Get free answers to your Probate legal questions from lawyers in your area.
Firstly, we live in the state of Virginia and I appreciate anyone's professional time and counsel. My mother had numerous life insurance policies ranging from $1,000 to 10,000 and has me named as the sole beneficiary on all policies. She had no will and her house and land have been in mine... View More 
answered on Jan 15, 2017
The proceeds of the life insurance policies should pass to the beneficiaries outside of the probate estate. Likewise the jointly owned bank accounts, which should pass outside of probate to the surviving owners of the accounts. The credit card debt can reach assets of the Probate estate, which... View More
my aunt signed a binding agreement with me stating she would leave me her house upon death if I would give up my home to move in with her and take care of her, I took care of her for over 4 yrs. preventing her from entering a nursing home. She passed and the house went to her stepdaughter in a... View More
answered on Nov 15, 2016
You can pursue a declaratory judgment action, but you are likely in a difficult position if you did not have a written and duly recorded agreement to receive the house. You should consult an attorney.
My sisters are stated only if I was unable to be executor due to death or incapacity and the same with all her assets. Do I need to have the will probated if states that I am the executor and all assets are left to me?
answered on Jul 12, 2016
Yes. The type of probate is best discussed with a local Probate Attorney.
Mu husband was living with my step daughter in Georgia when he passed away and she claims she don't have a copy of his will anymore how can i find out what happened to the will and get a copy of it?
answered on Jun 24, 2016
It is likely you'll have to consult with a Georgia attorney, as opposed to a Virginia one, on this matter.
answered on May 20, 2016
Answer depends on more facts than are given in this case; such as the status of the estate, who the executor is, and the terms of the will. Seek out a local attorney to help you with this case.
Our father made several declarations regarding his property (land) prior to his death being for his biological children, but left no Will. When he was placed in a nursing facility in Sept 2015, his wife (step) obtained a Power of Attny over his affairs. He passed in Dec 2015. We have not heard from... View More
answered on Apr 27, 2016
No. If both of the owners passed away, title transfers according to their wills. If they passed without wills, it passes according to the intestacy rules. If a person, other than those who would inherit under the probate rules, inhabits the property in adverse possession for 15 consecutive years,... View More
I had a durable POA to handle her medical and other affairs and her bank accounts had a POD. I took her back to England for burial and her accounts had no additional funds after the cost of the funeral etc....I contributed to her home health care costs and funeral costs. My Mother was due a small... View More
answered on Apr 22, 2016
You probably shouldn't be doing any of this. A power of attorney does not allow you to reconcile a deceased person's estate. The only person who can do that is the Administrator, appointed by the court in instances where there are no wills. Seek out a Probate attorney soon.
She didn't own any property, no jewelry, no car. All she had was a bank savings account with about 9k and a retirement account we found going through her stuff from a job she had years ago worth around 19k. We just wanted to close the bank account to pay for her funeral expenses and whatever... View More
answered on Feb 6, 2016
There are two groups of people that have an interest in the estate. Her creditors and her heirs. The law explains how such an estate may be handled.
Small estates (less than $50,000) may be handled in accordance with Va. Code §64.2-600 & 601... View More
Title company is telling us we can't proceed with sale until brothers estate is probated in Florida. Brother was a Nevada resident, never lived in Florida. Is this true? Brothers share, one ninth would go to his estate, his heirs.
answered on Feb 6, 2016
Not necessarily. The house belongs to 9 children. One of those children died (you don't say whether before or after your father's death). If the son died before your father, assuming that your father's will provided that any share to a predeceased child goes to his children... View More
answered on Oct 26, 2015
There are basically two possible types of distribution in a will. One, per capita, means that only named beneficiaries can receive, the other, per stirpes, means that the heirs of a deceased beneficiary can receive that beneficiary's share.
answered on Oct 21, 2015
Get a local probate attorney. Have a full discussion with one.
answered on Dec 13, 2014
NO.
If the home is actually part of the estate, then a person would need to actually qualify at the Clerk's office as the executor to have the authority to act on behalf of the estate. (If the real estate passes under the will, then at the time of death the real property passes to... View More
and can they put the property in probate
answered on Dec 10, 2014
No, the will controls. After the testator (deceased parent) dies, the children may not re-write the will.
Disclaimer: This information contained in this answer is not intended and does not constitute legal advice and is not intended to be a substitute for legal counsel on any subject... View More
a family member had my father to sign a will giving her and her daughter every thing and stating that items I had received from him and mother who is also deceased were only being store at my home and that I must return them per the will. The will was made just 2 days before my father who had only... View More
answered on Oct 17, 2014
You may be able to challenge the validity of the will. If the amount of the will is significant, you should consider consulting an attorney.
answered on Feb 9, 2011
there is not enough information to answer your question. It is possible for assets to pass without opening and fully probating an Estate in certain instances. If the amount of assets is substantial this is not a matter in which you should leave questions unanswered. Go speak with an estate... View More
My husband had a individual account an it's in Virginia. We have a will and they says its not allowed there.
answered on Jan 26, 2011
It depends on the size of the estate, and the policies of the bank. It is not clear what you mean by "they say it is not allowed there." If the will has been rejected by a Circuit Court you may need to probate the will in another jurisdiction and provide a copy of the will with the... View More
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