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1 Answer | Asked in Probate for Florida on
Q: After florida probate my sister has inherited our aunts home. We are listed as heirs as persons of interest.

She has abandoned this home. What can we do. It's in her name only. In Tallahassee fl. 2011 last time she was there. House vacant.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 10, 2024

You should have the probate order and deed reviewed, but if she was given the home for life or entirely via deed and does not want the property, then she can or should potentially deed the property to you via some deed. In addition, you need to make sure that any mortgage is being paid, property... View More

2 Answers | Asked in Real Estate Law and Probate for Michigan on
Q: I want to challenge a quick claim deed my brother had done and during this time my mom was sick in hospital

My mom did a lady bird deed for me conveying the house to me since. 2018-2022 and my brother changed it when she was sick how can I challenge the deed my mom couldn’t sign her name no more like it was on the deed my brother done

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 10, 2024

I concur, but not just a 'Michigan' lawyer, but one in the area where the house is located. Michigan as you know, is not a 'small' state -- an attorney in Houghton will not be of much help in a dispute in Saginaw, Bad Axe, Traverse City or Grand Rapids, and one in Detroit... View More

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1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

T. Augustus Claus
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answered on Jan 10, 2024

In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More

1 Answer | Asked in Civil Litigation, Estate Planning and Probate for Louisiana on
Q: What do I do if my brother forged my deceased brother's name to a will? He also has done other things illegally.

There is 3 estates involved. My Dad my brother & my sister who passed. The will has been denied 2 times before the court & is now before the appellate court. He also sold his car, turned his truck over to their Mom & cleaned his bank account out. The so called will is just a note my... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 10, 2024

Curious post---sounds like litigation has been ongoing and you have 1, maybe 2 attorneys. You are dismayed at the currents and progress, however the process sometimes takes time----my recommendation is that you meet with your lawyer(s) and discuss your concerns, as well as try to get an expected... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Estate Planning and Probate for Texas on
Q: Mother died with a mortgage. No will. Heavy debt. I DO NOT want her house. M/C is suing me for mortgage. What do I do?

I am her only child, 39, with my own family. Mother was horrible with finances, and I want nothing to do with her estate.

Hearing in a few days, docket lists “MOTION FOR SUMMARY JUDGMENT, MOTION TO COMPEL MEDIATION AND DEPOSITION,” and I’m freaking out.

John Michael Frick
John Michael Frick
answered on Jan 9, 2024

You should hire an attorney to file an answer, a response to the motion for summary judgment, and a response to the motion to compel mediation and deposition.

If you are not a co-signor on her mortgage, the mortgage company is most likely suing you because you are your mother's sole...
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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

James L. Arrasmith
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answered on Jan 9, 2024

To determine if your late husband had a Power of Attorney (POA) or to identify the executor and lawyers of his estate, you should first check any personal records he may have left. Important documents like a POA or will are often kept in safe places such as a home safe, filing cabinet, or a safety... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Jessica R. Ward
Jessica R. Ward
answered on Jan 9, 2024

I am very sorry for your loss. I am not in TX, but California. I agree with the other post, and talk to everybody to see if they were aware. The only thing I would add is that sometimes those who execute a Power of Attorney also record them in the county recorder's index where they live. This... View More

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: How to find iout if my late husband has an power of attorney? If so how to find power of attorney uspto

How do I find if my late husband had a POA and who is executor and lawyers of his estate? Since my late husband's was killed suddenly and not retired yet, where can his widow find certain things like this? Should the widow have been contacted about any of these thing? Accident happened... View More

Sheldon Starke
Sheldon Starke
answered on Jan 9, 2024

Please accept my condolences for this tragedy. I would start worth people know about lost things and your situation. Your jurisdiction is different than mine but people are not different. I would call the local probate court or better yet go there and talk to people who have encountered the same... View More

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2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Theressa Hollis
Theressa Hollis
answered on Jan 8, 2024

I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More

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2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Karn Thapar
Karn Thapar
answered on Jan 8, 2024

Real estate that is held with rights of survivorship normally does not need to pass through the probate process. This can be handled through proper documentation with the county. However, given the complexity, it is advisable for you to speak with an attorney.

