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 14, 2023
To redeem property from a tax lien in Alabama, you must repay the delinquent taxes, interest, and penalties in full. You must also pay a $10 redemption fee. You can pay in cash, cashier's check, or money order. You cannot pay with a personal check.
You can redeem your property anytime... View More 
10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .
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answered on Nov 14, 2023
No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person... View More
deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?
answered on Nov 14, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More
Had stock but named a beneficiary for those.
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answered on Nov 13, 2023
In North Carolina, probate is necessary for handling the estate of a deceased person, but it may not be required for all types of property. If the only assets are personal items like clothes, linens, kitchen utensils, food, cleaning supplies, a mini fridge, cooler, and old TVs, probate might not be... View More
My mother died in oregon and left a will assigning me as executor. I took the original will, the death certificate and the small claims affidavit to the multnomah county court house, paid the fee of 149.00 and paid extra for 5 certified copies.
They kept the original will and sent me the 5... View More
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answered on Nov 13, 2023
In Washington, the process of opening an estate account typically requires specific documentation that proves your authority as the executor or personal representative of the estate. While you filed the small claims affidavit and obtained certified copies of the documents, the bank is specifically... View More
I was listed as only beneficiary but was 6. I lost the copies of correspondences and of the name of insurance co. I dont believe they thought I d ever know about it. I m now 40 and they have kept it. How do I proceed?
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answered on Nov 13, 2023
To address the issue of a life insurance policy where you were the beneficiary but the funds were kept by your grandparents, you should start by gathering as much information as possible about the policy. If you don't remember the name of the insurance company, you might try to retrieve this... View More
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answered on Nov 14, 2023
There are situations where it is not easy to determine what State a Decedent was domiciled in at death. In those cases good lawyers look at the best venue State to file Probate. This is especially true if there are large creditors of the potential Estate. Consult with an attorney in the... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
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answered on Dec 3, 2023
Can you confirm whether your parents have created a Will or a Trust, ensuring that everyone is aware of the distribution of assets? If they have not done so, it appears that you will have to go through the probate process. It is advisable to consult a Probate lawyer who can assist you in resolving... View More
This took place in Florida. The hospital was very strict on no visitors, and since it was a weekend, the PR was unable to contact the lawyer. This dictated change over the phone was unable to be signed / witnessed before he died. It was just a matter of hours from the phone call to his passing. Are... View More
answered on Nov 16, 2024
Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was... View More
reviewed Local Rule 7132 A, B and C. (A) NOTICE MAILED to REAL PROPERTY ADDRESSES references using DE-310 to Determine Succession to Real Property, line (8) GROSS VALUE has limitations not to exceed $184,500, ours is at $400,000, or using SPOUSAL or DOMESTIC PARTNER PROPERTY references DE-221, we... View More
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answered on Nov 15, 2024
Based on your situation with a real property value of $400,000, you cannot use form DE-310 (Petition to Determine Succession to Real Property) since it's specifically for properties valued at $184,500 or less. This limitation is strict and cannot be circumvented by leaving the value blank.... View More
Real property is being transferred through probate. We are planning to file:
-the Order for Final Distribution (which would be considered a receipt)
-a Grant Deed (this is also needed to officially change the title correct?)
With the county recorder office.
Can we... View More
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answered on Nov 15, 2024
In California probate cases, you actually need an Executor's Deed rather than a Grant Deed to transfer real property - this is the proper legal instrument for transferring property through probate.
The Order for Final Distribution provides the legal authority for the transfer, but the... View More
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answered on Nov 15, 2024
If you choose not to move forward with probate in California, several important consequences could arise, particularly if the estate includes assets that require probate to transfer ownership.
Without probate, you may face difficulties accessing or transferring certain assets like real... View More
Which I was then he told contact attorney as I did she asked me to show proof of who I was and my relationship to my late father then she tells me to get a hold of thi attorney which we will not return my phone calls or my emails, but then I find the court papers filed my dad was once the... View More
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answered on Nov 15, 2024
You should absolutely consult with a different attorney since the current one isn't responding to you. When a private investigator is trying to locate heirs, it often means there are assets or inheritance matters that need to be resolved.
Based on what you've described, with your... View More
I was contacted by a private investigator concerning if I was my late father’s and I said yes, and he proceeded to tell me to contact this attorney which I did and she wanted proof birth certificates, proving that I was my father‘s daughter she says that she cannot discuss anything with me... View More
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answered on Nov 15, 2024
While a surviving spouse property petition can transfer assets quickly after death, the transfer isn't always final if there are trust or inheritance issues that weren't properly addressed.
Your situation sounds complex since it involves multiple layers - your grandparents'... View More
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
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answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
I am trying to remove a long (5+ yrs) inacting executor. Ever since he was appointed 5+ yrs ago he did not file anything, failed to collect assets, did not pay property taxes nor he maintained the property. I have partial ownership in the property and the remaining interest is the estate to be... View More
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answered on Nov 14, 2024
Settlement negotiations can be valuable in probate litigation, but they aren't always necessary, especially when dealing with an executor who has clearly breached their fiduciary duties. Your situation involves multiple serious violations - failure to file required documents, neglect of... View More
To continue the long inacting (5+yrs) case. I suspect the buyout contract is to allow the executor remaining in position to finish the probate. However, the decedent died 10 yrs ago, the executor filed the probate 2yrs after death. I contested the appointment because all probates outside the... View More
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answered on Nov 14, 2024
Your frustration with this lengthy probate case is completely understandable. Five years of inaction from an executor is excessive, and ten years since the death is concerning, especially given the relatively straightforward nature of the estate.
California courts generally aim to protect... View More
To continue the long inacting (5+yrs) executor case. Is there a person / organization I can contact to amend the probate code? In my case, I am the backup executor in the Will in case the executor is unable/unwilling to perform. The executor is an alien that has no ties to CA. In other words, no... View More
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answered on Nov 14, 2024
You raise some valid concerns about the challenges with out-of-state executors, especially in high-value California estates. For changes to the probate code, your best route would be to contact your state representatives and senators, as they can introduce legislation to modify existing laws.... View More
I really need to speak to an attorney to give more details as it is lenghty and complicated.
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answered on Nov 14, 2024
Let me help point you in the right direction since time is critical with your upcoming court date.
For immediate assistance with pro bono legal services, contact your state's bar association - they maintain lists of attorneys who offer free legal help and can match you with someone... View More
My mom passed 07/04/24 I'm a beneficiary along with three other siblings my sister is executor she is being very difficult to deal with I have asked her for a copy of the trust she refuse I sent her a demand letter for a copy of the trust she received it but of course ignored it she has... View More
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answered on Nov 14, 2024
I'm sorry you're facing this challenging situation. Start by formally requesting a copy of the trust and a detailed accounting of the estate in writing. Send this request via certified mail so you have a record of your efforts to communicate.
If your sister continues to withhold... View More
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