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2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I get a court order in CA to give me acting rights on behalf of my deceased daughter?
T. Augustus Claus
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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

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2 Answers | Asked in Estate Planning and Probate for California on
Q: How do I get a court order in CA to give me acting rights on behalf of my deceased daughter?
James L. Arrasmith
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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

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1 Answer | Asked in Probate for South Carolina on
Q: My Mother's Will divided assets between my sister and I but my sister died before my mom. What happens to her portion.
T. Augustus Claus
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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

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: Drawing up our own online will for my mother's estate , if I have it notorized in Pennsylvania will it be valid for Nj.?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Ross Cameron Hart
Ross Cameron Hart
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

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3 Answers | Asked in Probate for Virginia on
Q: Can the estate be responsible for the medical bills of the decedent ?

As the husband of the decedent, I am the only person in the estate.

Dominic Paul Lascara
Dominic Paul Lascara
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.

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2 Answers | Asked in Probate for Florida on
Q: Should I get a fl attorney during probate in Missouri.?

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

Phillip William Gunthert
Phillip William Gunthert
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

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1 Answer | Asked in Family Law, Banking, Municipal Law and Probate for Oregon on
Q: After losing my dad last year I have not been able to access money he left cause the bank wants more information

I provided my soc.

PhotoID

And other bank account

Offered my birth certificate

James L. Arrasmith
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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...
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1 Answer | Asked in Civil Rights, Elder Law, Federal Crimes and Probate for Georgia on
Q: A will was legally filed in probate, and the daughter was also the executor and. Inherent: why wasn't her name changed?

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

James L. Arrasmith
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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

2 Answers | Asked in Probate for California on
Q: t I must be must be missing something somewhere..what makes a hollographic will admissable to probate.

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

James L. Arrasmith
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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

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2 Answers | Asked in Probate for California on
Q: t I must be must be missing something somewhere..what makes a hollographic will admissable to probate.

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

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Probate and Estate Planning for California on
Q: My dad died, and my stepmother won't give me my family heirlooms that he promised me countless times.

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

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

Phillip William Gunthert
Phillip William Gunthert
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

1 Answer | Asked in Probate for Michigan on
Q: An attorney was hired by a proposed PR, someone else was elected PR. Does the estate have to pay the attorney fees?

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

Kenneth V Zichi
Kenneth V Zichi
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...
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1 Answer | Asked in Probate for Alabama on
Q: How long does the court appointed lawyer as executor have to settle the estate of the deceased?
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: If my father has 3 children and leaves his will only to 1. Then states the other 2 don’t get anything. Can they fight?

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?

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning, Family Law and Probate for California on
Q: what can i do if a will has been filed by a non family member?
James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for California on
Q: Estate inheritance car with a loan i want to buy it dose estate account pay the balance and I pay my 2 sisters what th

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

James L. Arrasmith
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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

1 Answer | Asked in Probate for California on
Q: Is an addendum or amended petition in a probate case need to be served by a process server

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

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Massachusetts on
Q: I lived with my partner, for over three years ,he came down. with stage 4 cancer . can I go after the estate .

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

T. Augustus Claus
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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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