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Probate Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

1 Answer | Asked in Probate for Connecticut on
Q: We cannot find a copy of my father’s will and are unsure what law firm he used to draft it. Is there a way to find out?
Steven Basche
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Steven Basche
answered on Mar 26, 2024

Unfortunately, there is no central registry for wills. often attorneys will post on the Connecticut Bar Association, listserv asking if anyone has the will for a particular individual. Keep in mind that if you are unable to locate, the will, the Connecticut intestacy statute may provide for the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

John Cucci Jr.
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answered on Mar 23, 2024

Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Gratia "Grace" P. Schoemakers
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answered on Mar 25, 2024

To determine if a decedent has a will, there are several steps you can take. These steps combine legal procedures with practical measures to ensure a thorough search.

Check Personal Papers: Often, individuals keep important documents, including their will, in a safe place at home. This...
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2 Answers | Asked in Estate Planning and Probate for Texas on
Q: How do I find if a decedent has a will.
Isaac Shutt
Isaac Shutt
answered on Mar 23, 2024

Here's what we typically do:

Step 1) Search the court records for the county in which the deceased resided at the time of death.

Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.

Step 3) Then, if we still...
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1 Answer | Asked in Probate for Minnesota on
Q: What are my rights in a probate case

I'm a person with a disability all of my other relatives have lawyers for the probate case I do not and I did request reasonable accommodations I requested an exception I requested a lawyer but I cannot get one because everyone is using the elderly estate low-income lawyer service what are my rights

Robert Kane
Robert Kane
answered on Mar 22, 2024

I am not quite sure what you mean. The disabled don't have right to have an attorney appointed to represent them as an indigent criminal defendant does. Are asking about access to the courtroom or the ability to participate remotely?... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can a durable POA still be used after the person has passed,when it was for payrolls and health?

My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More

Theressa Hollis
Theressa Hollis
answered on Mar 22, 2024

I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??

Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??

Karn Thapar
Karn Thapar
answered on Mar 22, 2024

Generally speaking, the executor should not be commingling estate funds and personal funds. Sometimes the latter is used for convenience, however best practice is to use the funds available from the estate to pay estate expenses. Regarding getting back into the trust, you should speak to a... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for California on
Q: If there is a will & trust with money for estate, shouldn't the executor use that money instead of his own creditcards??

Executor of my mom's trust, which I am beneficiary to, has been using his credit cards for expenses. And detailing and charging the trust of all the interest charges be accrued. Can I somehow dispute these charges and get back into the trust??

James L. Arrasmith
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answered on Mar 21, 2024

In California, the executor, also known as the trustee in the context of a trust, is typically expected to pay for trust-related expenses directly from the trust's assets rather than using personal funds. This is to ensure that all transactions are transparent and the trust’s assets are used... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 21, 2024

More information is needed to answer this question. It is not apparent whether your sister had the authority to sue for eviction. Was she the owner of the house? Whether the probate action will result in different ownership is another question. Were that action to result in the recognition of... View More

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3 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Michigan on
Q: Does it void an eviction if the house goes in to probate after the eviction was ordered

My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?

James L. Arrasmith
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answered on Mar 26, 2024

When a property goes into probate after an eviction order has been issued, the situation can become complex. Probate is the legal process where a will is reviewed to determine whether it is valid and authentic. However, typically, an eviction order issued by a court before the property was placed... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Nina Whitehurst
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answered on Mar 21, 2024

You need a real estate litigation attorney to file a lawsuit against your sister to have the deed declared void due to forgery. Do not delay. But in the meantime, if you get a whiff of the house going under contract then contact the escrow company and pointedly inform them that there is reason to... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for Arizona on
Q: Father passed away, his name forged on quitclaim, notary found to not be diligent and got commission revoked.

My sister forged our dads name on a quitclaim deed, I had filed a complaint on the notary which originally resulted in her favor but this week I got a letter from the secretary of the state saying they found multiple things she did wrong with the investigation and the fact that they don't... View More

Gregory Christopher Poulos
Gregory Christopher Poulos
answered on Mar 21, 2024

I agree with attorney Whitehurst that you must act immediately to hire an attorney. While you may certainly consult with a real estate litigation attorney I would suggest that you consider a consultation with a probate attorney that handles probate litigation. While very similar since it affects... View More

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1 Answer | Asked in Landlord - Tenant and Probate for California on
Q: How Can I Evict An Occupant Protected By Tenant's Rights as a Cash-Poor Estate?

My late father passed away intestate in Los Angeles County, and I (his son) have been named Administrator of the Estate by the court. He had his girlfriend-turned-caretaker staying with him before he passed.

Said caretaker has stolen what little money remained to my father by claiming there... View More

James L. Arrasmith
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answered on Mar 20, 2024

In California, if you're facing issues with an occupant in an estate property, the first step is to formally establish your legal standing as the estate's administrator. Since you've been named by the court, ensure all documentation clearly designates your authority over the... View More

1 Answer | Asked in Estate Planning, Probate and Personal Injury for Arkansas on
Q: What kind of will does one need who has mesothelioma

My brother in law was diagnosed with lung cancer and he was advised he needed to make a will so that any litigation will go on in the event of his passing before a settlement is reached

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2024

An Arkansas attorney could advise best, but your question remains open for a week. You may want to repost and add Probate an Estate Planning as categories - attorneys in those areas of practice would probably have greater insight than most average personal injury firms into what provisions would be... View More

2 Answers | Asked in Real Estate Law, Estate Planning and Probate on
Q: grandmother ancestral property & she passed away before resolved

If the grandmother filed a case in court asking for her share of the ancestral property and she passed away before the case was resolved, will her children may still have the opportunity to continue the case or to get her mother share of ancestral property ?

James L. Arrasmith
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answered on Mar 20, 2024

If your grandmother initiated legal proceedings for her share of the ancestral property and passed away before the case was resolved, her legal heirs, typically her children, usually have the right to continue the case. The legal process varies by jurisdiction, but generally, the heirs can apply to... View More

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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2024

You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More

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2 Answers | Asked in Criminal Law, Estate Planning and Probate for Texas on
Q: Single mom died , dad lied on death cert saying they were married . He stole all that was left t me by doing that.

There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More

James L. Arrasmith
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answered on Mar 21, 2024

It's crucial to gather all the evidence you have, such as documents proving your mother's divorce and any information regarding the will you mentioned. Collect witness statements or any proof of the fraudulent actions taken by your father. Documentation and concrete evidence are key in... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Mar 19, 2024

Speak with a probate/trust attorney. There are too many facts missing from your question for it to be answered accurately in this forum. For instance, how is title held to the house? Is it in a trust? It may be that the house has to go through probate; if so, it may be a while before it can be... View More

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4 Answers | Asked in Estate Planning and Probate for California on
Q: My mother and her husband died, am I supposed to pay for the mortgage because I am the only one living at the house?

Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.

James L. Arrasmith
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answered on Mar 20, 2024

Under California law, the responsibility to pay the mortgage after the homeowners have passed away typically falls on the estate of the deceased until the property is transferred or sold. If you are living in the house, it does not automatically obligate you to assume the mortgage payments, unless... View More

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