Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
What to do
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answered on Dec 25, 2023
I'm sorry to hear about your loss. Under California law, when a property owner passes away without formally transferring the deed of their real estate, the property usually has to go through a process known as probate. Probate is a court-supervised procedure where the deceased's assets... View More 
My landlord passed away a few years back. He has no dependents/family in the United States, he didn’t have a will or a trust. He owns multiple properties so I was wondering if I was able to start the probate process on his properties that are all paid off?
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answered on Dec 22, 2023
In California, the probate process is typically initiated by someone with a legal interest in the deceased person's estate. This usually means family members or heirs. As a tenant, you generally wouldn't have the standing to initiate probate proceedings for your landlord's... View More
answered on Dec 22, 2023
You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More
My son and I lived with my parents for the past 12 yrs. Dad was sick.. then mom. We were given the house in a trust and will. My uncle is now is evicting us and wants us to get out.. have it vacant ...to sell. We don't want that and neither did my mom. Court papers filed like he is our... View More
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answered on Dec 22, 2023
In California, if you are named as a beneficiary of a home in a trust or will, your rights to the property are protected. However, the role of an executor, like your uncle, is to manage the estate's affairs, which may include selling assets to settle debts or distribute the inheritance... View More
What steps should I begin taking to have the deeds transferred to my name
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answered on Dec 23, 2023
In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More
My mother did not know her father he passed away before she was born. My grandmother moved to Stockton shortly after. Only the land she lived on was bought by my mother's grandfather there is a land patent. That particular piece of land is a irrigation district south San Joaquin irrigation.... View More
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answered on Dec 20, 2023
Under California law, issues regarding inheritance of land and oil rights can be complex, particularly when it involves multiple generations and a lack of clear documentation or wills. In your case, where the property in question was owned by your mother's father and grandfather, several legal... View More
Could be from mother’s death. However there’s talk that my mother cheated on my dad, so I don’t know who my biological father was.
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answered on Dec 20, 2023
In California, to determine if someone has taken your rightful inheritance, you should first obtain copies of any wills, trusts, and life insurance policies that may have named you as a beneficiary. This can be done by requesting these documents from the estate executor or the insurance company.... View More
I believe that this is a very simple problem but with some significant issues with the integrity of the executor 29 yrs old and I 63 yrs old and the only biological male in the family.I could really use a few pointers on where i stand . its about the principle, looking out for ones own interests vs... View More
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answered on Dec 20, 2023
In California, when dealing with an unwitnessed will and concerns about the integrity of the executor, it's essential to prioritize understanding your rights and options as a primary beneficiary. First, it's crucial to determine if the unwitnessed will is valid under California law. While... View More
The patient & his father had been estranged for over 25 years & the patient didn't want his father knowing or having any of his belongings after he passed. The hospice social worker told the father everything would go to him even tho that's not what the patient wanted.... View More
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answered on Dec 20, 2023
In California, hospice social workers are generally not authorized to provide legal advice or make determinations about the distribution of a deceased person's estate. Their role is to offer support and counseling services to patients and families, not to interpret or enforce legal matters... View More
Or even with full authority independnt she still has to split saleof house equal with siblings ? And can she buy the house herself and leave everyone out . No will for my mom . 7 kids . Sister filed for indep act and full rights not allowing courts to help . What do i need to worry about if its... View More
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answered on Dec 20, 2023
Under California law, when someone dies intestate (without a will), their estate, including assets like a house, is distributed according to the state's intestacy laws. In the case of your mother's estate, since there are seven children and no will, the estate should be divided equally... View More
I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More
answered on Dec 20, 2023
Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More
answered on Dec 20, 2023
Lawyers do not ‘oversee’ wills.
Is your father still alive? You have no rights your father doesn’t provide you — ask him and if he chooses to answer — there you are. If he chooses NOT to answer — there is no recourse.
Is your father now deceased? The Personal... View More
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answered on Dec 20, 2023
To find out the lawyer overseeing your father's will in Michigan, start by checking the will for any mentioned contact information. Reach out to the executor, if appointed, as they likely have details about the lawyer. Contact the probate court in the county where your father lived at the time... View More
I am the executor of my mothers estate. My father is the beneficiary of a home with a mortgage. He is working on assumption of the Loan but it has not happened. Initially as his power attorney, I was also communicating with the company on his behalf. For different reasons, I am considering having... View More
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answered on Dec 20, 2023
There is no need for your father to assume the loan. As the legal heir/beneficiary he can simply keep making the mortgage payments, and the lender is obligated under federal law to provide statements and other loan information to him. He is what is called a legal "successor in interest".
His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama.
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answered on Dec 20, 2023
In California, if your father is dying in hospice without a Power of Attorney (POA) or Will, the situation becomes complex. Without these legal documents, decisions regarding his affairs may be challenging. However, given the circumstances and the testimony of neighbors and friends about his... View More
His neighbors & friends can vouch that he wanted to leave everything to myself & my family & did not want my sister to get anything. We lived with him for 15yrs, from 2003-2018 & we moved to Alabama.
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answered on Dec 20, 2023
In California, if your father passes away without a will (intestate), his estate will be distributed according to state intestacy laws. Unfortunately, verbal wishes or intentions expressed by your father to neighbors and friends generally won't override these laws. Since there is no will or... View More
She Lives In Tx, Baby Due Jan 2024
Does She Need To Contest The Probate In Both Ark & Tx
answered on Dec 20, 2023
It depends. Your daughter should definitely file an appearance in the probate case indicating that she is pregnant with the decedent's unborn child. If the decedent has a substantial enough estate, the child may be entitled to support from the estate and should be entitled to a share of the... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
My 21 year old son was killed in a car accident recently and was living with his step grandmother at the time of his death. He has no wife or children and passed away instate.
She told the police officer she was his grandmother and his next of kin. They did no research and put her down as... View More
answered on Dec 20, 2023
The common meaning of the term "next of kin" is the relative or person with the closest relationship to your son. The legal definition of the term is much more precise. A significant other or same-sex romantic partner may very well use the expression "next of kin" to describe... View More
What to do
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answered on Dec 19, 2023
Under California law, to handle a situation where you've inherited a vehicle with an outstanding loan, you need to consider a few steps. Firstly, contact the lender to inform them of the situation. It's important to understand the terms of the loan and whether the obligation passes to the... View More
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