Lawyers, Answer Questions  & Get Points Log In
Probate Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Probate for Tennessee on
Q: we are needing to do appeal on a probate judgment which happen 2 weeks ago.

We were being sued by my sister which she thought we stole money from my mother when she lived with us. this is not true. we browed money and mom knew about and came up with agreement which this paperwork was not admit in because we did not have anything with us because we did not know at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

If within 30 days of entry of the Judgment, you might file a Rule 59 Motion To Alter or Amend with the Probate Court. Later you might consider an appeal, but first you want the trial court to hear that you actually borrowed money and were paying it back. Hire a competent attorney as you need a... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I went to probate and got a motion to release info signed by judge. Bank wouldn’t take it and said acc under

Legal investigation Can they do that. And what do I do now

Matthew Williams
Matthew Williams answered on Sep 14, 2021

You could file a motion to show cause why they bank should not be held in contempt for violating the court order.

3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Charles David
Charles David answered on Sep 14, 2021

Yes, the deceased sister's children are entitled to money (assuming there is no will directing otherwise). Specifically they will split 20% (their mother's share if she was living).

When someone dies without a will in Florida their estate goes through "intestate...
Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 15, 2021

Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated... Read more »

View More Answers

1 Answer | Asked in Probate for Arizona on
Q: Can you stay inside a house that is going through probate in Mohave county AZ?

My wife grandmother pasted away few days ago and we are looking to move inside her house but don’t want to make a mistake. My wife has a Will from her grandmother which state she is leaving the house to us. We are planning to start the probate process within the next 30 days.

Ilene L McCauley
Ilene L McCauley answered on Sep 14, 2021

I am so sorry for your loss.

A Last Will only has authority after the Last Will is admitted into probate and a Personal Representative is appointed. Find an attorney in Mohave County to help you . After the Last Will is admitted and the Personal Representative is appointed, the attorney...
Read more »

1 Answer | Asked in Probate for Georgia on
Q: I have questions about probating my mothers estate who passed away on April 20, 2021

Mom’s husband is my stepdad when she passed away he is selling all assets pocketing all the money I have one sibling and we are both My mothers biological children thanks

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 13, 2021

If he is selling assets, it sounds like his name is on the accounts along with your mom. Otherwise, he would not be able to sell the assets. Therefore, you need to figure out if his name is no the accounts you are worried about.

2 Answers | Asked in Probate for Arizona on
Q: My mother passed away this year in Maricopa county. Her house has about $144k in equity and I want to buy out 2 brothers

I am the personal rep of her estate. Will I need to do Deed of Distribution and quitclaim deeds for the two brothers? Also, one is in jail so what happens to his part of the buyout and how do I get those forms signed?

Ryan K Hodges
Ryan K Hodges answered on Sep 13, 2021

The buyout can take various forms. The most straightforward version is to buy it from the estate for fair market value. The estate would then later split the money when the time comes.

View More Answers

2 Answers | Asked in Probate for Ohio on
Q: Our attorney in Ohio just sent us a $48,000 bill for settling my brother's estate. looks excessive. do i have recourse?

The estate is around $800,000. It has been over a year and a half and according to him it is still not settled!

Aaron Epling
Aaron Epling answered on Sep 13, 2021

You can't simply base whether the fee is reasonable on the amount of the fee vs. the total estate. Was the executor involved in litigation or any other controversies? Does this court have a local rule allowing the attorney a percentage of the assets? Was the attorney acting as executor?

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My father just passed away, he has 3 daughters. I am the oldest and one is underage. He also had a girlfriend living

With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2021

Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »

1 Answer | Asked in Probate for Michigan on
Q: I want to get a list of donors and endorsements for all probate court judges in michigan. How would I do that?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2021

https://www.michigan.gov/sos/0,4670,7-127-1633_8723_8751-169289--,00.html

Will have the information you want about the donors and expenditures but as who who 'endorsed' a specific candidate, you'll have to look at the local level for each.

This is not going to be an...
Read more »

2 Answers | Asked in Criminal Law and Probate for Kentucky on
Q: Cops pulled me and my friend over because he didn't use a turning single but they were following us from five star

Cops pulled me and my friend over because he didn't use a turning single then follow me up to my apartment and searched but didn't have a warrant and they found 3 meth pipes and meth on a plate and took pictures but didn't arrest me was I charged? What will happen? They had no... Read more »

Leland Hulbert
Leland Hulbert answered on Sep 11, 2021

You need to hire and experienced criminal defense attorney to call the police. Narcotics detectives do this kind of thing all the time they try to shake people down to go after the bigger fish in the drug chain. If you allow them to search your apartment then they can search. If you told them they... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for Wisconsin on
Q: My mother-in-law died 2 weeks ago without a will. Wondering about selling her home & claims from Medicare.

