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Probate Questions & Answers
1 Answer | Asked in Probate for Mississippi on
Q: my father passed away in 1996. my family told me that he did not leave a will. I have recently discovered that he did.

Where can I get a copy of his will?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 19, 2021

If the estate was not probated, then you will have to get a copy from whomever has it. If it was probated, a copy should be attached to the petition filed at the courthouse.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My dad died with personal loan in his name only. Is his wife liable to repay? All assets (not much) were jt, no executor
Anthony M. Avery
Anthony M. Avery answered on Oct 18, 2021

Some necessities and medical bills can be asserted against the surviving Spouse. But if no Probate Administration, it will be difficult for the Creditor even find a Defendant to serve. If the Decedent had real property, a Judgment Lien could be a real problem.

1 Answer | Asked in Real Estate Law and Probate for Massachusetts on
Q: My father owns a home but does not live in it, my sister is living In it. My dad has a will and leaves estate to both

of us. how does my sister living in this house currently impact that? does she have rights to keep the house and not sell if my dad passes?

Lillian J. LaRosa
Lillian J. LaRosa answered on Oct 18, 2021

The terms of the Will govern and whether or not there are debts and liens to be paid by the estate are also considerations for the Personal Representative. If the property is left to both of you, you can also seek reasonable rents. Sometimes the other devisee is interested in purchasing the other... Read more »

1 Answer | Asked in Probate for Florida on
Q: (Florida) Have a car as an asset in probate, nearly paid off (no will) one sibling will not sign off to sell. Any remedy

If we can't sell car, we will lose it, as I can't keep paying on it and insurance.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 17, 2021

The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case... Read more »

1 Answer | Asked in Probate for Arizona on
Q: A bond ordered, I am having problems getting it. Can I start process , pay debts, ext., before get bond? Not sure I can
Peter H. Westby
Peter H. Westby answered on Oct 16, 2021

I recommend that you consult with a probate attorney before taking any action. Since you have been ordered to post a bond, your appointment to serve as personal representative will not be made until the bond is posted. Any action attempted prior to your court appointment is unwise and will be... Read more »

1 Answer | Asked in Probate and Real Estate Law for Maryland on
Q: Can mortgage company foreclose on a home owned solely by my brother whose estate is in probate?

Brother died intestate on 8/13/2021. Probate court date is 27 October, at which time personal representative will be selected. Creditors will have 6 months to come forward. House is major asset and there are insufficient cash funds in the estate at present to pay mortgage payments. Equity in... Read more »

Mark Oakley
Mark Oakley answered on Oct 16, 2021

No chance the mortgage company can foreclose and sell that fast. It takes at least 90 days of no mortgage payments to trigger the foreclosure notices, and if the PR communicates to the mortgage company the death of the borrower and that an estate is open and the house will be sold, then they will... Read more »

1 Answer | Asked in Probate for California on
Q: My roommate’s mother died recently. How can he find if there was a will or claim a right to the estate?

My roommate’s mother passed away a couple months ago. He and his brother are her only surviving family, but they are estranged due to my roommate coming out as a gay man. He believes that she had no will. When my roommate went home for the funeral, he discovered his mother’s home had been... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 15, 2021

After a person passes away in California, depending on the value of the estate, the executor of his/her estate may need to probate the will with the local court. To start probate, an estate representative (usually the executor) files a Petition for probate of will with the local superior court in... Read more »

1 Answer | Asked in Probate for Texas on
Q: My great aunt died, she has custody papers on me, I was wondering if they would work for a house in probate

She had custody of me and my brother since I was 2 and I'm 34 now and her house and items are in probate so I'm trying to find out if we are considered her children as well and if we have any right to her house?

Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

Unless you were adopted, you are not an heir. If you are not an heir, are not a beneficiary in a will, and have no other documents giving you rights to some of your aunt's property, then you have no rights to any of your aunt's property.

