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COVID-19 Probate Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law, Business Law, Civil Litigation and Probate for Ohio on
Q: I lived with my fiancé for 17 years. We ran a business together out of the house for the last 11 years. She died.

She left the house to her sister. I knew that. However, they took the business name and accounts and took control of the business PO Box and all incoming checks and entered them into probate in Greene Co. Ohio. I subsequently had to file all necessary paperwork and obtain a new federal EIM and new... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

If there is an operating agreement or partnership agreement for the company, you could make a claim for your share of the ownership. If any of your personal property was removed from the house, you could make a claim for return of that. Use the Find a Lawyer tab to retain a local attorney to... Read more »

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2 Answers | Asked in Estate Planning and Probate for Wisconsin on
Q: If a will is signed by the testator on one date and the witnesses on a different date is the will still good?

will created and signed in California for a now Wisconsin resident

Charles E. Hutchinson
Charles E. Hutchinson answered on Jul 8, 2021

That depends on certain situations. In general, for a will, the witness must be present when witnessing the signing and also sign indicating that they witnessed the signing. However, during the Pandemic, the Governor of Illinois issued and executive order (2020-14) which allowed for the use of... Read more »

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1 Answer | Asked in Probate for California on
Q: How backed up is probate court to appoint somebody administrator?
James Edward Berge
James Edward Berge answered on Jun 8, 2021

It all depends on the court. The probate courts in San Francisco and Santa Clara County are not scheduling hearing dates for up to 3 months out from the filing of a petition for probate due to COVID.

2 Answers | Asked in Probate for New York on
Q: Do I have rights to money my co-power of attorney sold before my mother died

My sister and I were both appointed cold power of attorney each being able to act independently two months before my mothers passing my sister sold her David Lerner stock and transfer the money into Her personal account we were both supposed to be 50-50 beneficiaries on this account do I have any... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on May 30, 2021

If your sister abused her power, whomever is appointed executor of the estate can go after her for the money taken. As for the probate of the Will, I’m not sure what you mean by probate date. COVID has slowed things down in some counties. But, not that significantly as long as you hire an... Read more »

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1 Answer | Asked in Estate Planning, Probate, Contracts and Real Estate Law for California on
Q: Can a person file probate lost will claim 10 years after they used same false documents in 2011 only to fail to show up

But took all assets and disappeared. Now back with same will after i paid off house and filed in blind behind my back duing lock down virus

Julie King
Julie King answered on May 26, 2021

It is difficult to know how to respond to your question without more information. Certainly, if someone has falsified a document and used it in court, there is no way a judge would allow the document to be used UNLESS no one testified or proved that the document was fake. On a different point, if... Read more »

2 Answers | Asked in Estate Planning and Probate for New York on
Q: Can my brother change the locks on me and keep me from being inside our home?

My beloved father passed away in May of 2020 due to COVID and the house he owned was passed down to my two siblings and I. We all have a room full of personal items. We have all signed a document last year making my sister in charge I believe. I can’t quite remember exactly what the document was... Read more »

Elaine Shay
Elaine Shay answered on May 12, 2021

Although your question is limited to the items in your room, the real issue seems to be about control of the property your mother previously owned. If your mother died without a will, her New York real property passes to her heirs, which would be her children if she was not survived by her spouse.... Read more »

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2 Answers | Asked in Estate Planning, Elder Law and Probate for Tennessee on
Q: If my father's life insurance is paid to my mother's estate can it be taken by creditors my parents owed money to?

My father had a life insurance policy with prudential that named my mother as primary beneficiary and me and my brother as contingent beneficiaries. My parents passed from covid within 22 hours of each other. My father passed 1st and my mother 2nd surviving him by 22 hours on a ventilator. After... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 25, 2021

You are correct on both accounts. If your mom did not survive your dad by at least 120 hours, then she is deemed to have predeceased him. That would leave his children as the sole heirs of his estate (having died without a will). The insurance proceeds should be paid to you and your other... Read more »

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2 Answers | Asked in Estate Planning and Probate for California on
Q: Hi...I live in California (LA County). My wife was the sole beneficiary on her older brother's 401k account.

Her brother died of Covid on January 19th. My wife then died of Covid 4 days later. What happens to the 401k account? Her brother had a daughter, but she wasn't listed as a beneficiary. Does the 401k pass to the daughter, or does it go to my wife's estate?

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Mar 29, 2021

It should go to your wife's estate.

A Will or a Trust normally has provisions regarding this sort of situation, but unless the 401K administrator had the brother sign something unusual, then the money would still go to the estate of your wife. But check with the administrator.

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2 Answers | Asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut on
Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility... Read more »

Steven Basche
Steven Basche answered on Mar 26, 2021

Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or... Read more »

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2 Answers | Asked in Divorce, Family Law, Estate Planning and Probate for California on
Q: In CA. My husband/his ex never filed a QDRO. He died. What do I need to do to get CalPERS to pay me his pension?

