Get free answers to your Probate legal questions from lawyers in your area.
My husband died 7 years ago, and I am now selling the house. The title company said they can't get a clear title without going through probate. House was titled in both names. We have one child together and he has two from previous marriages.
answered on Jan 5, 2018
Sounds super frustrating. I am sorry you have to deal with this. If the house was in both names do you know if the deed stated that you and your husband owned the property as Joint Tenants or as husband and wife? If so then you will just need to file an affidavit of survivorship and the title... View More 
She still owes on her house. We are going to pay it off. What about other bills? I was told to start sending the death certificate to bill collectors. She was taken to the hospital from work where she passed. Are they responsible for any of the bills? She was working for the local 99 union. She... View More
answered on Oct 9, 2017
I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and... View More
Will is it possible to get a copy of it somewhere. The person has put it into probate and will not talk to us.
answered on May 24, 2017
If the will is in probate, it is a public document. You can go to the Court and pay some money to get a copy of it. If you have the name of the personal representative or the decedent then the Court should be able to locate it for you.
If you are an heir or a natural heir... View More
Gas and oil royalties, How to get past the probate of the will to get our royalties on our gas lease.
answered on May 24, 2017
The only person that can change a will is the Testator (the person whose will it is) or the testator's agent sometimes if the power of attorney expressly gives that power. Additionally, the Court may sometimes reform a will if the will is ambiguous and more direction is needed to carry out the... View More
He later married and had three other children (wife passed 2011) I am being denied access to information/executor funeral large estate multiple homes slc Yuma large farm in Idaho.
answered on May 16, 2017
You are only entitled to his estate if he died without a will or he named you a beneficiary in his will or trust. If he died without a will then you would be the natural heir and they wouldn't be able to distribute anything without first giving you notice of the probate process.
With... View More
I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a... View More
answered on Apr 28, 2017
Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I... View More
answered on Apr 28, 2017
I think your question is, "how to I evict my brother..." if that is the case, I presume that he is already living there.
The next question is, how is the home owned? Was it in the name of the trust? Are you the successor trustee? If so then commence a normal eviction suit which... View More
Igrandparents left everything to my brother when he passed he had no kids no wife no other siblings there's an uncle and cousin someone has filed papers for probate against the will as his brother do I have the right to go and is home do I need to notify the police before entering or do I... View More
answered on Apr 28, 2017
Great question. You do not possess any inherent authority by virtue of being his brother to possess or enter the home. You are from the sounds of it, in highest priority of appointment for personal representative.
Someone (sounds like a creditor) has started a probate action. They are... View More
I now live in Nevada but my son is laying in rest in Salt Lake City.
answered on Apr 3, 2017
You would first want to find out if a test is going to give valid results for what you want. You would then have to petition the courts in Utah for an exhumation.
are more than assets? Death occured in 2011, not probated to date.
answered on Feb 3, 2017
Speak with a local attorney. The primary question you don't answer is why are you bothering to probate an estate that has more debts than assets? If a CREDITOR has begun probate to try to collect, you may be required to answer questions, but you REALLY need to have legal representation if... View More
He married and had three other children. can they withhold information from me?
answered on Jan 11, 2017
The answer depends on several things unknown: Did he leave a will? Were you mentioned in it? Has anyone filed a petition to begin probate proceedings? Were you adopted before you turned 18? Did he know of your existence? (Did he leave anything of value behind worth fighting for? Or is it... View More
Estate his xwife that has his son is contesting the will saying he didn't wright it and bring my criminal past into it saying I'm not a reliable person! Can she do that? She supened my mom??
answered on Nov 2, 2016
Anyone has the right to contest a will. You will have to meet the prima facie case to show the will is authentic, but they will bear the burden of proof to overcome that once you show the will is valid. You need the assistance of a good probate lawyer to help you with this.
When he passed away, he left something to me and my brother. My brother wants me to sign probate papers. And is saying that there is nothing except the house that we have to sell. I do not know or have any of the info he has. I think he is hiding something from me and that I should know what he... View More
answered on Sep 11, 2015
Is this question still relevant? If so, you will want to visit with a probate attorney to understand your rights and duties as personal representative. You may be able to do an informal probate of the Will and sale the land through a streamlined process. Best of luck!
Do I need a lawyer for that?
answered on Sep 11, 2015
Your best bet is to contact a probate attorney in Washington. This website and others have directories that should assist. Is it possible to do without an attorney, yes, it is possible. However, there is also a good chance that you might make critical mistakes, as probate law is very complicated.... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
