answered on Apr 2, 2023
A will is a relatively simple legal instrument that a reasonably intelligent person ought to be able to prepare on their own without a problem.
Nevertheless, we frequently see situations where a reasonably intelligent person has botched one. I just handled a probate for a man who botched... Read more »
answered on Mar 2, 2023
It is best to refrain from using the vehicle until insurance is secured for the estate and for each person who might be driving it. If anyone drives it and causes an accident, that person would be liable to the estate for all harm to the estate.
answered on Nov 9, 2021
Unless your boyfriend had a will leaving his estate to you, it goes to his next of kin. This is why it is SO important for a single person to have an estate plan.
answered on Feb 10, 2021
When an initial trustee passes, the successor trustee who is next in line automatically succeeds to the role. If there is no successor trustee, then look to see if the trust has a trust protector who can appoint someone to fill the role. Or sometimes the trust allows the income beneficiaries or... Read more »
We found out 3 days prior to closing that she passed that last Sunday. What are our next steps to being able to close on our new house? No children on her side and no husband either. Thank you
answered on Jan 11, 2021
You will need to make a claim against the estate to complete the contract. If nobody opens a probate in a timely fashion, you can hire an attorney to open one yourself. You should talk to a probate attorney right away as this all takes some time and will, unfortunately, delay your closing, so the... Read more »
She put warrants out for my original charges if I explain to judge what happen is it possible not to go to prison on a motion to revoke
answered on Jan 6, 2020
You can't get the warrant withdrawn all by yourself. Call you attorney and approach in court with him to explain yourself. Expect to be drug and alcohol tested, so be clean. Also bring a death certificate and maybe the funeral information for the Judge. Sorry for your loss.
My father was born in Norway. He later moved to the South Dakota and acquired dual citizenship. He died in South Dakota in 2012. His probate has been finalized since then. Not sure how or if that correlates with Norway? We have a mess to deal with as he still has we found out he still has real... Read more »
answered on Oct 11, 2019
A probate needs to be opened in every jurisdiction in which the decedent owned property. The jurisdiction where the decedent lived just before he passed away is the main probate and the others are called ancillary probate. That is one reason why trust based estate planning is superior to Will based... Read more »
He is his only surviving son and has been cooperating with the attorneys whom contacted him about the lawsuit and has done everything the attorneys has asked him to do the lawyers need medical records what can my husband do to get control of his father's estate we live in new Mexico
answered on Sep 13, 2019
Hire a probate attorney where his father lived.
Dan has a business. Does the 28 year have any right to it?
answered on Aug 1, 2017
All of the above potentially. It depends on how much value there is in Probate and who else might be owed money.
The laws of intestacy in the state where "Dan" lived will govern, and most states provide spouse and minor children are first in line, but if there are LEGAL children... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.