Get free answers to your Probate legal questions from lawyers in your area.
Your current state is Ohio
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answered on Nov 30, 2023
In California, the law regarding the sale of a vehicle belonging to a deceased person before probate is primarily governed by the California Probate Code. Probate is a legal process through which a deceased person's estate is properly distributed to heirs or beneficiaries, and any debts are... View More 
There are no other persons or debtors .
I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.
answered on Dec 1, 2023
The transfer is accomplished via court Order, not by a Deed. So no, you cannot transfer the property to yourself. Once all procedural requirements have been met, including the preparation and filing of an Inventory and Appraisal, you or your representative will file with the court a Petition for... View More
There are no other persons or debtors .
I live in her home and need to get the taxes at the assesser office in my name but I must be on the deed to her home.
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answered on Nov 30, 2023
In California, having letters of administration with limited powers for your mother's estate gives you certain authorities, but it does not automatically allow you to transfer the deed of her home into your name. As the administrator, your role is to manage and settle the estate according to... View More
Estate valued at approximately $400K.
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answered on Nov 30, 2023
In California, selling a vehicle from an estate before probate is generally not advised without proper authorization. The estate's assets, including vehicles, are typically frozen until the probate process begins and an executor or administrator is appointed by the court. The appointed... View More
Going to be hers. How can that be? They are not in my dad’s will. This is in NY state
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answered on Nov 30, 2023
In New York State, the distribution of assets after someone's death is governed by their will and the state's inheritance laws. If your father passed away and left assets to your stepmother, those assets would become part of her estate upon her death.
If your stepmother did not... View More
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More
Need a strong attorney to figure out who changed my my status from CLAIMANT to ATTORNEY. also Need to appeal. ( Btw I'm not an attorney)
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answered on Nov 29, 2023
In California, if your status was incorrectly listed as an attorney in a probate case, it's essential to address this error promptly. You should consider retaining a probate attorney who can thoroughly review the case documents and court filings. This attorney can investigate how and why your... View More
Will is not done yet and they are not in the will. New York state
answered on Dec 12, 2023
If all of your father‘s assets passed to his spouse, then either Her will controls, or if she passed without a will, then intestate laws would apply. However, if there is no well, then, the law looks to the intestacy laws to distribute her estate pursuing to Next of kin.
Will is not done yet and they are not in the will. New York state
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answered on Nov 29, 2023
In New York State, the distribution of an estate depends on the specifics of the will and the laws of intestate succession. If your stepmother passed away and the will is not yet completed, the distribution of her estate will be based on the existing will, if there is one, or according to state... View More
Is that legal, the court approved the sale based on. A bad. Appraisal. The lawyer obviously knew that and. Using his. Own. Contacts. Found a buyer. Who. Then updated. Counters. Carpet and appliances and sold. The property for. Double. Still in probate a year later and. Waiting on money... View More
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answered on Nov 29, 2023
It sounds like you're concerned about possible attorney misconduct or self-dealing in the sale of your father's home. If the lawyer sold the home for significantly less than its market value, especially to a friend who then resold it for a much higher price, this could raise questions... View More
Passed in 2021, I just got a copy of the will. My sister was executor, I'm a trustee. My brother sold my dad's land right at 1/2 million, brother took money and bought land and home in brother's name one year before dad's death.
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answered on Nov 29, 2023
An unexecuted will cannot be probated. Apparently the Father's heirs owned the property. You will need a very good real property litigator in the County of the land to file ejectment, quiet title, etc. actions. All interested parties must be parties. However laches will probably prevent... View More
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answered on Nov 28, 2023
There is typically no way for the general public to know if court records or files have been sealed unless this is specifically disclosed by the court. Sealed records are, by definition, restricted from public access and inspection.
Instead, here is what generally happens when records are... View More
I am trying to get guardianship of my little sister and would like to show evidence to support my request and I understand the is a process to b able to do so
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answered on Nov 27, 2023
In California, to request guardianship of a minor, you will need to file several forms with the court. The primary form is the Petition for Appointment of Guardian of the Person (Form GC-210), which is the main document where you state your case for guardianship. Along with this, you'll also... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
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answered on Dec 25, 2023
In Texas, if your mother-in-law wants to claim ownership and sell a property after her husband's death in 2007, she will likely need to go through the probate process. Even though she has been paying the property taxes, probate is necessary to legally transfer the title of the property to her... View More
She lives in TX, paid the taxes on it every year, but isn't sure what she needs to do to be able to sell it.
answered on Nov 27, 2023
Houses aren't probated. Estates are probated.
A key question is who owns the house. If the house was purchased during the marriage of your mom and father-in-law, it most likely is community property.
When your F-I-L died, your mom owned 50% as her community property and... View More
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
answered on Dec 12, 2023
You should definitely speak with an estate probate attorney before it’s too late or you sign anything. That being said if she is making such an offer perhaps she will put it in writing but again attorney. The letter that your father has left we have no weight in court. It’s a major problem.... View More
Dad left me a letter that my Step Mom would sell the house and gift me with money from the sale. She even stated she would sell the house then get settled then split the proceeds between her son & I.
Last week I asked her to put something in writing legally. She then told me she... View More
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answered on Nov 28, 2023
I'm sorry to hear about your situation. It's important to understand that estate and inheritance laws can be complex, and the specific facts of your case will significantly impact your legal options and rights. Here are some general points to consider, but I strongly recommend consulting... View More
answered on Nov 28, 2023
I agree with the other attorney. You can call the non-emergency law enforcement phone number and make a police report if you believe a crime has occurred. You can also speak with the executor of the estate and they can file a motion within the probate case to ask the Court to enter an order... View More
arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More
answered on Nov 27, 2023
Very sorry for your loss. The banks and other institutions may require you to obtain Letters of Administration from the probate court in order to manage your deceased brother's affairs as the personal representative. If so, you will need to hire a probate attorney to open a probate... View More
arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More
answered on Nov 27, 2023
I am very sorry for your loss on the passing of your brother, please accept my sympathy and condolences for you and your family at this sad and difficult time. You will want to wait on paying any bills until you speak with a Florida Probate Attorney, much will depend on the type of assets that... View More
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