Her spouse is deceased & my spouse is her only living child. Her mobile home has a fair market value of $25K but we will end up selling for $13K & have a willing buyer. The home is paid off & there are literally no other assets. She most likely has up to $10K owed through medicare... Read more »

Thomas B. Burton
Thomas B. Burton answered on Sep 10, 2021

Yes, you are correct you can use the Transfer by Affidavit method to transfer the mobile home if the total probate assets of the deceased subject to administration are less than $50,000. There is a section on the Transfer by Affidavit where you must send notice to the Estate Recovery Program via... Read more »

1 Answer | Asked in Family Law and Probate for Michigan on
Q: I have petitions for full guardian/conservatory of my mother's estate in Wayne County.I live & work in DC I need help!

I was informed by physician at Mama's rehab center to get full guardian/conservatory petitions. After a lot of work and headache, I have both petitions. The problems have not been reduced. An inventory form is due within 56 days. I am on 30 days. Where do I go for help now? Eldercare and... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 10, 2021

Absolutely yes, you need to hire a Wayne County attorney to help.

You should have done that from the start, but it is never too late.

Look here for someone with offices in Wayne County who is familiar with that court's requirements

as they are generally NOT the same...
Read more »

1 Answer | Asked in Probate for Texas on
Q: The question I have is about a probate of of a will
Beth Ann Serafini-Smith
Beth Ann Serafini-Smith answered on Sep 10, 2021

Generally, a Will needs to be probated within four years of the Decedent's death. Until a Will is probated, the named executor in the Will has no powers to administer the estate. The named executor must first qualify to serve as the executor and be appointed as the executor by the Judge. A... Read more »

1 Answer | Asked in Estate Planning and Probate for Maryland on
Q: For the inventory, is a formal appraisal required for motorcycles?

side note: KelleyBlue Book does not provide private party values for motorcycles.

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Use Kelly Blue Book, www.kbb.com, private sale value.

2 Answers | Asked in Probate for Michigan on
Q: Do you recommend to get an attorney to file a probate on a decedent who did not leave a will and have an estate?
Brent T. Geers
Brent T. Geers answered on Sep 9, 2021

Depends. Depends on how comfortable you are completing court forms, researching, and complying with court timelines. Court staff are not allowed to give legal advice, so you would need to do your own due diligence and trust yourself.

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Maryland on
Q: I have received the letters of administration for an estate. The will authorizes me to sell real property.

How long do I have to wait after being appointed as PR to sell real property? Do I need to file anything with the court or notify interested persons of the sale? In addition, decedent also owns a mobile home. Am I required to get a formal appraisal for the mobile home?

Thomas C. Valkenet
Thomas C. Valkenet answered on Sep 9, 2021

There is no waiting time. Once you are appointed as PR your obligations are established by the Statutes and court rules. A PR runs into trouble when they wait too long, allow bad things to happen to the property, let others live in it, don't pay the mortgage, etc. But a PR may sign a contract... Read more »

2 Answers | Asked in Probate for Tennessee on
Q: My mother died 6 years ago leaving me her house. Is there a way to get the deed in my name before the probate complete.

My sister lived in the house here in TN but has since moved to FL. Me and my husband want to renovate it and move in. We need the deed in my name to get the loan for renovations. We were told probate will take up to a year even though my siblings will not contest the will.

Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

What is the question? If the proposed Will is your potential source of title, then that is what you must Probate to get title irregardless how long the process. Be aware there may be Claims and someone has to pay taxes and insurance. And it is usually at least 15 months if a simple Probate.... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can a married man who has been married to his only wife for 60+ years in his will give 100% to theirchildren an not her?

Doesn't the wife already own 50%? Why does she only get a lifetime right on the house? The wife says she had no knowledge of what the will said before his death.

Taylor Silver
Taylor Silver answered on Sep 7, 2021

Provided there is no question that the two were married, at the very least she is likely entitled something called an "elective share" and there may be other issues that protect her interest to probate (or non probate) property.

Probate issues are often complicated looking, but a...
Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: How can I keep my deceased Mother's house from being taken by Medicaid Estate Recovery in Ohio?

My wife, kids, and I live in my Mother's house. She passed away in April 2021 without a will and probate hasn't been started yet. We received a letter from the Ohio Attorney General stating that she owes $74,000 for Medicaid Estate Recovery. I'm assuming they'll put a lien on... Read more »

Aaron Epling
Aaron Epling answered on Sep 7, 2021

This is a very good question. If you are disabled, then you may be able to stay in the house. If not, then another option is to negotiate with Medicaid and they may take a lower amount in exchange for not having to foreclose. Either way, you should probably get an experienced attorney involved who... 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.