Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
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answered on Jan 13, 2024
I'm sorry for your loss. I hope you are coping with that psychologically.
As for picking up your late mother's vehicle from the dealership, here are a few key things to consider:
- The repair bill is likely still due and must be paid. The dealership provided a service and... View More 
How will I know what I am to inherit
answered on Jan 13, 2024
The original will is required to be filed with the Court in the County where the decedent lived. You can look at the will after it is filed and read the provisions. Assuming assets in excess of $100,000 or an estate with real estate (no real estate passes through probate if it was in joint title),... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
In California, the determination of whether an older person is incapacitated and in need of a fiduciary isn't solely based on their ability to perform daily tasks or manage finances with assistance. Incapacity typically refers to a person's inability to make decisions or manage their... View More
The person described in the question was mandated to have a fiduciary when she was caring for herself with a friend`s help and she had a very good credit rating. The fiduciary does little but intrude in the bill paying process and charge a lot of money!
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answered on Jan 13, 2024
Under California's new supported decision-making law, an older person who can manage daily life with a friend's help is not necessarily incapacitated. This law allows individuals to make their own decisions with support, rather than needing a fiduciary or conservatorship. If the person is... View More
Because i still need to transfer title after filing Affadavit To Heirship(?)
THANK YOU!!!
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answered on Jan 13, 2024
To transfer property in Mississippi from an Administratrix Deed after someone's death with the judge's orders, you typically need to use a Quitclaim Deed or a Warranty Deed, depending on the circumstances.
First, ensure that you've filed the Affidavit of Heirship as required... View More
answered on Jan 12, 2024
Any documents that you are seeking related to a Will and or probate commencement you can check online or contact the clerk of the court in the Florida County where they were residents, you can get copies of these documents through the clerk, if you are an interested party, beneficiary, you should... View More
answered on Jan 12, 2024
For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More
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answered on Jan 12, 2024
When a person passes away, their assets and liabilities become part of their estate. If your uncle's possessions are to go to his last surviving sibling, which is your mother, this should be outlined in his will or, if there is no will, according to state intestacy laws. However, spending... View More
My dad passed away a year ago. We recieved a letter for being listed in the will. My brother got a copy of the will were were listed a certain dollar amount ..probate has closed and we have recieved nothing. I don't know how it works or what we should do.
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answered on Jan 12, 2024
In South Carolina, the probate process involves the administration of a deceased person's estate, ensuring the distribution of assets according to their will or intestate succession laws if there's no will. If probate has been closed, it suggests that the assets were distributed as per... View More
He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada
answered on Jan 12, 2024
You don't say what state your father was a resident of. The state he was a resident of when he died determines which state law controls the distribution of his assets that are NOT real estate. The details of probate law vary from state to state. If I understand your questions correctly, there... View More
He has 96k in a VA FIUCIARY account which in the fiduciary. He has 99k in an account which I am on, and 37k in a savings which I’m on. No spouse or other kids. I live in Henderson Nevada
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answered on Jan 12, 2024
I'm sorry to hear about your father's passing. Dealing with financial matters after a loss can be challenging, but there are clear steps to follow in this situation. Since you are the only child and your mother has also passed away, you are likely the primary heir to your father's... View More
didn't do either. Sold the mobile home and property and I got nothing, and it was instructed in the will, what can be done?
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answered on Jan 11, 2024
If the executor of your uncle's estate failed to adhere to the instructions in the will regarding your right of refusal and entitlement to a share of the proceeds from the sale of the property, you may have legal recourse. It's essential to consult with a probate attorney to explore your... View More
didn't do either. Sold the mobile home and property and I got nothing, and it was instructed in the will, what can be done?
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answered on Jan 11, 2024
Was the Will Probated? If not, it means nothing, and there is no executor. If there was a probate, then you file a motion to set aside the sale in the probate case for grounds. The fiduciary has breached his duties and might be removed. If so, then he is potentially liable for his property... View More
My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among... View More
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answered on Jan 11, 2024
If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record... View More
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
What if there is no debt but one or more persons are contesting, should I not sign the waiver?
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answered on Jan 11, 2024
In California, when considering whether to sign a waiver of bond in a probate matter, it's important to understand the implications of this decision. A bond in probate serves as a form of insurance that protects the estate against potential mismanagement or malfeasance by the executor or... View More
I live in Alabama and she lives in Texas. I am executor/administrator of her estate. Her only assets are about 90K in cash and savings accounts and in IRAs, all with named beneficiaries. What steps must I follow to settle her estate? What must be done in person?
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answered on Jan 11, 2024
Collecting accounts that have death beneficiaries listed is fairly simple. After your mother passes, just send a letter to each financial institution notifying them of your mother's death. Be sure to enclose an original certified death certificate, so be sure to order enough originals plus a... View More
Naming me executor. To transfer property ownership. Clerk of court, how do I go about this? And can I do this in my own or do I have to have a lawyer?
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answered on Jan 11, 2024
In most states there is no law that obligates an executor to hire an attorney. Just like fixing a car, you are free to do it yourself if you know how. But if you don’t know how you will get better results in the long run if you hire an expert. And just like fixing a car it is also often cheaper... View More
My father is mentally unstable. He would have doctors comit him to have his attorney have him released, for a large fee. My father died because the doctors and family was afraid to authorize treatment for a infection. His attorney is is sole benefactor in his life insurance and will. Isn't... View More
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answered on Jan 10, 2024
It's not inherently illegal for a lawyer to be named as a beneficiary in a client's will or life insurance policy, but this situation can raise questions of undue influence or conflict of interest. If your father's mental capacity was in doubt, there could be grounds to challenge the... View More
answered on Jan 10, 2024
If you mean by probate is complete and a fiduciary has been appointed by the Court, it is up to the fiduciary pursuant to the terms of the Will and applicable laws, if he or she wants to make a partial distribution and if its proper under the circumstances. If it is proper under the facts of your... View More
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