate is opened a personal representative is appointed who has the authority to transfer property from the person who passed away to his or her beneficiaries or heirs at law.

Depending on the size of the estate and types of property, there may be other...

Q: I was charged $2500 for the legal fees related transferring my brother's car to me.

1 Answer | Asked in Probate for California on
Answered on Feb 15, 2019
Bill Sweeney's answer
You should address this question to the attorney who did the work. I am sure he or she would explain the basis for the attorney fees.

Q: Can a family member claim unclaimed property in Texas if will has been probated?

1 Answer | Asked in Probate for Texas on
Answered on Feb 15, 2019
Tammy Lyn Wincott's answer
If there is no named beneficiary on a life insurance policy, the funds become property of the estate. If his will indicated "all" property both real and personal would go to a beneficiary/beneficiaries then they would be the rightful ones to the insurance. The executor should act upon discovering new estate assets. With the finding of new assets there could be a chance for you to contest a will. I suggest meeting with a probate attorney to discuss further.

Q: If a will has already been probated, how can I find out who the lawyer is to contact him?

3 Answers | Asked in Probate for Texas on
Answered on Feb 15, 2019
Terry Lynn Garrett's answer
The probate or county court probate records will have the lawyer's name. In some counties these are online. Look by the name of the decedent.

Q: Can the court clerk decide to not appoint the executors as listed in the will and put all heirs on property deed?

1 Answer | Asked in Estate Planning and Probate for Virginia on
Answered on Feb 14, 2019
Richard Sternberg's answer
“Advantage” should have no relevance to the appointment of an executor in a testate estate, and title to the land passes in Virginia outside probate subject to the actions of the executor in administering the estate. In other words, your question makes no sense, and the uncooperative heir or beneficiary shouldn’t matter. You need to sit down with a lawyer and let him read the Will and interview you. My best wild guess on the facts you’ve recited is that the probate clerk doesn’t think...

Q: Can a home of a deceased without a will be sold without probate?

3 Answers | Asked in Probate for Florida on
Answered on Feb 14, 2019
Phillip William Gunthert's answer
Maybe, probably not. You will need to speak with a Florida Probate Attorney. It will depend on what the deed says and how the property is titled and if it can transfer based upon how the deed is presently held. For example, is it held by a husband and wife (Florida Tenancy By The Entirety), then it can likely pass outside of probate or if the deed is held in some manner that allows transfer upon death. So, a starting point will be getting a copy of the deed or having a probate attorney get and...

Q: Hi, how does a surviving spouse "get in" to a probate of a will where daughter was named independent executrix?

1 Answer | Asked in Probate for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
I strongly suggest the spouse consult with a probate attorney as soon as possible.

Q: I live in different states, But I am an executer of my Dad inheritance state, but I haven’t probated he’s wills?

1 Answer | Asked in Probate for Texas on
Answered on Feb 13, 2019
Tammy Lyn Wincott's answer
In Texas a will is not valid and an executor may not act until the will and executor have been approved by a probate court. I suggest consulting with a probate attorney in the proper jurisdiction. If you lived outside of Texas and tried to probate a will here, you would need to name a registered agent within Texas and this is easy to accomplish.

Q: Mother died, Court judgment was for debt against my mother that is more than her estate is worth. Are we responsible?

1 Answer | Asked in Probate on
Answered on Feb 13, 2019
Ben F Meek III's answer
Your mother's estate is probably answerable for her debts, but her heirs are not personally liable for those debts (unless they obligated themselves by co-signing a contract or note or something similar). The inheritances of your mother's heirs would be reduced by the payments of her debts from her money and property, but if your mother's property is insufficient to pay her debts, those debts would just go unpaid. A major caveat, however, regards mortgages or liens on real or personal...

Q: I am the Executor and heir to the decedent's estate in Texas. I have a Deed (unrecorded) to property. There is a will.

