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Probate Questions & Answers
1 Answer | Asked in Probate for Kentucky on
Q: How many days after a signed (affidavit of transfer of assets without administration) take to be completed?

After being filed thru the court system.

Timothy Denison
Timothy Denison
answered on Jun 15, 2022

Varies by court but generally shouldn’t be more than 2-3 weeks.

2 Answers | Asked in Estate Planning and Probate for California on
Q: My brother passed away on Sunday. He left a handwritten, holographic will that was signed and dated.

He was also a lawyer so I’m not to worried about the validity of his will. My mother is making it seem that because she is next of kin that everything goes through her. But he wanted her to have nothing. It says it in the will. An executor was named. He left everything to me and my brother. My... Read more »

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 15, 2022

Sorry for your loss. Your question is posted in the California law section, and this answer only applies in California. Whoever has the will must "lodge" it with the Superior Court in the county where your brother was a resident at the time of his death. Consult with a probate... Read more »

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2 Answers | Asked in Personal Injury and Probate for Florida on
Q: My minor son has been awarded a lawsuit I need help

Minor son attack by a dog almost lost his arm A structured lawsuit being put in a trust fund signed deal and delivered by a judge lawyer is telling me to wait on a 3rd party to release the fund to get the allotted monies to me for out of pocket expenses to help my son get his arm back functioning... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2022

Yes, it is possible for there to exist a situation where there is a wait for settlement funds to be disbursed, but it sounds like you are having some kind of communication problem with your attorney. You should be able to fully understand what the status of the settlement distribution is and the... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Arizona on
Q: My son died without a will. I am the heir. Can I quit claim the house to his partner after it is quit claimed to me.

My son's last wish (no will) was that his partner own the home they lived in. Being the heir (his mother), with him having with no children or wife, the home will be quit claimed to me. I wish to quit claim it to his partner asap. Can I do this or will she have to be approved through the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 15, 2022

As with so many things, there are many issues to consider. Yes, once you are the owner you can quitclaim the property to anybody you want. You should talk to your CPA about whether this will trigger a gift tax for you. Most likely it will not, but that is an issue to pin down. And, yes, there... Read more »

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: How do I go about getting a copy of my father's will in Tennessee?

I believe my brother overlooked an entry.

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

You will have to ask your father for a copy. He is the only one that has the authority to release the original or copy of his will, for as long as he is alive.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: An Alaska lawyer "forgot" to mail me the $13K trust check from sale of my father's land. Can I file a complaint?

This was excess funds from his land being sold to pay back taxes. I had to hire the lawyer to set me up as executor. His fee came out of the excess funds and he was to then send me a check of the remaining. It had been two weeks since he said the check would be mailed. When I inquired, he said the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 14, 2022

That is possibly embezzlement or conversion by the lawyer entrusted with the sale proceeds. You should report him to the Alaska Bar. Check the internet for the regulatory agency, or call the

Governor's Office for assistance. That kind of stealing makes all real lawyers look bad.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Mississippi on
Q: Why does my sister have to pay a lawyer to get my deceased mother's house in her name?

My mother died from a terminal illness. After mom passed away my sister said she didn't leave a will but later on she said she found a will and mom had left me her car . I also asked her about my mom's bank account cause the hospital just gave my sister my mom's debit card, she said... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 14, 2022

This does not sound at all like you are being played. When a person dies, everything he or she owned in his or her individual name (with no beneficiary designations) must go through a legal process called probate in order to get those things transferred to the intestate heirs (no will) or... Read more »

1 Answer | Asked in Probate for South Carolina on
Q: My son passed away in December of 2021. I am the administrator over the estate. My daughter has sold all of his persona

Sold all his personal property worth 116,000 dollars. How do I get it back. The estate has not been through probate yet

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

That is a terrible situation. I am sorry to hear you are going through this. Unfortunately, you probably cannot get the personal property back from any of the buyers unless you can find them and can prove that they knew or should have known that your daughter did not have authority to sell the... Read more »

1 Answer | Asked in Probate and Estate Planning on
Q: Can the original property owner, being of sound mind and judgement, void, terminate or amend, transfer of deed form?

