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District of Columbia Probate Questions & Answers
2 Answers | Asked in Probate for District of Columbia on
Q: My recently deceased father lived in DC, but kept Virginia as his residence on his drivers license. Which probate court?

He's lived in dc for the last 10+ years and owns a home in DC. His cars are all have VA plates.

Richard Sternberg
Richard Sternberg answered on Feb 20, 2019

The matter will present some factual issues, but that's all just evidentiary. If he lived in DC, you can do the probate there, and it will be easier and cheaper if it can be filed as an abbreviated unsupervised probate.

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2 Answers | Asked in Probate for District of Columbia on
Q: What should avg fee for unsupervised probate estate value 1.1million. Will straight forward split even percents

Only need to sell stock and apartment reps will doing everything lawyer will only call to say what’s needed to be done to follow law, file paper work with court and write up a letter to beneficiary’s. Well I knew this lawyer was a trying to get ever penny he can, I have not contacted courts... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 17, 2019

Lawyers in DC are not permitted to charge a percentage— any percentage— in private unless it is a commission on sale of property. If all that is required is a petition for probate, unsupervised, with proper releases all around, it shouldn’t be more than a few thousand, and you get to review... Read more »

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1 Answer | Asked in Probate for District of Columbia on
Q: Can a probate lawyer hire another attorney without consulting heirs or obtaining heirs consent?
Richard Sternberg
Richard Sternberg answered on Aug 28, 2018

At least in DC, decisions about administration of the estate are made by the personal representative, subject to motions filed by any interested party. Only when the lawyer is also the PR would the lawyer make that decision. It is, however, not unusual for a lawyer who limits practice to probate to... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: How do I formulate a disclaimer for a particular bank account that is moved to probate (Washington, DC)

Example: xyz account with 10,000 is transferred to the estate account.

I want to disclaim the xyz account for myself, but the remainder of the estate

should still get distributed according to the intestate rules.

How do I properly formulate this so that it is accepted by... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 28, 2018

It's probably worth a few hundred dollars to have a lawyer draft it for you, but there is a probate form that depends on the date of the decedent's demise. You'll need to specify the account involved in a sufficiently precise manner, and that's where the lawyer comes in.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for District of Columbia on
Q: Can I take my aunt to court for a equal share of the sale of the house and bank accounts?

...

Mark Oakley
Mark Oakley answered on Feb 13, 2018

Not enough facts to answer this question. What gives you the right to claim an interest in "the sale of the house and bank accounts"? Were you named in a will by the deceased owner of these assets as an heir or legatee? Is your name on the title to these assets? If so, you will need to explain... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: If some will a house to you and it has to go through probate will the judge put the house in your name?

And if not how much will it cost to get the house in your name?

Richard Sternberg
Richard Sternberg answered on Jan 18, 2018

No. The judge will have nothing to do with the sale if the decedent passed after 1995, and the court’s only role for decedents who passed from 1995-1981 was to approve the sale. The personal representative (PR) handles the re-titling or sale, and, in most cases, the easiest way to afford all of... Read more »

1 Answer | Asked in Family Law and Probate for District of Columbia on
Q: Submitting questions to the probate office of Superior Court of DC for my mom's estate

I have asked the personal representative on several occasions for an update on my mother's estate and have received no information. I want to submit my questions to the probate office of Superior Court of DC, is there a form to complete with the questions or can I just submit them in a Word format?

Kevin E. Flynn
Kevin E. Flynn answered on Nov 6, 2017

Your question was linked to the patents/invention section by accident. You may want to remove Patents from the topic list. Best of luck on your probate issue.

Kevin

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease

I am an adult only child and through recent estate planning have been named Executor to my parents' estate. My parents are elderly and vulnerable. My father has Alzheimer's disease. My 80-year old aunt has invited herself to visit to take care of my mother during her recovery from surgery in a... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 28, 2017

If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: To re-open probate what is bond or waiver of bond? What is certificate showing service on interested persons?
Richard Sternberg
Richard Sternberg answered on Aug 28, 2017

The certificate is a form that you prepare. Whether you are eligible to waive bond, and whether you qualify for bond are complex questions depending on whether or not there is a Will, whether the Will waives bond, and/or whether the Interested Persons each signs a proper waiver of bond or you... Read more »

3 Answers | Asked in Criminal Law and Probate for District of Columbia on
Q: My 12 years old involved in painting other people property's, and he witnessed his friends setting something on fire.

We are going to have a meeting at detention center I don't know what's going to happen and do I need a lawyer

Richard Sternberg
Richard Sternberg answered on Jun 25, 2017

Yes.

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1 Answer | Asked in Estate Planning and Probate for District of Columbia on
Q: My dad was a resident of NC; however, he died testate in DC. I am trying to obtain his car title, I've paid the lien
Richard Sternberg
Richard Sternberg answered on Jun 21, 2017

I don't understand your question, but I can tell you that paying the lien may give you a claim against the estate, but it doesn't give you title to the car. Title to the car will follow the terms of the Will unless other plans were made by your father before he passed. You might ask to buy the car... Read more »

1 Answer | Asked in Probate for District of Columbia on
Q: How long should it take a funeral home to give the family remains and death certificate
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

See: http://www.nolo.com/legal-encyclopedia/burial-cremation-laws-dc.html

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,...
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1 Answer | Asked in Probate for District of Columbia on
Q: If a deceased person is sent a rebate check, is it legal for his heir to deposit or cash it?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 15, 2016

It depends on the terms of the deceased's estate: what does their will or trust say, and how is the executor or administrator of their estate dealing with such issues? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer... Read more »

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