2 Answers | Asked in Estate Planning and Probate for Texas on
Answered on Feb 13, 2019
Terry Lynn Garrett's answer
You cannot sell property you do not own. A recorded deed is evidence of ownership. If the deed is recorded before death, the property passes by deed, not by Will.

If the person granting the deed has already died, maybe the title company will advise you to record Affidavits of Heirship to transfer the property. But you may need to present the Will for probate.

Please note that the Texas Estates Code requires that a Will be presented for probate (proving) within 30 days...

Q: Son bought a home, wife signed off, they were separated 31 years; he died. Can she claim his estate?

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Feb 12, 2019
John B. Palley's answer
The ex may make a claim but that will be dealt with when it happens. The cost of probate is based on the value of the house. I have a probate fee calculator on my website which can give you an estimate of cost. https://californiaprobate.info/probate-fee-calculator/

Q: Can you provide Summary Administration representation and provide the associated cost information? See below.

1 Answer | Asked in Probate for Florida on
Answered on Feb 11, 2019
Phillip William Gunthert's answer
Costs vary dramatically from law office to law office and can be hourly $250 to $450 or more, or some offices will work with you based on a flat-fee or there are Florida Statutory fees that are deemed acceptable, roughly 3% and so forth. Also, if probate has been completed, an Ancillary Probate may be applicable in Florida as well as an option. The reality of the situation is that cost can vary drastically and it will be necessary to review precisely what needs to be done by any attorney...

Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Answered on Feb 10, 2019
Jonathan Craig Reed's answer
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets you see the value for the last five years, although when I checked a local house right now to answer your question, Zillow.com wasn't giving me the price history. However, I mention the value at the...

Q: How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate

1 Answer | Asked in Banking and Probate for Oklahoma on
Answered on Feb 10, 2019
Richard Winblad's answer
Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.

Q: 2018 son died contest family and beneficiary no will and no wife or kid both parents alive but can't afford to pay for

1 Answer | Asked in Probate for California on
Answered on Feb 8, 2019
Gerald Barry Dorfman's answer
Sorry for your loss. If your son had no will or trust, no spouse and no children, then his estate should pass to his parents. You do not need a lot of money to start a probate with an attorney, although you may have to speak with a few because of the monkey business with the relatives. You will probably want to be appointed administrator, so you and your attorney can investigate what happened and recover any money or property which belongs to the estate. Although it is understandably...

Q: CA wome dies intestate w/ no spouse/children/parents. She has 5 siblings; two living and three deceased.

1 Answer | Asked in Probate for California on
Answered on Feb 8, 2019
Richard Samuel Price's answer
Yes, from what you described, the survivng daughter of the deceased son of the deceased sibling is entitled to 1/2 of 1/5 of the estate, which is 1/10 or 10%.

Q: In Michigan, it is my understanding that the probate proceedings must occur in the county where the individual died.

1 Answer | Asked in Probate for Michigan on
Answered on Feb 8, 2019
Trent Harris' answer
Venue for a decedent who dies in Michigan depends on whether they were domiciled here (i.e., Michigan was the place where they had their home, with intent to remain indefinitely). If the decedent was domiciled in Michigan, then venue is in the Michigan county where the decedent had their domicile.

If the decedent was not domiciled here, then venue for estate proceedings is in a Michigan county where property of the decedent was located at the time of death. MCL 700.3201(1)(b) This...

Q: This is just a continuation from last question I was asking you regards to my brother's passing. So you're telling me

1 Answer | Asked in Estate Planning and Probate for California on
Answered on Feb 7, 2019
Bill Sweeney's answer
If you object to her inheriting property she could be required to prove paternity. The attorney assisting you with the probate can advise you further.

Q: My brother just died & I'm his only family his never been married & no kids we thought . He has no will.ill continue Q

3 Answers | Asked in Estate Planning, Foreclosure and Probate for California on
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
Sorry for your loss. If she really is his only child, she would inherit everything in his estate. If you or someone else are named as beneficiary on the accounts or 401K, those go to the named beneficiary.

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