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2 Answers | Asked in Estate Planning and Probate for California on
Q: My mother passed 7/4/24 what can I do when the executor of the trust refuses to give me a copy of the trust

my sister is the executor of the trust she has not communicated with me at all I'm a beneficiary along with three siblings I can not afford a probate lawyer or file a petition to the court regarding her I feel she is holding a lot of information from me I feel she is not going to be fair when... View More

Julie King
Julie King
answered on Nov 14, 2024

Not that it is important for purposes of this question and answer, but the legal term "Executor" is title of the person responsible for following the terms of a WILL. The title of a person responsible for following the terms of a TRUST and fulfilling all the obligations set by law is... View More

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2 Answers | Asked in Real Estate Law and Probate for California on
Q: My uncle passed away and his house is in probate, I petitioned for letters of administration

My court date isnt for 2 more months, the issue is when my uncle passed he had a tenant whose rental agreement was up and he was not going to renew it and a freeloader who my uncle had told he had 30 days to get out. How do i get them out as fast as possible. They are destroying the property, they... View More

Howard E. Kane
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Howard E. Kane
answered on Nov 14, 2024

I'm sorry to hear about your uncle passing and the freeloading tenant. I recommend hiring an attorney who may do the following: Secure Letters of Special Adminstration, which will expire when you are appointed Administrator. The petition for special administration should include special... View More

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2 Answers | Asked in Real Estate Law and Probate for Massachusetts on
Q: Do I need a probate judge because the mortgage company will not recognize a quit claim deed

My father died without a will. Me and my two sisters signed the house over to my oldest sister and brother-in- law with a quit claim deed. The courthouse here in Greenfield Mass, says this deed is legal and he doesn't need a deed signed by a lawyer. My brother-in-law has payed the the taxes on... View More

Anthony M. Avery
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answered on Nov 11, 2024

If the lender does not want to refinance, that is their choice. Owner might try another lender to refinance. The deed may have violated the due on sale clause which could start foreclosure.

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2 Answers | Asked in Probate on
Q: The opposing attorney has failed to serve me with a copy of their demurrer to my petition. What should I do?

I am contesting a trust in California. I found out at a court hearing that the respondents had filed a demurrer to my petition. The next hearing is scheduled for February. I have yet to receive a copy of this demurrer, even after two requests to their attorney. The attorney claims that service was... View More

Anthony M. Avery
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answered on Nov 9, 2024

Go to the Court you filed the Petition and ask for a copy of the pleading.

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1 Answer | Asked in Civil Rights and Probate for South Carolina on
Q: Can a attorney settle and disburse a 6 million dollar settlement without a judge?
Anthony M. Avery
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answered on Nov 9, 2024

Yes if all parties agree. This happens alot without first filing a suit.

1 Answer | Asked in Probate for Oklahoma on
Q: Okay if my parents co-signed a house, never payed a $1 on property , both die, can my siblings try to force me to sell?

Purchased a house 2009, parents never put a dollar towards house, now sibling out of vengeance trying to pull my house in, when my father said it was my house and did not list it in his Will, because he never considered himself a owner . This is in arkansas

Anthony M. Avery
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answered on Nov 8, 2024

Was the will probated? If not then it has no effect. Then the heirs at law own the property, and yes, each heir can demand a Partition in Court. You might argue your contributions entitle you to a larger share from the net proceeds of the sale. Hire am AR lawyer to search the title and... View More

1 Answer | Asked in Probate for Florida on
Q: If the money is already in probate can someone sue for a car accident that the deceased had.
Anthony M. Avery
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answered on Nov 8, 2024

Yes... You need a FL attorney to file suit and file the suit as a Claim Against The Estate. The Fiduciary for the Estate is a named defendant. You need witnesses as the Dead Man Statute will rule inadmissible some otherwise evidence.

1 Answer | Asked in Elder Law and Probate for South Carolina on
Q: Who or where can someone get help with a scam that is presently ongoing?

The victim is in the early stages of frontal temporal dementia and has been scammed out of over $100,000 and now in the mist of another scam and is around $100,000 but his family cannot find someone to help.

Anthony M. Avery
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answered on Nov 8, 2024

Family needs to call law enforcement now. Then a Conservatorship is filed. Ward needs an attorney.