2 Answers | Asked in Probate for Ohio on
Q: How can I gain access to my mothers bank account now that she is deceased?

Both my parents are deceased. They did own a trailer but the landlady of the park took the trailer and any assets inside and all that is gone now. There is only a bank account left. They did not have a will and I was power of attorney for my mother before passing . Is it possible for me to be able... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 15, 2021

There is simplified probate process for small estates. Contact the probate court in the county where your mother lived. They might help you with the necessary forms. If not, use the Find a Lawyer tab to retain a local probate attorney who can advise you. But that might not be cost-effective.... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Landlord - Tenant and Probate for California on
Q: How to fight title Fraud? What do I need to prove my claim and how do tell court that there is no lease agreement
Louis George Fazzi
Louis George Fazzi answered on Oct 14, 2021

You have provided insufficient information to allow me to answer your question. I suggest you contact an attorney in your area and ask for a free consultation. Make sure you take a full chronology of your story, stating what happened, when, who was involved, and identify all witnesses, both good... Read more »

1 Answer | Asked in Probate for California on
Q: why would probate judge give someone a chance to amend a petition for revocation for probate of will if the petition was

filed after a 120 days which is past the statue of limitations in california

Howard E. Kane
Howard E. Kane answered on Oct 14, 2021

The process for petitioning to revoke probate of a will in California is codified in Probate Code section 8270 et seq. which reads as follows:

8270. (a) Within 120 days after a will is admitted to probate, any interested person, other than a party to a will contest and other than a person...
Read more »

1 Answer | Asked in Probate for Pennsylvania on
Q: My grandfather passed away and for years I’ve been living with him taking care of him. My uncle had lost the will.

I’ve been saving for 3 few months but it’s not easy when I pay all the bills, the house is paid off so there is no rent just condo fees. My uncle just sent me a letter giving me 30 days to leave or his team will take action to remove me. I’m not sure what to do or if I have any rights.

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

"lost the will" doesn't cut it. See if an estate has been opened. The uncle can't just act regardless. You need to file a claim as a potential heir with the register of wills for whichever county you are in. You'd want to check to see if an estate has been opened. If it was... Read more »

2 Answers | Asked in Probate for Pennsylvania on
Q: When I pass and leave house to my adult child can I put in will that my sig other can stay in house indefinitely?

My child lives elsewhere and my significant other has children

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2021

Hire a competent PA attorney to advise and draft a Deed. A simple Joint Life Estates/Remainder Deed might be appropriate here. Or a very good lawyer could specify Executory Interests, Conditions or even a Reverter, granting and habendum clauses. Remember the executed Deed takes effect now, not... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: In Texas, does a will have to be notarized on the date it was printed out ? Or can it be notarized at any given time ?

I am trying to help my elderly mother make a will. The date I printed all the forms was July 23, 2021. Can I still use those forms and get them notarized ? Or do I need to make a new will since this one was printed two months ago ?

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The self-proving affidavit on a will must be signed with the testator, two witnesses, and a notary all present at the same time. The date on the document should reflect the date they all sign. The date the document was printed doesn't matter.

1 Answer | Asked in Civil Litigation, Insurance Bad Faith and Probate for California on
Q: If I signed a settlement agreement , is it binding or is there any way possible to back out of the agreement?
Neil Anapol
Neil Anapol answered on Oct 13, 2021

Its impossible to answer that question without knowing more about what happened. Is it a settlement with your own insurer or a third party? Is there any way you can claim that you were fraudulently induced to sign the agreement? Was there a mutual mistake of fact that caused you to sign the... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Can the home and land be probated and auctioned if the decease was in Bankruptcy Court at the time of death ?

I was served with a summons by my stepdaughter

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

Usually real property is not an Estate Asset. But this might be an Insolvent Estate. Deceased Petitioners can receive a Chapter 7 Discharge, which might help the Estate be free of Claims. If the property is valuable, you will need to hire a competent attorney to look into this as it is... Read more »

1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I live in louisiana who do i give my parents living will to? Dad died a few months ago and mother died friday.
Randy Bryan Ligh
Randy Bryan Ligh answered on Oct 13, 2021

I recommend you contact & meet a probate/successions lawyer in your area and in your meeting discuss the specifics of your situation----and how to close out the estates of both of your parents----good luck.

1 Answer | Asked in Probate for California on
Q: can owners manuals be used as proof of ownership for probate code 850 and 859 hearing for stolen items from an estate

decedent passed away and his personal property was stolen and sold at yard sales. including his vehicles. can the decedents owners manuals be used as ownership proof for the stolen items? there are declarations from people that lived in the same household as the decedent that have filed with the... Read more »

Howard E. Kane
Howard E. Kane answered on Oct 12, 2021

Per Probate Code section 859, if items of personal property were stolen from the estate, then the person shall be liable for twice the value of the property recovered by an action under section 859. The evidence code details many different types of evidence, and documentary evidence such as owners... Read more »

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