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Probate Questions & Answers
1 Answer | Asked in Probate for Massachusetts on
Q: Is a creditor required to file a claim against an estate with the probate court?

My brother passed away 13 months ago with over 20 different debt accounts including loans, credit cards and medical bills. I assume that the estate will be solvent, although I am still not clear about taxes from previous years (final returns have already been completed) and just recently filed... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on May 10, 2022

If there is not already a lien or automatic lien , then the creditors who failed to properly perfect their claims by following the statute within one year from the date of death are out of luck.

1 Answer | Asked in Estate Planning and Probate for South Carolina on
Q: Can executor retain property that was sold prior to death, that was never in deceased name, as marital property.

I have bill of sale for property contents were owned my me, which executor said I forged however court found me not guilty.

Executor stated he had property in side outside storage building but does not.

Hes basically stolen my livelihood using probate court.

Anthony M. Avery
Anthony M. Avery answered on May 10, 2022

It appears that you have already lost your Case. You might hire an attorney to file an Appeal, but you must act quickly, and the personal property may not be worth it.

1 Answer | Asked in Probate for Texas on
Q: Do I need to have husband’s will probated?

He died 8-15-21 and did have a will, leaving everything to me. I have ownership of our mobile home, but the land is in this name. I was told by Bell Co. tax office I need to have land in my name. Do I have to have will probated to accomplish this?

Isaac Shutt
Isaac Shutt answered on May 10, 2022

Yes, you'll need a probate attorney to help you with probating the will. You may be able to do the lesser expensive version of probate called "Muniment of Title", if all you're transferring is the land.

1 Answer | Asked in Criminal Law and Probate for Georgia on
Q: Can I be convicted for flee and illuding motor vehicle with no video no
Jermario L Davis
Jermario L Davis answered on May 10, 2022

Yes. Evidence can be admitted by way of video or verbal testimony. Therefore, the officers involved in the traffic stop could simply testify to what took place (what they observed) and it would be up to the judge or jury to determine if that verbal testimony is credible. As you might imagine,... Read more »

1 Answer | Asked in Probate for Georgia on
Q: I sent a letter to the Butts County Probate Judge informing her that due to health reasons as well as fear of a family

Member I could not keep making the 1200 mile trip back and forth to decide what I could or could not have in my mothers estate. She has sent me a bill for $60.50 to file it . is that normal? She has made it obvious that she sides with my Crooked brothers that have stole my mothers property . And... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 9, 2022

After researching it, I note that Butts County is in Georgia, not Florida. Whether it is appropriate for the judge to charge you to file your letter. You should ask your question in Justia > Ask a Lawyer > Georgia; it is not a Florida question.

3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Elaine Shay
Elaine Shay answered on May 9, 2022

Basically that depends on two factors -- how title to the property is held and whether your mother has a will.

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3 Answers | Asked in Estate Planning and Probate for New York on
Q: My mother and step-father (who are residents of NYS)own valuable real estate. If my mom passes away, do I have any

claim to her share of the property?

Gary Krim
Gary Krim answered on May 9, 2022

It depends on a number of things:

1. What title on the property is - if you are on title then you have a claim to at least part of the property

2. Does you mother have a Will naming you a beneficiary - if there is a Will and you are not named as a beneficiary then assuming the Will...
Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: If my (now-deceased) mother has a will, but her estate is worth less than 10K, can we do "small probate."
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 8, 2022

You don't have to worry about doing small probate because she died with the will, just have executor file the will with the local county probate office. Luckily when you die having a will the probate process is much easier, even a simpler procedure than with "small probate". Using... Read more »

1 Answer | Asked in Family Law and Probate for Alabama on
Q: i am illigitamate first born Son. Father died 3/2018. last will and test. made NO mention of me in LWT. 1000+acrs

i need help fighting for my share

Bettie Carmack
Bettie Carmack answered on May 8, 2022

Claims against the estate generally have to be filed within 6 months of when the Letters of Administration were issued or the estate published for heirs claims. It is suggested you hire a probate attorney to determine when the estate was opened for probate.

1 Answer | Asked in Probate for Illinois on
Q: My dad passed away without a will he was a famous photographer. Who would get his copy right me his daughter or my uncle

We are fighting over the copy right. I have his dna but he never knew me he was my dad. He was madly in love with my mother. My uncle and my mother have stated after dna test that he is my father… he lived in California. San Jose. Also who would get his life insurance?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on May 8, 2022

This is actually a probate question, not a copyright question. You should consult a probate attorney in California.

Without a will or trust, the law of "intestate succession" governs who inherits. California is a "community property" state., so all the decedent's...
Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My cousin passed with no will in place. She did not have children and her spouse passed years before she did.