1 Answer | Asked in Probate on
Q: In a supervised probate case can representatives thrown away anything or sell stocks without courts and heirs approval?
Anthony M. Avery
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answered on Nov 8, 2024

Whoever has Letters Testamentary or Letters of Administration needs to do their job and marshal up the assets of the Estate. Otherwise they need to be removed. Court needs to approve of asset sales or distribution, at least in the final accounting.

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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1 Answer | Asked in Estate Planning, Intellectual Property, Tax Law and Probate for Georgia on
Q: What does it mean when a property in Bartow county ga goes from the estate to the estate and then attn so and so????

My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???

Anthony M. Avery
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answered on Nov 6, 2024

That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.

1 Answer | Asked in Probate for North Carolina on
Q: Iam reaching out in the regards of my late mother's property deed, I was the only child being said her power attorn also
Anthony M. Avery
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answered on Nov 6, 2024

What is your question? The POA terminated at the principal's death.

1 Answer | Asked in Intellectual Property, Family Law and Probate for Tennessee on
Q: In state of Georgia life tenant selling property and that buyer demolished a mobile home on perment foundation
Anthony M. Avery
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answered on Nov 6, 2024

What is your question? If land is in GA then post there.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: I have assumed the paying of taxes on a property by request of my mom before her death, how do I transfer ownership

My mom had been doing the same. She was managing the tax payments for the property which belongs to my deceased grandmother. Its only 5 acres of land, nothing on it. I live in NC, property is in SC. Grandma lived and died in FL, my mom last lived and died in NC.

Anthony M. Avery
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answered on Nov 5, 2024

I would hire a NC attorney to determine heirship, then file an Affidavit of Heirship in SC. But Grandmother's death in FL might complicate the heirship equation, and demand research on FL intestate succession. The

A of H will be the owners' source of title of record.

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Should all siblings STILL split the money from parents house that died if one sibling bought it???

My Grandma died. There are 3 daughters left behind. Some money and the car was left to a great grand child. The rest was left to the daughters. The money got transferred right to them, but the house wasn't set up that way I guess so they had to do some things to be able to sell it. I'm... View More

Joseph Jaap
Joseph Jaap
answered on Nov 5, 2024

If your mother does not agree, she should use the Find a Lawyer tab to consult a local attorney who handles probate matters to review the circumstances of the house sale and advise your mother of her options. Many attorneys offer free consultations so she can find one to work with.

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1 Answer | Asked in Probate for Iowa on
Q: Iowa bank allowed a family member with no authority to remove over $100,000 from an estate checking account. A crime?

The person that was able to remove the funds from the estate account was even written out of the will of her father, the decedent.

Anthony M. Avery
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answered on Nov 4, 2024

Who owned the bank account? Family member may have been on the signature card. Ask bank and tell them you are going to the Sheriff. Maybe they will show you the card if authority existed. If not, bank will also be worried about next of kin suing it for negligence, conversion, etc.

1 Answer | Asked in Probate for Kentucky on
Q: When is it too late to file a petition in probate challenging state intestate laws per krs392.090(2)?

Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.

1 Answer | Asked in Civil Litigation, Constitutional Law and Probate for Louisiana on
Q: if a last will and testament was written in 1991 and the laws have since changed, do we go by the old law or new law?

For pre-January 1, 1996 deaths, there is a possibility that any child, regardless of age, will be a forced heir. There are complex rules for determining whether the new laws or prior laws govern. If the decedent died before January 1, 1996 or executed his last will before January 1, 1996 and had... View More

James L. Arrasmith
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answered on Oct 31, 2024

When dealing with a last will and testament from 1991, the key factor is the date of the decedent's passing. If the individual died before January 1, 1996, the laws in effect at that time will generally govern the distribution of the estate. This means that any provisions regarding forced... View More

1 Answer | Asked in Probate for New York on
Q: How do I cash an escrow check made out to my deceased parents name

Back in 2014 my dad became terminally ill. He transferred his home to me and he became the life estate. I am the successor on the mortgage. I’m listed as the owner on the deed. There is no will or estate. I been paying the mortgage since his death. I sold the house this September. There is an... View More

Jack Mevorach
Jack Mevorach
answered on Oct 31, 2024

Same answer.

Jack

1 Answer | Asked in Probate for Kentucky on
Q: Husband passed and his mother took his car. I have probate papers signed by judge and she refused to give car back

I have title in his name, and papers from court. How do I get it back?

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

Have the sheriff escort you to get the car.

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