Probate Questions & Answers

Q: Can a church release the giving records of a deceased member to a family member that is not the executor?

1 Answer | Asked in Probate for Michigan on
Answered on Nov 21, 2017

I don't see any 'privacy' issues (that ends at death) but the only person who can really 'use' the information is the personal representative when preparing the final tax return. Why would the other heirs want that information?

In other words, my 'spidey-sense' is tingling. I'd suggest the best course of action for the Church is to request a copy of the letters of authority and then release the information to the Court-named personal representative. It just seems 'safer' for everyone...
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Q: what happens when 2 people own a home and one passes away

1 Answer | Asked in Family Law and Probate for Ohio on
Answered on Nov 21, 2017

It depends on how their deed was worded, whether they owned the property jointly with right of survivorship. If so, then when she died, the husband became the sole owner of the house. If the deed wasn't joint ownership, then half belonged to her, and half to him, and at her death, her half would go to her estate, to be divided as directed in her will, but her will would have to be submitted to the probate court, and an executor appointed. Use the Find a Lawyer tab to consult a probate...
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Q: My father passed with out a will. His current wife will not split things with me and my brother. Her name isn't on bank

1 Answer | Asked in Family Law and Probate for Tennessee on
Answered on Nov 20, 2017

Like it or not, you and your brother and the wife all inherit from your father if there was no will. You will have to file court papers to "open an estate" and then the court can supervise how the money and property will be split up. Remember, the deceased's debts and funeral expenses will also need to be paid before anyone inherits. You should consult an experienced probate lawyer asap.
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Q: My dad lived and passed in Georgia, how do I deal with probate in Georgia since i live in Michigan

1 Answer | Asked in Probate for Georgia on
Answered on Nov 20, 2017

The simplest and most fool proof is to hire a qualified GA attorney to help you with the process. Often times "Full" probate is not needed, and only a local practicioner can help you navigate the system to both insure things are done right, and also not do more work than is needed.

Use the 'find a lawyer' tab here or get recommendations from local relatives near where your dad lived to find someone who both knows GA rules, and can guide you through the local process as quickly and...
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Q: If my father is legally separated and has been for 6 months and he passes away who is the rightful heir of his property?

1 Answer | Asked in Constitutional Law, Family Law and Probate for North Carolina on
Answered on Nov 20, 2017

Legally separated is a misnomer. In NC, one is simply either separated or they are not. Mere separation has no impact on how the estate will be disbursed. So it depends on what his separation agreement and will say. If no formal separation agreement or will - likely his spouse will inherit.
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Q: Is it possible for my deceased father to still own half of his estate?

1 Answer | Asked in Real Estate Law, Banking and Probate for Ohio on
Answered on Nov 20, 2017

What your brother meant to say is that your father's estate now owns half the house. When it sells, half the sale proceeds will go to the estate, and then the estate will distribute it to you and your brother according to your father's will. If your brother was named on the bank accounts as a co-owner, then he gets that money. Check the ownership of those accounts. Use the Find a Lawyer tab to consult a local probate attorney who can review all the actions of the executor and the...
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Q: Can I be added as a petitioner to a california probate case while waiting for docs to prove I am related to the deceden

1 Answer | Asked in Probate for California on
Answered on Nov 19, 2017

If you are asking whether, as a potential heir, you are entitled to notice of the petition, the petitioning party is responsible for giving notice to all who are legally required to receive it. If you are asking whether you can or should petition yourself, the attorney handling the case is not your attorney; you should retain your own counsel. If you just want to be generally notified about select events in the case, you can file a request for special notice.
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Q: If the person didnt have no poa will or anything is the mother allowed to pick checks up from job and cash them

1 Answer | Asked in Probate for Michigan on
Answered on Nov 19, 2017

If the person REQUESTED this of his mother, and let his agents (eg the workplace and bank) know he was sending his mother to do this, then sure. Such agency does not NEED to be in writing if the parties all agree on it verbally.

This is becoming less and less common however, as most banks don't even like written PoAs any more!

I assume there is more to the question however. If you DO still have questions, it makes sense to find a local lawyer who can meet with you to discuss...
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Q: Can a house be sold in Florida before probate if no will was involved?

2 Answers | Asked in Probate for Florida on
Answered on Nov 18, 2017

You will need to review the deed to the property with an attorney. If it was owned by a husband and wife or there was a life estate, then yes, that may be the case, but most likely the property will need to be transferred through probate first. Best of Luck! Jennifer
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Q: If some makes you power of attorney for money cashing checks etc do it expire when they die

1 Answer | Asked in Probate for Michigan on
Answered on Nov 18, 2017

Yes, it does expire under Michigan law, with the narrow exception of handling funeral arrangements IF the PoA allows for that after death. PoAs in general are ONLY effective when a person is alive. If you try to use it after you know the person has passed, you have committed fraud, and can be held personally liable for any damages created because of that.