My daughter passed away. I would like to remove my grand daughters name from the transfer of deed document and keep "only my natural born son and caregiver", as the only and sole beneficiary.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 14, 2022

It sound like you might be referring to a transfer on death deed that you have previously recorded and now you want to change it. In most states that can be done simply by recording a new transfer on death deed. The new one automatically revokes the old one. But you did not say what state this... Read more »

1 Answer | Asked in Probate for Florida on
Q: I am owed money by an individual who passed away the probate attorney told me that I needed to create a creditors claim

But the same lawyer also told me that the company who bought the business that I loaned the money to had filed for me. My question is should I file again on my own behalf

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2022

You need to speak with your own attorney. And don't take the word of the estate's attorney without also getting copies of the pertinent documents.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: How do I get unclaimed assets that are pertained to me. I have lost my entire family over a 3 year span

I am from fort worth, and the unclaimed assets are there. However I am currently in tulsa Oklahoma

Isaac Shutt
Isaac Shutt
answered on Jun 13, 2022

It depends on the value of the unclaimed property. If the unclaimed property is just some money that has been deposited with the Texas Unclaimed Funds Registry and it's not very much, you can file a claim directly with the State of Texas Unclaimed Funds Registry.

If it's other...
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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can an administrator decide how much to give an heir?
Joseph E. Cheeley, III
Joseph E. Cheeley, III PRO label
answered on Jun 11, 2022

No, the administrator must distribute the estate in accordance with the law or order of the court.

1 Answer | Asked in Probate for New Mexico on
Q: IF My sibling and myself, are both listed as beneficiarys and the will says my siblings name and uses the word (and)and

Then Says my name does that mean that she inherits the estate then when she passes it goes to me

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 11, 2022

Your question cannot be answered without reviewing the actual language of the will, but most likely you and your sister will inherit equal shares.

1 Answer | Asked in Probate for Missouri on
Q: 1, I misosuri can I represent. Mt 17 year old daughter in a probate case? MO law on time of marriage in order to b a hei

My 17 years Olds father passed awY n February is his new wife of 45 days still a hekr?

Lloyd M. Nolan
Lloyd M. Nolan
answered on Jun 10, 2022

Yes, his new wife is entitled to inherit, unless a will or estate planning devise provides otherwise, despite the short duration of their marriage. SInce you have children, the wife is entitled to one half the intestate estate and his children are entitled to inherit the other half. I assume that... Read more »

1 Answer | Asked in Estate Planning, Family Law, Energy, Oil and Gas and Probate for Alabama on
Q: My mother passed away in 2016. My father was the executor of her estate. She inherited oil leases in a few states from

her parents. My father didn't transfer them over to his name. He passed in 2019. I am the executor to his estate. Problem is, she passed in Alabama and I am a resident of Virginia. We had to get a 3rd party resident of AL to handle the transfers of the oil leases to a LLC for my sister and... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 10, 2022

I assume that there's an attorney involved with your mother's estate? if so, speak to that attorney. if you have issues with him, then consult with another probate attorney and seek what is recommended.

1 Answer | Asked in Probate for Tennessee on
Q: If real estate is passed in probate from a pour-over will to a rev trust, do the beneficiaries still get step-up basis?

If so, I assume you have to first deed it to the trust and then deed it to the beneficiaries before selling, correct?

Thanks!

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 9, 2022

The answers to your questions are yes and yes.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I Remarried my ex-wife. Does the will we had from our first marriage remain in effect ?
Scott D Reiner
Scott D Reiner
answered on Jun 8, 2022

The effect divorce has on an existing will is to read the spouse out of the will. There may be some ambiguity though as, while the law provides for reading-out, it also provides for reading-in in the event of a marriage after an existing will (e.g. unless new will made after marriage that excludes... Read more »

2 Answers | Asked in Probate for New York on
Q: MY FATHER PASSED AWAY AND LEFT HIS ESTATE TO HIS WIFE AND 4 OF HIS CHILDREN. AFTER HIS DEATH THE WIFE CHANGED THE WILL.

SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 8, 2022

Your father's wife has no authority to change the plan of distribution for your father's estate except as to the share she inherited.

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2 Answers | Asked in Probate for New York on
Q: MY FATHER PASSED AWAY AND LEFT HIS ESTATE TO HIS WIFE AND 4 OF HIS CHILDREN. AFTER HIS DEATH THE WIFE CHANGED THE WILL.

SHE made a will leaving my dads estate and a settlement from his job to her adopted daughter and boyfriend. is this legal. I am the Executor and oldest daughter, what are my rights

Gary Krim
Gary Krim
answered on Jun 8, 2022

To best answer your question one would have to read your father's Will. For example, if your father's Will created a trust for your father's wife funded by all his assets with her getting the income for life and on her death, the assets pass to you and your siblings, then it is... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: My Father passed away in 2020. The Estate Exemption for that year was $11.58 million. It was a small estate so it was

not used. Can the Estate Exemption be transferred to the heirs? What can be done?

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 7, 2022

It can only be transferred to a spouse. Also, it must be done within a short window of time.

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