Probate Questions & Answers

Q: I don't understand why I was named an Heir, and my sibling are devisse It makes no sense to me,

1 Answer | Asked in Probate for New Mexico on
Answered on Mar 29, 2017

I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'. Everything from 'x needs it more than y' to 'x has a drug problem so I don't want to add to it by leaving something to x' to 'x is on government benefits and if I give them anything they will lose that'.

Without...
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Q: When filing a will to County Clerk for Probate in FL, is it necessary to include copy of Death Certificat?

1 Answer | Asked in Probate for Florida on
Answered on Mar 28, 2017

The will can be filed for safe keeping prior to filing a petition for probate. Upon filing a petition for probate the death certificate does not have to filed for 60 days but is often filed at the same time as the petition for probate.
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Q: My step father has unclaimed money to chase bank. Recently my mother passed away. The bank is now asking let of autho.

2 Answers | Asked in Estate Planning and Probate for California on
Answered on Mar 28, 2017

Letters of Authorization are issued through probate proceedings. If the assets sitting outside the living trust (ie not titled in the trust name) cumulatively are over $150,000 then a probate is needed and; therefore, Letters of Administration. If the assets sitting outside the living trust is less than $150,000 then we can utilize a Small Estate Affidavit in lieu of Letters of Administration.
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Q: If married person dies and the spouse is not also on the deed to a piece of property, will the property go to probate?

1 Answer | Asked in Probate for Missouri on
Answered on Mar 28, 2017

The short answer is 'yes'. There MAY be ways to shorten the process though depending on the value of the property so it is wise to hire a local probate attorney both to insure that this is done correctly, and also to insure there isn't some better option available. I have seen MANY situations where the people try to start probate to 'save money' only to later discover they should have let creditors do that because they will not inherit anything! Seek local legal help.

-- This answer is...
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Q: My grandmother willed her house to be sold and the proceeds go to my brother and I. Does it still have to go thru court?

1 Answer | Asked in Probate for Tennessee on
Answered on Mar 28, 2017

The sale of the property and the probate process are not tied to each other. You can complete the sale while the probate process is open, but it generally involves putting all or some of the sales proceeds in "escrow" until the period for creditors claims has expired. Most buyers want clear title- and making sure there are no unpaid creditors of the deceased is the reason for submitting the will for probate. Yes, you and your brother could quitclaim the property without the process, but that...
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Q: Hi :?is a probate court choose an Admin Ad Litem and will s/he ask the p's to submit their evidence/undue influence andw

1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Answered on Mar 28, 2017

The judge will probably make the appointment, but you could certainly ask to be involved in the process. The judge should enter an order providing how the administrator ad litem will be paid.
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Q: Husband died leaving $200 bank acc

1 Answer | Asked in Probate for Florida on
Answered on Mar 27, 2017

The only option I see here is if the heir could possibly qualify for a waiver of the filing fee. This is possible when the petitioner's income and assets meet the requirements for civil indigency status. The application for civil indigency status is available online with a google search or it is available from the clerk of court in your county.

Absent a filing fee waiver, the lowest filing fee for a probate matter is $241.00 which is the filing fee for (1) Disposition of Personal...
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Q: Father now deceased was the administrator of my mother's estate. My father remarried but I'm looking to become

1 Answer | Asked in Probate for New York on
Answered on Mar 27, 2017

This is not a problem. You have to bring a special proceeding called a "CTA". Call a lawyer to help.
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Q: If my father died with out a will, and both siblings want to sell his house and I do not. Can they still sell the house?

1 Answer | Asked in Probate for New Mexico on
Answered on Mar 27, 2017

Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out' the other two siblings' interest. This is done all the time, and often the siblings 'swap' other assets rather than there being a required cash payment.

I'd urge you to consult with a local probate attorney to determine what...
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Q: A credit union holds both a savings account and the mortgage. Can I transfer the savings w/o paying off the mortgage?

1 Answer | Asked in Probate for California on
Answered on Mar 27, 2017

Yes, you can do that.

Personal property such as a bank account can be transferred to an account for the estate.

Then, the real property can be transferred to the heirs of the estate separately.
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Q: Re: publication of Probate Notices

1 Answer | Asked in Probate for California on
Answered on Mar 27, 2017

Double check with the local rules and the newspaper. There are rules on text size and sometimes it is required to be bold.
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Q: Most of my mother's estate is under a living trust. Are those assets tied up during the probate process?

1 Answer | Asked in Probate for California on
Answered on Mar 27, 2017

Assets held by a living trust avoid probate and will pass according to the terms of the trust. You would want to read the trust to determine who the successor trustee will be. You can probably avoid probate if you can gather the non-trust assets with an affidavit procedure.
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Q: My father passed and owes 3500 in cc debt. I filed for PR through probate- all he has is 2 pd off cars . Can they take?

1 Answer | Asked in Estate Planning and Probate for Michigan on
Answered on Mar 27, 2017

If the cars were worth less than 60k total you may not have had to file probate in the first place. Why did you do so? Without seeing the whole situation in total it is hard to say what may happen, but yes, an unsecured creditor CAN reach assets (such as a 'free and clear' car) through probate. You really need to bring all the paperwork into a local probate attorney to review to see what you can claim as 'exempt' or 'priority claims' to determine what if anything you can salvage here if indeed...
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Q: Who stay with the property if my step mom left it to my step brother and my dad but they are both death.she left a will.

1 Answer | Asked in Probate for Texas on
Answered on Mar 26, 2017

This depends on what the Will says. It might say that it goes to the heirs or beneficiaries of whoever predeceases your mother. It might say something else. Take it to a local probate lawyer who can interpret it for you.
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Q: If I sign a waiver of bond and grant of certain powers - when the administer goes to sell property and land will we

1 Answer | Asked in Probate for Florida on
Answered on Mar 25, 2017

Without knowing the details, no, you probably won't have to agree to the sale, or to sign anything at the sale. You probably will get a portion of the sale proceeds if you are in fact an heir and the creditors have been paid. See an attorney to make sure you understand the process.
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Q: Are my nieces automatically entitled to a share in my dads estate? Does one have to file for probate court?

1 Answer | Asked in Probate for California on
Answered on Mar 25, 2017

If it hasn't happened yet, you can file a probate case. See: http://www.courts.ca.gov/8865.htm

Have a lawyer review the will. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: What if both parents don't come to probate court will the child go back to the Guardian and the Guardian don't

1 Answer | Asked in Child Custody and Probate for Michigan on
Answered on Mar 25, 2017

The Court will generally not impose responsibilities on a 'guardian' if the guardian declines to act. Without knowing all the facts however, it is impossible to know exactly what will happen in Court. Has the guardian ALREADY accepted the responsibility? Is there some sort of change in circumstances that would make this necessary for a period of time?

If you have questions about this, you should consult with a local Probate attorney who can provide ACTUAL legal advice and guidance....
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Q: admin of estate on probate deal asking for cash on the side for sale of property is this illegal?

1 Answer | Asked in Probate for California on
Answered on Mar 24, 2017

Terms for care of the deceased should be in the will - are they not? Has probate been filed? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: My father passed away in Texas; his will was made in DC, when he lived there. Is this will valid?

1 Answer | Asked in Probate for Texas on
Answered on Mar 24, 2017

Contact a TX estate lawyer re: your question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Wills and trusts

1 Answer | Asked in Estate Planning and Probate for Wisconsin on
Answered on Mar 23, 2017

You have to file a Complaint in Wisconsin.
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