Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
answered on Feb 6, 2024
In California, to obtain acting rights on behalf of your deceased daughter, you would typically need to go through the probate court process to be appointed as the administrator or executor of her estate. This involves filing a petition for probate in the county where your daughter lived at the... View More
answered on Feb 22, 2024
To obtain a court order in California that grants you the rights to act on behalf of your deceased daughter, you would typically start by initiating a probate case if her estate requires it, or by applying for a specific order related to her assets or affairs. This process is often necessary to... View More
answered on Feb 6, 2024
In South Carolina, if a beneficiary named in a will dies before the testator (the person who made the will), the disposition of the deceased beneficiary's share depends on the specific terms of the will and state law. Typically, wills include provisions for what happens if a beneficiary... View More
answered on Feb 6, 2024
Pursuant to New Jersey statutory law, S.A, 3B:3-2B, a holographic Will, e.g., one handwritten by the decedent, even unsigned (the handwriting of the decedent of the context of the Will may be good enough), can be admitted to probate in NJ, regardless of the location of its drafting. But there are... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Handling of estates is a lot more technical than most people think, and you should consult an experienced probate attorney to review the estate and advise you. If there is no estate under administration (through the court system) you - as an individual - are generally not responsible for the... View More
As the husband of the decedent, I am the only person in the estate.
answered on Feb 6, 2024
Generally speaking, the Executor or the Administrator of a decedent's estate is responsible for the debts of the estate, assuming the estate has sufficient assets to pay the claims. Virginia Code Section 64.2-528 provides the order of priority when paying debts.
I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More
answered on Feb 6, 2024
I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this... View More
I provided my soc.
PhotoID
And other bank account
Offered my birth certificate
answered on Feb 5, 2024
I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:
- Request a written list... View More
The inherent name was not changed from the deceased to the legal person. It was not recorded, nor did the money on the loan was reported to the credit bureau. The mortgage company and Fannie Mae illegally to the home. There are documents to prove it. It was also racially motivated, and a lot of... View More
answered on Feb 5, 2024
When a will is probated and an individual is appointed as the executor and beneficiary, the legal transfer of property, including changes to titles and accounts, requires specific actions to be taken. The failure to change the property title from the deceased to the beneficiary can result from... View More
the wills shocking..and not written by testator but someone else..expert determined this..why was it permitted to progress? Attorneys hava a moral duty to uphold the law right..why would they represent a pleading without merit? confusing wheres the catch in this? thanks
answered on Feb 5, 2024
In California, a holographic will is generally admissible to probate if it is in the handwriting of the testator, dated, and signed by the testator. These criteria help ensure the authenticity of the document as the true wishes of the deceased. However, the scenario you described involves a will... View More
the wills shocking..and not written by testator but someone else..expert determined this..why was it permitted to progress? Attorneys hava a moral duty to uphold the law right..why would they represent a pleading without merit? confusing wheres the catch in this? thanks
answered on Feb 5, 2024
For a holographic will to be valid in California (and in most other states where they are accepted), it must be written entirely in the testator's handwriting and be signed by testator. It can still be challenged if the testator was of unsound mind or under pressure from someone else.... View More
My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always... View More
answered on Feb 5, 2024
Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent... View More
My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More
answered on Feb 5, 2024
I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More
The attorney has made a claim against the estate, provided a brief description, no billing, no agreement, was not hired by the PR of the estate. Did not assist the PR of the estate. The PR appointed has not used anything from the attorney. What can be done to fight the attorney fees? What type of... View More
answered on Feb 5, 2024
Assuming the PR has an attorney (and if they don't they SHOULD!) the attorney hired can respond to the claim.
There are deadlines for responding to a claim so be sure you adhere to those deadlines and if you don't already have an attorney get one ASAP to insure you have time to... View More
answered on Feb 4, 2024
The duration for settling an estate when a court appoints a lawyer as executor in Alabama can vary widely based on the complexity of the estate, the assets involved, and any potential disputes among beneficiaries or creditors. There is no fixed timeframe mandated by law. However, it's... View More
There’s 3 children but father left the will only to 1. This was approved by a lawyer. Can the other 2 children still fight to claim some of the will?
answered on Feb 4, 2024
In this situation, it's important to understand that the validity of a will and the rights of the children may vary depending on the laws of the jurisdiction in question, which, in this case, is Puerto Rico. In general, a person has the right to create a will and leave their assets to whomever... View More
answered on Feb 4, 2024
Under California law, if a will has been filed by a non-family member, and you have concerns or believe that the will does not accurately reflect the decedent's intentions, you have the right to contest the will. To do this, you must have legal standing, meaning you would have been entitled to... View More
Their share of profits from selling it would of been or am I supposed to pay the loan balance and there shares of what profit would of been
answered on Feb 3, 2024
Under California law, when you inherit a car with an outstanding loan and wish to buy it out of the estate, the handling of the loan and payment to your siblings typically depends on the estate's financial situation and the instructions in the will, if any. Generally, the estate is responsible... View More
I recently filed a petition in Riverside Superior Court against my recently deceased father's 3rd wife, whom decided that she would not follow the estate documents, I found out today that she went to Texas, stated there was no will and changed the deed on my father and her property in TX.... View More
answered on Feb 3, 2024
Under California law, when filing an addendum or amended petition in a probate case, you are generally required to serve the documents to all interested parties. Serving documents in a legal case is a critical step to ensure that all parties are informed and have the opportunity to respond. While a... View More
my partner wanted me to have money to move on when he passed ,he left instructions with his only son to take care of me i had 3 months to move out ,which i did. know he want honor his fathers wishes ,he dyed in my arms in his home like he wanted and I have no closer ,can I go after his estate ,I... View More
answered on Feb 2, 2024
In Massachusetts, if you were in a committed relationship with your partner for over three years and he expressed his intention for you to be taken care of after his passing, you may have legal grounds to pursue a claim against his estate. However, the success of such a claim would depend on... View More
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