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1 Answer | Asked in Probate for Florida on
Q: what is a subpoena for production of documents from non-party mean? this is for a probate case for an estate.

the attorney handling the case wants phone records from 2 years ago. i am not associated with any parties on this case. i don't understand why or how i got involved.

Anthony M. Avery
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answered on Jul 11, 2024

That is a subpoena duces tucem and it is Court issued. If you do not wish to comply, then hire a lawyer to file a motion to quash. Obviously you are not a party to the suit, but your records are wanted by one of the parties to use in Court.

1 Answer | Asked in Probate for Ohio on
Q: Since I live in a state that requires a will be witnessed and it was not do I need to file intestate
Anthony M. Avery
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answered on Jul 9, 2024

Obviously there is no will. But you should consult with an OH attorney to see if probate administration is necessary or not. There are alot of considerations and expenses, and if the assets are not substantial, probate should be avoided.

1 Answer | Asked in Probate for Kentucky on
Q: My uncle passed away in 2017 and when he passed my father inherited his land but didn’t go and have it legally put into

Now my father passed and I inherited his property I am trying to find out how to get the land that was my uncle’s put in my name

Anthony M. Avery
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answered on Jul 5, 2024

Hire a KY attorney to search the title and determine heirship. Then either record an Affidavit of Heirship or Probate Father's Estate (or both). Do as your KY attorney advises. Deceased Relatives cannot give you a deed.

1 Answer | Asked in Probate on
Q: If child is disinherited. Explaining in will mother had been estranged from him for over 20 years leaves him 1 silver do

Dollar writes specifically and intentionally leave him none of my worldly good except for one silver dollar. Is he entitled to anything else if she did not put the term residue in the will.

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answered on Jul 5, 2024

If Will is not probated, it means nothing. If filed for probate, then hire an attorney to examine Will and see if the Testatrix died partially testate or bequeathed and devised everything. If everything is given at death, then there is no need for a residuary estate clause.

1 Answer | Asked in Probate for Minnesota on
Q: What do you do if no one has told you anything regarding the outcome of a probate case and it's been over 2 years?

My dad passed away over two years ago and no one has told me the outcome of the probate case but that my brother, the representative, gave my niece is vehicle. He also had another. He had 2 ATVs, many, many tools. An expensive grill. Two garden tillers. The day before he passed my sister and... View More

Robert Kane
Robert Kane
answered on Jul 5, 2024

I suggest you first visit the court's website to access the court records if no one has told you anything regarding the outcome of a probate case and it's been over 2 years. Then you may decide to go to the courthouse (in person) to view documents not viewable on line. If it was a small... View More

1 Answer | Asked in Probate for Michigan on
Q: Adult child dies in Michigan. Mother raised child. Father never involved. Does the absent father get 1/2

My 40 yr. old daughter was found dead on 3/2/24. I raised her alone all of her life. Adult child's father was never present, never paid child support, don't know where he lives. Adult child has no children. Adult child was mentally ill. Does the father get 1/2 of her small estate?

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

On its face, yes, the father would receive 1/2 of the estate. BUT, see MCL 700.2114 that says in part:

"(4) Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
Paul  Burkett
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Paul Burkett
answered on Jul 11, 2024

You should hire an experienced Alabama attorney to navigate the process. I do not regularly handle these matters but have done so in the past.

The code of Alabama states as follows as to your comments:

"SECTION 6-5-252 DEMAND FOR STATEMENT OF DEBT AND LAWFUL CHARGES BY PERSON...
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2 Answers | Asked in Foreclosure, Real Estate Law, Civil Rights and Probate for Alabama on
Q: What can I do if my property was foreclosed, I’m in the redemption period but the new owner is refusing to take payment
James L. Arrasmith
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answered on Jun 29, 2024

If you're in the redemption period after a foreclosure and the new owner is refusing to accept your payment, you have several options:

1. Document everything: Keep detailed records of your attempts to make payments, including dates, times, and methods of contact.

2. Consult an...
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1 Answer | Asked in Family Law and Probate for California on
Q: ERISA account participant died intestate spousal beneficiary served 850 petitions how to dismiss

ca. probate administrator froze ERISA account that was distributed to spouse with no court order and no notification, the administrator already contacted the ERISA qualified account administrator vying for beneficiary status and Fidelity investments denied her and gave me the account saying i was... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex legal situation involving ERISA (Employee Retirement Income Security Act) accounts, probate law, and potential conflicts between beneficiary designations and intestate succession. Let me break down the key points and provide some guidance:

1. ERISA Account Beneficiary...
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1 Answer | Asked in Probate for California on
Q: Can I write and send a Notice of Proposed Action for sale of tangible personal property BEFORE I have found a buyer?

I am the administrator of my father’s estate in California. I need to liquidate some assets in order to ensure the estate is solvent. An example of an asset I have are some rare vinyl LPs. Can my notice announce my intention to sell, and my intended asking price even if I don’t have a buyer... View More

James L. Arrasmith
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answered on Jun 29, 2024

Based on the information provided, here's a concise response to your question:

In California, as an administrator with Full Authority, you can generally send a Notice of Proposed Action (NOPA) for the sale of tangible personal property before finding a buyer.