He caught Covid in the line of duty. I had POA for CalPERS. I'm his beneficiary. I got the QDRO drafted but it wasn't ready until a month after he died so he couldn't sign it. How do I get an order from court that doesn't require his signature so CalPERS will release the lien on... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Feb 23, 2021

You probably don't have standing to act on his behalf in family court. That being said, there's definitely something that can be done. When someone dies, the successor in interest (probably you) can be joined into the divorce case to sign documents, including a QDRO. That's what... Read more »

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2 Answers | Asked in Probate for Nebraska on
Q: I am a resident of Massachusetts - a Nebraska county court judge is trying to force me to appear in person during covid

i am the PR - I do not want to have to come to nebraska during covid - do I need to file for an injunction in Nebraska before filing in federal court in Massachusetts?

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2021

You might move to be removed as Personal Representative. But all assets that have come into your possession would have to be transferred to the new, proposed PR. Federal Court probably has no jurisdiction in this matter, and if a Court wants a hearing, that is the Judge's discretion, not... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: Do I have any rights to the house of 31 yrs my father in law owns. My husband and him died without a will last year?
James Tack Jr
James Tack Jr answered on Jan 26, 2021

Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: If a person dies intestate, is there a deadline for the filing for probate?

My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... Read more »

James Tack Jr
James Tack Jr answered on Jan 22, 2021

I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... Read more »

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1 Answer | Asked in Probate for Ohio on
Q: My father passed recently and I am an adult child born out of wedlock. Am I included in probate?

My Dad isn't named on my birth certificate. My siblings pretend I'm not alive and I would like to be able to have some of his personal things. Can I legally make them include me before they separate his belongings up amongst themselves? I'm not seeking financial gain just pictures,... Read more »

Aaron Epling
Aaron Epling answered on Jan 16, 2021

Your father's personal belongings pass to those named in his will. You don't have a claim to them if you're not named in his will. If he doesn't have a will, then it gets complicated as to whether you are entitled to part of his estate and you would need to have a conversation... Read more »

1 Answer | Asked in Probate for Ohio on
Q: My Dad died last week & my sis is executor. She is taking valuable items out of the estate for herself.

She is also a beneficiary along with only my brother and I. She has her children whom aren’t beneficiaries going in as well and taking out items. I live out of the country and she wouldn’t listen to me that executors have to act in the best interest of the estate and not personal gain. I... Read more »

C. Lawrence Huddleston III
C. Lawrence Huddleston III answered on Nov 28, 2020

She won't listen, so the only option is for you and your brother to hire an expert probate lawyer, and probably file your own action to be appointed and to remove her. At a minimum, you need to keep good notes of what she is doing and need to meet immediately with your own lawyer. Most... Read more »

1 Answer | Asked in Probate for Texas on
Q: My husband's dad died & his brother,the executor will not give him a copy of the will or probate info. Now all dads 2mil

His dad,worth about 2 mill plus property etc is suddenly been moved into his brothers name and is there laws against this. If hes executor, isn't it his responsibility to provide probate details? . My husband is a jr & he was in the will for sure. His brother wont give him a copy of the... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Nov 26, 2020

A Will has no legal effect until it is submitted for probate. It then becomes a public document. Check with the local probate court. If the Will has not been submitted for probate, hire a local probate lawyer to review the "deeds" and file an application to determine heirship and... Read more »

1 Answer | Asked in Probate for Iowa on
Q: how can I find out if someone had a will

My sons sperm donor passed away 2 months ago and I have been told by several people he left his things to our son. The brother will have nothing to do with my son or I and there are no other children

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

If he had a will it would be probated at the register of wills office in the county where he died. Probating a will is a matter of public record and you can get information by calling them (although the pandemic has made this harder). After you get this information, you may need to retain an... Read more »

1 Answer | Asked in Probate for Minnesota on
Q: what kind off effect is covid 19 having on hearings for violation of probation in mn
William Bailey
William Bailey answered on Nov 16, 2020

Some of the hearings are being held remotely via zoom. Otherwise they are proceeding pretty normally in most counties. You should have an attorney assist you with this situation so you don't get revoked.

1 Answer | Asked in Real Estate Law and Probate for Maryland on
Q: How long would the process take of making a complaint for the sale in Lieu of Partition in Prince George's county, MD?

An elderly disabled person is being forced out of his home that he lived in all of his life by the personal representative. The home had been closed with probate many years ago, and it's still closed, but the personal representative has now decided to sell the home after all this time. The... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 16, 2020

Your posting does not provide sufficient information for a reliable response, and I suggest that you review all of the facts with counsel during a consult. If the house is titled to the decedent, and there is an open estate with a qualified PR, there is no need for a complaint for sale in lieu of... Read more »

2 Answers | Asked in Contracts, Estate Planning and Probate for California on
Q: My dad died before he signed amended trust, even though confirmed with estate planner, during covid?

My Dad received amended copy of his living trust 3 days before he died and had not signed them. He did contact estate attorney and confirmed draft. I don't believe signing them was exclusive, but I do know that my dad would want his last wishes honored. I know there must be mitigating... Read more »

James Edward Berge
James Edward Berge answered on Nov 13, 2020

If he didn’t sign the amendment, it’s ineffective. It doesn’t need to be notarized, but it does need to be signed by the trustmaker. Sorry to be the bearer of bad news, but to tell you otherwise is just wishful thinking.

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