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1 Answer | Asked in Estate Planning and Probate for Louisiana on
Q: I know my mother has a will I don't know the lawyer's name and my sister will not give me any answers

She passed away on December 22nd of this year so I don't know what happens after that if I don't understand anything about probate or succession I just wanted I just want a copy of her will

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 8, 2024

I am sorry for your loss. While you indicate you just want a copy of your Mom's will, my recommendation is that you consult with a probate/succession attorney in your area to specifically discuss your Mom's estate as well as the probate process, including your rights. If your sister is... View More

1 Answer | Asked in Estate Planning and Probate for Maine on
Q: My husband passed away and medical bills are coming in. Am I responsible for paying for them? I live in Maine

Our home is paid for, vehicles also.

James L. Arrasmith
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answered on Jan 7, 2024

In Maine, whether you are responsible for your deceased husband's medical bills largely depends on various factors, including the nature of the debts, your husband's estate, and whether you were a joint account holder or co-signer on any of his debts. Generally, the estate of the deceased... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Apptd. PR doesn't qualify for title (out of state resident) but signed court documents on trust and probate. Contempt?

By Fl. law how would the judge react to these actions?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

You have not indicated specifically what documents were signed, but unless a court order specifically prohibited the person from doing so, it is doubtful the person acted in contempt of court. With certain exceptions, a person who is not a Florida resident cannot be the personal representative... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can an executor and beneficiary of a will sell an asset (house) of the will and receive 3% commission on the sale?

Seems like a conflict of interest.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 6, 2024

An Executor (called Personal Representative in Florida), is entitled to 3% of the estate value for their role, if they are a real estate agent and it is agreed that they get 3% in that role, that would likely be fine as well. The real issue is that the property may or may not be qualified as part... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can a non-Florida resident that is an Ex-stepchild be an executor of a will in Florida?

The stepfather and mother of stepchild divorced decades ago. The once stepfather passed away and left the once stepdaughter executor of a Florida will. The once stepdaughter lives in California. Can she still be the executor of the will?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 6, 2024

You will have to provide more details and information and speak with a Florida Probate Attorney in order to get a more detailed answer based on your precise circumstances. If the stepdaughter was adopted this will resolve the issue. Generally, it is difficult for a non-resident of Florida to... View More

1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

James L. Arrasmith
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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle.

Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More

James L. Arrasmith
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answered on Jan 5, 2024

In your situation, where there's a dispute over a property left by a deceased relative, you should seek assistance from an attorney experienced in probate or estate law. These areas of law deal with the distribution of a deceased person's estate, including real property like a home.... View More

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle.

Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More

Nicole Deese Newlon
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answered on Jan 5, 2024

A list of legal aid providers can be found here: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information/Legal-Aid. If you are in Orange County, you are served by Community Legal Services of Mid-Florida, Inc.

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2 Answers | Asked in Probate for Kentucky on
Q: KY in an intestate estate what if a surviving spouse is long-term institutionalized in a nursing home?

no will, deceased had 3 children, myself and my 2 brothers, and his wife who is long-term institutionalized, estate is small under $30,000 with no real estate. will his wife be able to benefit somehow, she is not able to care for herself physically and mentally.

Nina Whitehurst
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answered on Jan 5, 2024

Yes, the wife inherits her share even if she lacks capacity. If there is nobody with a power of attorney to manage her finances then a conservator may need to be appointed. And it can get even more complicated if she is on government benefits. If that is the case then remember that someone will... View More

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1 Answer | Asked in Child Support, Family Law and Probate for California on
Q: My husband and I legally separated in California. Can a sibling claim his body if he dies in another state.

My husband and I legally separated years ago and physically separated over 5 years ago (he moved to another state) If he dies in that state can a sibling in that state claim his body and can I still receive a death certificate for matters that require filings. There is no will.

James L. Arrasmith
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answered on Jan 4, 2024

In California, when a person dies without a will, the right to claim their body typically falls to the closest next of kin. As a legally separated spouse, you generally retain some rights, but these can vary based on specific circumstances.

If your husband passes away in another state, the...
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