Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
They have been given a case number as well. I would really like to keep this an informal probate. The other party is an estranged step father..HELP
answered on May 7, 2024
Unfortunately, unless the estranged stepfather is going to withdraw voluntarily you are going to have to petition the court formally. I suggest that you may need legal counsel to advise you. A demand letter may be the first step to avoid any litigation, but if there is no positive response a formal... View More 
answered on May 6, 2024
Because your sister's probate attorney represents her--not you--you shouldn't expect that attorney to respond to requests from you for information about the estate. Talk directly to your sister. If she refuses to provide you with information, hire your own probate attorney to represent you.
If a former conservatee has been declared competent, then restates their Living Trust, can the court years later on it's own motion appoint a new trustee despite the Trustee's objection?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2024
Under California law, if a former conservatee has been declared competent and has restated their Living Trust, the court generally does not have the authority to appoint a new trustee on its own motion years later, especially if the current trustee objects.
Here are a few key points to... View More
His girlfriend was named beneficiary. Went to lawyer who wanted $5k. She wouldn't pay. My 3 sisters n myself and his church are to evenly divide 50% of his estate but we do not have access to anything. We have never had a good relationship with her. As benefactors, should we be updated on... View More
answered on May 5, 2024
Heirs' rights?
Yes, you actually do have many. The best starting point is duties of an Executrix in PA, which are many, but the overriding drive is that every personal representative of a probate estate is to maximize the value of the Estate for the benefit of creditors and the heirs,... View More
...consists of the assets listed as follows:"
Should all remaining assets listed in the I&A, but not specifically mentioned in the will, be listed as they were originally mentioned in I&A?
Ex: 1. $___ cash from checking account
2. ____ shares of ABC stock... View More
answered on May 5, 2024
When drafting a Petition for Final Distribution, it's essential to accurately represent the remaining assets of the estate and their disposition according to the terms of the will and the Inventory and Appraisement (I&A) filed with the court. Here's how you might handle listing the... View More
...consists of the assets listed as follows:"
Should all remaining assets listed in the I&A, but not specifically mentioned in the will, be listed as they were originally mentioned in I&A?
Ex: 1. $___ cash from checking account
2. ____ shares of ABC stock... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2024
Here are a few key points for the Petition for Final Distribution in this situation:
1. For assets that were specifically mentioned in the will and have not been sold, list them as originally described in the Inventory & Appraisal (I&A).
2. For assets that were in the... View More
"Certain assets were disposed of or changed in form during the administration of the estate. All changes in investments are shown on Attachment ___, attached hereto and made a part hereof by reference."
There are stocks in the inventory. Per the company's request (PLEASE DO A... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2024
Under California law, establishing an estate account and transferring the stocks from the decedent's individual account to the estate account would likely be considered a change in the form of assets. This is because the ownership of the stocks has changed from the decedent to the estate, even... View More
My Father added my name on 2 of his bank accounts so I can write out the checks for him after my Mom passed away, he has now passed away and my Brother is the Executer of the will. Since I am the Joint owner on those 2 accounts, can he access that money? The Will states that he got certain items... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2024
Here's some information based on Connecticut law, but please remember to consult an estate planning attorney for advice on your specific situation:
- Joint Ownership & Right of Survivorship: In Connecticut, joint bank accounts with the right of survivorship are generally presumed... View More
His medical records as his mother. That’s all I need, all he has. Is this necessary and how hard is it
answered on May 2, 2024
First, I am sorry to hear about your loss. As his mother, you may qualify as an heir who can file probate for his estate. If he left no will, you would be the administrator of his intestate estate. If he had a will, you would need to be named as the executor to qualify. Once you are appointed to... View More
I'm a legal heir in my deceased dad’s estate that is currently going through probate in Washington State. Under Washington State law does a legal heir have any legal rights to request from the estate's executor an itimized inventory of the estate's liabilities showing who the... View More
answered on May 1, 2024
Good afternoon,
Yes, it is possible to request an accounting from the the executor (aka "Personal Representative") of the estate under RCW 11.68.065 if your situation meets all of the following criteria:
a) you are a beneficiary with an interest in the estate;
b)... View More
My dad died before I was 1, he wasn't married to my mom, he was a military vet (Master Sergeant) who served from 1941-1967 and died in 1977, I wasn't mentioned in his probate papers,bi was taken from my mom rt after and raised in foster care, I'm his only living relative and I want... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear about your situation. Navigating probate, estate matters, and military records can be complex, especially given the circumstances you described. Here are a few steps you can take to gather more information and seek assistance:
1. Military records: To obtain your... View More
New Mexico only the personal representaive can get bank stmnt
and mecical records I need to get records proof of everything. No probate filed. Quickly disposed of my fathers belonging while Im at burial
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024
I'm sorry to hear about your difficult situation. Dealing with a dishonest co-trustee can be very challenging, especially when it involves multiple states. Here are a few steps you can consider taking:
1. Hire an experienced estate attorney: Given the complexity of your case, involving... View More
My Grandmother had a revocable trust.
And the FIRST information I received a letter
waiver to sign . ( I can go into detail , if it Is private)
I question why only he the trustee and his kids only say waiver comment / (name )
And his sister and her kids say... View More
answered on May 1, 2024
The documents would need to be reviewed by an estate planning and probate attorney because there are a lot of things that can be waived and consented to and done so for various reasons. One of the big things is the naming of a new trustee and or accounting and so forth, in addition, there may a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2024
Dividends are income generated by the stocks. That income is personal property that may be part of a bequest or the residuary estate. It does not go with the stocks unless the stocks go through the residuary estate, or there is a specific bequest in a Will. If no Will, then the next of kin... View More
My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator
answered on Apr 29, 2024
The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More
Is there a time limit?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.
According to California Probate Code Section 16460, if you were not properly notified of the administration of your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
Under California law, if you were not notified of your father's death and the distribution of his estate, you may have the right to make a claim depending on the circumstances. Here are a few key points to consider:
1. Statute of limitations: In California, the statute of limitations... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
answered on May 12, 2024
Thank you for your question!
The facts are very unclear to give you an answer:
Was the husband's (H) inter-spousal transfer before death or after the death of your mother?
Did the H's deed the property from your mother's name to himself or from himself to... View More
Husband hasn't paid the mortgage, and signed an interspousal trans deed. Still haven't started probate but now property is going to auction by the bank. Can my sister and I take over payments? We don't want to lose it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024
I'm sorry to hear about your situation. Under California law, if your mother passed away without a will or trust, her estate, including the property, would need to go through the probate process. Given that your mother's husband signed an interspousal transfer deed, it's likely that... View More
I have already done the Declaration of Small Estate appraisal with a referee. What do I do next if the property is only valued at $41,200.00?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
Here are the steps to follow:
1. Complete the small estate affidavit: Fill out the "Affidavit for Collection of Personal Property" (Form DE-305) and attach the certified copy of the death certificate.
2. Obtain consent from other heirs (if any): If there are other heirs,... View 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.