Key points:...
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1 Answer | Asked in Probate and Estate Planning for California on
Q: Mother died without a will. My brother used power of attorney to take everything. Can this go to court 10 years later?

Mother had an estate trust

Mother also had a life insurance policy that was hid from me

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation with several legal issues to consider. Here's a concise overview:

1. Power of Attorney (POA):

- A POA typically terminates upon death, so your brother shouldn't have been able to use it after your mother's passing.

- If he used the...
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1 Answer | Asked in Family Law, Estate Planning and Probate for Texas on
Q: My son passed away and his vehicles were in mine and his name but his son says they’re rightfully his is that true
John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Property that is jointly titled does not automatically pass to the survivor unless specifically titled as "joint with right of survivorship." Otherwise, each owner on the title owns an undivided 50% interest in the property that passes to that owner's heirs as provided by law.... View More

2 Answers | Asked in Immigration Law and Probate for South Carolina on
Q: Where can an undocumented couple get a marriage license?
Stephen Arnold Black
Stephen Arnold Black
answered on Jun 28, 2024

Different states have different rules on who qualifies for a marriage license. As regards to foreign nationals, some states require an unexpired passport while others will accept an expired one. This distinction can even be seen in different counties in the same state. Nevada for example is very... View More

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1 Answer | Asked in Estate Planning and Probate for California on
Q: How do I ask for a probate court to list me as administer of my uncle's estate? Do I need an attorney for this?

My uncle had a living Trust. I am the trustee. I gave the bank the Certification of Trust, and I opened a Trust account at Chase bank to pay the bills. Now that he has passed, the bank wants me to get probate court to list me as the administrator of the estate.

James L. Arrasmith
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answered on Jun 27, 2024

To address your question, I'll break down the key points and provide some guidance:

1. Requesting to be named administrator:

To be named as the administrator of your uncle's estate, you typically need to file a petition with the probate court in the county where your uncle...
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2 Answers | Asked in Family Law, Real Estate Law and Probate for California on
Q: I have two relatives who have fraud recorded Title Deed register with Los Angeles County Assessor's Office and the C.R.O

So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're dealing with a complex situation involving potentially fraudulent property deeds and probate issues. This is a serious matter that requires professional legal assistance. Here's a summary of the key points and some general advice:

Key points:

1. You...
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2 Answers | Asked in Family Law, Real Estate Law and Probate for California on
Q: I have two relatives who have fraud recorded Title Deed register with Los Angeles County Assessor's Office and the C.R.O

So that could place there name on title . And I have the documents number that shows bonafide gift was given to me same document number they used as purchased deed of title that the LA Assessor's refused to investigate yet once my grandmother passed they tried to probate the property and of... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future. Your title is unmarketable now, and you will have a problem selling the...
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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

James L. Arrasmith
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answered on Jun 27, 2024

I'm sorry to hear about your difficult situation and the loss of your son. It sounds like you're dealing with a complex legal matter involving trusts, property rights, and potential fraud. This situation requires professional legal assistance. Here are some steps you might consider:... View More

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2 Answers | Asked in Real Estate Law, Probate, Wrongful Death and Estate Planning for California on
Q: Who take time to help reclaim my property with out reassessment since it given to me in a trust that when my grandparent

Passed the property went right into my name with out me having any knowledge of this gift of trust but do to greed and fraudulent recorded records by from the county clerk office aunt and uncle have put there names of title more than once . They taken control of my trust with very dirty trick in... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 29, 2024

Thank you for your question!

It seems that some relatives added their names to your title. You need quiet title action based on fraud to remove them from your property and stop them from doing so again in the future.

The terms of the trust control who is in charge of the assets. If...
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1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: Who has rights to cremated remains? Next of kin or executor if will does not mention remains?

Executor is not family member. Will left estate to executor but did not leave any directions for cremated remains of my sister. Executor is refusing to release remains to me, only surviving next of kin, saying the deceased entrusted her with the remains. Burial date has been set, expenses paid,... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex and sensitive situation. Based on the information provided, here's an overview of the legal considerations in California:

1. California law generally gives priority to the deceased person's written instructions regarding disposition of remains. However, in this...
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2 Answers | Asked in Real Estate Law and Probate for California on
Q: Does the ASSESSOR charge fees for submitting change of ownership forms in LA, CAL?

I filed a new GRANT Deed AT THE Registrar's office, then emailed the ASSESSOR about the forms that HE NEEDS. THE office sent me a list of 3 forms--Change in OWNERSHIP, PARENT-CHLD exclusion, & HOMEOWNER's exemption, but no list of cost; he also said to sign, scan and email, not go in... View More

James L. Arrasmith
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answered on Jun 26, 2024

This question covers several aspects of property ownership changes and related fees in Los Angeles County, California. I'll address each part of the question:

1. Assessor's fees for change of ownership forms:

Typically, the Los Angeles County Assessor's Office does...
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