I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.

Phillip William Gunthert
Phillip William Gunthert answered on May 8, 2022

I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... Read more »

2 Answers | Asked in Estate Planning and Probate for Maryland on
Q: My mother passed away April 10th in Maryland

My mother passed away April 10th, I went to the court and found out that she had a Will. Looking at the Will I noticed that I was not listed at all on the WILL and as being her only child I found that odd. when she became sick she made her friend her POA, she felt she was able to be there for her.... Read more »

Richard Sternberg
Richard Sternberg answered on May 7, 2022

Of course you can challenge the Will. It is not an easy process, but if there was undue influence, lack of capacity, or the signature isn't genuine, those are all grounds to caveat the Will. You will have no chance of success without legal counsel, and you will almost surely need to pay... Read more »

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2 Answers | Asked in Estate Planning and Probate for Virginia on
Q: My stepsister sold house that my dad and her mom owned together without permission from her stepsiblings. No will. Ok?

Dad died in 12/2020 and her mom died early 2022. To my knowledge neither had a will. They live in Virginia.

Richard Sternberg
Richard Sternberg answered on May 7, 2022

You might want a consultation with a Virginia lawyer to review the matter, but if the house was owned by dad and step-mom by entireties, and dad died first, the house belonged solely to step-mom when she died. I would think in a second marriage, the parties would title their home better, use a... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Transfer of real property, intestate estate. 2 of the 6 heirs hope to take over the property, all heirs agree. What now?

I am the personal representative and heir for my father's intestate estate in CA. In regards to my father's real property valued over $166k, the property rights, to my understanding, defaults to be equally divided between his 6 children (heirs). There is an existing mortgage on the... Read more »

Gina B Leguria
Gina B Leguria answered on May 6, 2022

It all depends on who is on the deed. This sounds like a probate case and you should consult with an attorney.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Transfer of real property, intestate estate. 2 of the 6 heirs hope to take over the property, all heirs agree. What now?

I am the personal representative and heir for my father's intestate estate in CA. In regards to my father's real property valued over $166k, the property rights, to my understanding, defaults to be equally divided between his 6 children (heirs). There is an existing mortgage on the... Read more »

James Edward Berge
James Edward Berge answered on May 6, 2022

I agree with Gina. It sounds like you will need to file a petition for probate and ask for the appointment of an estate administrator before you try to refinance the property, and the six of you should be able to agree on whatever you want provided it’s in writing and your settlement agreement... Read more »

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1 Answer | Asked in Probate for Mississippi on
Q: How can I find probate documents for my deceased mother who passed away November 6 2020
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on May 5, 2022

Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My father passed away yesterday without having a will. He Don’t have any property or land he only has $1200 in an accoun

He died without any insurance I was trying to get the money to go toward his funeral expenses. I’m his biological son

Anthony M. Avery
Anthony M. Avery answered on May 5, 2022

You can check to see who are the authorized signatories on the account with the Bank. But if he owned it individually, noone else has access to it right now. Sometimes a Bank will consider an Affidavit of Heirship as evidence of the Next Of Kin entitled to the personal property. Otherwise you... Read more »

1 Answer | Asked in Collections, Estate Planning and Probate for Washington on
Q: I am the creditor to a court ordered instalment plan where the debtor has died. Most likely no will

His partner at time of debts til present, knew he was borrowing money from me and also benefited from it. She also helped in lying about his living arrangements and conditions of bail for his 5criminal charges dealing with a minor. How do I collect this debt?

Keith Armstrong
Keith Armstrong answered on May 4, 2022

Creditor, you may want to make a claim against the estate of the debtor and send written notice to the surviving partner. If the debt was in the company capacity, then the company should be responsible for paying. If the debt was made in his personal capacity, then his estate should pay for the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: In California after death of spouse and court has approved spousal property order for real estate do I now need a deed?

If so what type and what is procedure? Thanks

Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon answered on May 4, 2022

Based on your question, I would have to assume that the property was owned solely by spouse and there was no living trust or transfer on death deed. And I also would have to assume that you had to go to the court to petition for probate and the court decided that the property passes solely to you.... Read more »

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2 Answers | Asked in Probate for New York on
Q: My mother has a will filed in Erie county ny She has passed away in a nursing home . She has no outstanding debt of any

Kind .all she has is a small joint checking account of 13,000 dollars. It is in her name and my name her daughter and I am executor of her will . Do I need to file probate or can I just close the joint account with proof of her death . There is no home or property or assets of any other kind . Ty... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 4, 2022

If you are a joint owner it is your account as much as it was hers. No need to probate her will.

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