If you don't know what you can and cannot do, you should IMMEDIATELY consult with a local attorney to review your responsibilities!
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Q: My deceased dads ex girlfriend has all his stuff.

1 Answer | Asked in Family Law, Intellectual Property and Probate for Florida on
Answered on Nov 17, 2017

Sure; if you file a probate case you can sue her for the stuff.
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Q: My mother passed away on 10/31/17. The custodian of my mother's will, will not provide us with a copy.

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on Nov 17, 2017

Under Chapter 252 of the Texas Estates Code, a person with custody of a will who has notice of the person's death is legally obligated to provide the will to the clerk in the county with jurisdiction. There is a legal process to compel the person to do so, including jailing the person with custody for refusal to turn over the will.
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Q: My grandmother recently passed away. Her name was on the deed along with other family members.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Answered on Nov 17, 2017

In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner would be part of his probate estate. I recommend that you consult with a probate attorney to review the facts of your particular situation.
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Q: My father died in OK without a will.He leaves behind 4 kids & I filed for probate. Does the Rep get 10% for being Rep?

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 17, 2017

Very sorry to hear about your loss. Your question is:

What are the personal representative or executor's fee in a probate?

In Oklahoma a personal representative's fee is determined by Title 58 Section 527. It states that the PR must be allowed " commissions upon the amount of the whole estate accounted for by him" in the probate. Property passing outside of probate (such as life insurance to named beneficiaries, etc.) is not included in this calculation.

5% of the...
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Q: If the person is dead that maybe beneficiary what then? Is there time limit for probate? The bank won't say who everyone

1 Answer | Asked in Estate Planning and Probate for Oregon on
Answered on Nov 17, 2017

You need to talk to a probate lawyer but not necessarily file probate. Probate lawyers do a lot more than just handle formal probates that are filed in the court. You might be able to access bank funds if the amount is very small based on an Oregon Statute. There is a proceeding for smaller estates that is simpler than a full probate. But this is a difficult area so you definitely want to talk to a probate lawyer first.
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Q: How long a period after a death may a will be presented in Nevada?

2 Answers | Asked in Probate for Nevada on
Answered on Nov 17, 2017

Firstly, sorry for the loss of your dear friend.

The answer to your question depends upon the answers to some missing facts.

Are you aware whether your friend had assets in Sparks (ie: a house, car, bank accounts)? If so, those assets may need to go through Probate. As the Will is so old, your friend may have updated it, however if the one you are holding is the original last Will your friend executed, then it needs to be filed with the Court Clerk. If you are named as the...
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Q: How long must a will be presented after someone's death?I would appreciate any information you can give me.Thank you

1 Answer | Asked in Probate for Nevada on
Answered on Nov 16, 2017

Dear Cupertino, CA:

You mentioned that your friend passed away in Sparks, Nevada. If your friend was living in Nevada, you should re-post your question in the Nevada forum. (Unless she also owned property in California, a bit on that later.)

The laws that govern how a descent's estate is handled are state specific. Although there are similarities between various states, there are enough differences that a right answer for California may be wrong for Nevada. The exception is for...
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Q: My mom passed away and was in process of divorce and division of assets/retirement accounts/proceeds from sale of home

1 Answer | Asked in Divorce and Probate for California on
Answered on Nov 16, 2017

Dear Fontana, CA:

This is a tricky one, for which you should seek legal counsel with a qualified attorney. But, here is some basic information to help you along.

When a spouse dies and their is no will or trust, the property distributes though intestacy. Normally, the surviving spouse gets all of the community property and 1/2 or 1/3 of the separate property. (If there is more than on child, or issue of a predeceased child, the surviving spouse gets a 1/3, otherwise the survivor...
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Q: Executor of estate wants to probate old will over new will what does this mean?

1 Answer | Asked in Family Law and Probate for Georgia on
Answered on Nov 16, 2017

A valid new will generally revokes a previous will. Therefore, the most recent will which has been properly executed is the one which should be probated. If you have an interest under one of the wills, you should seek advice from a probate attorney.
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Q: How can I get power of Attorney for my ex husband after his stroke? He doesn't understand & can not write

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Nov 16, 2017

If he is not capable of consenting to a power of attorney, you can not get one. A conservatorship may be appropriate. The court can appoint someone to handle the affairs for someone who cannot do so themselves.
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