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490 legal questions have been posted about estate litigation by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Estate Litigation Questions & Legal Answers
Do you have any Estate Litigation questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 490 previously answered Estate Litigation questions.
Estate Litigation
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Recent Legal Answers

Distribution of equity, no will

Answered a year and 3 months ago by attorney Gregory M Lane   |   1 Answer
I see you are posting regarding a matter in NC.  I do not know NC law but in most states distribution of estate assets to Beneficiaries may not commence until a period of time provided by law has elapsed, usually a year.  If all of the debts the deceased left behind are not paid then most lawyers advise that Executors delay distribution until creditor claims have been paid or settled.  This could be the reason for the delay.   You should probably get an attorney to represent you there to find out the reasons for any delay.... Read More
I see you are posting regarding a matter in NC.  I do not know NC law but in most states distribution of estate assets to Beneficiaries may not... Read More

I pay the house taxes and all the bills to the house our father left to me and my sibling , but he don't pay taxes or split them and also doesn't help

Answered 2 years and a month ago by Mark B. Brenner (Unclaimed Profile)   |   1 Answer
You might start by taking the total tax amount you have paid and divide by two assuming that you and your brother have a one half interest in your father's premises.  You might also consider a petition to partition and sell the house and seek an accounting of how the net proceeds of sale are to be divided between you and your brother with a credit to you for what you have paid that was your brother's share of the expenses of maintaining the real estate and paying taxes and utilities.  An accounting also can be sought in the context of an estate proceeding assuming one was ever filed.... Read More
You might start by taking the total tax amount you have paid and divide by two assuming that you and your brother have a one half interest in your... Read More

Hi, my 91-year-old dad has advanced dementia and lives with my sister. He moved in with her on November 6, 2020.

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
The passing of a parent brings out the best or worst in people. The best way to sovle this is sit down with your sister. The conversation is simple: we both love dad, so all of his estate goes to take care of him first, whatever is left should be divided equally among the children. If we both agree to this, we save money on lawyers and keep our family strong. Expenses reasonably related to your dad's care should all be paid. Past that you need a probate attorney try alwyer referal at 800 968 0738.... Read More
The passing of a parent brings out the best or worst in people. The best way to sovle this is sit down with your sister. The conversation is simple:... Read More

Life estate deed holder (but does not own property) no longer at residence, partition house now without their signature?

Answered 8 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no debate on this.  Life estate means life.  If she is alive but in a nursing home, she still owns the life estate.
There is no debate on this.  Life estate means life.  If she is alive but in a nursing home, she still owns the life estate.

probate case; unmarried partner; no will; surviving sisters

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You may be able to bring a petition to determine heirship if you are claiming an interest in his estate.  Contact an attorney in your area for a full consultation.
You may be able to bring a petition to determine heirship if you are claiming an interest in his estate.  Contact an attorney in your area for a... Read More

appeal has been made in a probate case. probate case is finished and final dispensation made. Now there is an appealing for more money from me

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
You're going to have to bring your documents to an attorney to review.  There isn't enough information here to give any guidance.
You're going to have to bring your documents to an attorney to review.  There isn't enough information here to give any guidance.

Estate and inheritance

Answered 8 years and 5 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Dear Ms. Bittick:   You need to go to the courthouse and finish the paperwork necessary to establish title in your name before nine months have passed.   Your father is a thief like any other. How you choose to deal with a family thief is up to you but it is rarely by litigation unless something of high intrinsic worth is stolen or unless you are interested in paying large attorneys' fees to make a point.   Unless you intend to report him to the District Attorney (who may say this is a family matter with which he will not intervene), I recommend you change the locks and get an alarm system.   Good luck.... Read More
Dear Ms. Bittick:   You need to go to the courthouse and finish the paperwork necessary to establish title in your name before nine months... Read More

What is the statute of limitations in NJ to sue an estate over a personal loan

Answered 8 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
You should file a proof of claim in the county in which the person died within 9 months of the date of death.  You will need to have proof of the loan, inlcuding some documentation that it was a loan and not gift. 
You should file a proof of claim in the county in which the person died within 9 months of the date of death.  You will need to have proof of... Read More

what does a life estate look like?

Answered 8 years and 5 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Dear Anonymous:   I assume you probated the will.  If you did not, you need to do so.  No you cannot just sell the property.  The law in our state is not well laid out on what companion's obligations are versus yours.  If you cannot reach an accord, to court you must go.  You might consider mediation, in hope of getting an agreement ironed out.  But you cannot sell the property without the companion's participation. If you have not probate the will yet, you may be able to resolve your issues with the Judge at that time. Good luck to you.... Read More
Dear Anonymous:   I assume you probated the will.  If you did not, you need to do so.  No you cannot just sell the property. ... Read More

I need info on Probate

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Please contact an attorney for a full consultation.
Please contact an attorney for a full consultation.

my aunt passed away and left My nephew, myself and nephew and grand neices to inherit proceeds from selling her properties.

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Was there a probate action filed or a notification of a trust sent out?  Consult with an attorney.  You'll have to give more information.
Was there a probate action filed or a notification of a trust sent out?  Consult with an attorney.  You'll have to give more information.

Who is in titled to to receive money left in bank account if both account holders are deceased

Answered 8 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
The heirs of the last account holder to die.
The heirs of the last account holder to die.

Spinoff stock mine?

Answered 8 years and 6 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
I am assuming that you mean there is a specific bequest (gift to you) of 100 shares of stock.   Unless the gift included language  regarding spin offs, you are likely to only receive the stock as described. However, I am not aware of any law governing this issue and if you have any evidence of a different intent, you might prevail if you challenge it.   If you want to discuss your evidence, evidence needed or challenges to this distribution, I will be happy to explore the matter with you. I will put this ssame information in your repeat question in the wills and probate category. To your success, Gale Allison... Read More
I am assuming that you mean there is a specific bequest (gift to you) of 100 shares of stock.   Unless the gift included language... Read More

missing will

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
If everything they owned was owned jointly, then you do not need to find the will.  If there is something that she owned in her own name, your dad will need to apply to be the administrator of her estate.  You can get assistance in doing that form the Surrogate's Office of the county in which your dad lived at the time of your step mother's death.  ... Read More
If everything they owned was owned jointly, then you do not need to find the will.  If there is something that she owned in her own name, your... Read More

estate

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
I'm sorry for your loss.  There are many factor in play here.  As his surviving wife, he might have owned the property jontly, which means it will just go to her upone his death.  You can look up the ownership of the property at the county clerks office, most of them have the records on line.  You can always challenge the actions taken by the administrator and file with the surrogate's office indicating she falsified the records. ... Read More
I'm sorry for your loss.  There are many factor in play here.  As his surviving wife, he might have owned the property jontly, which means... Read More

What to do when you have the settlement check as the administrator of an Estate? The only immediate survivor lives abroad and has no visa.

Answered 8 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
This is a complex question with many parts.  You will need to open an Estate Account.  To do so you will need an EIN for the Estate.  The check can be deposited.  Creditors have nine months to submit claims, called a proof of claim, against the estate.  If there are no claims against the estate, then payment can be made.  I have distributed estates to beneficiaries that are not US citizens and do not live in the US.  There is no "closing" document for the estate unless you have a bond.  If you have a bond, then you need to get a release from the Beneficiary and file that release in order to get the bond released.  ... Read More
This is a complex question with many parts.  You will need to open an Estate Account.  To do so you will need an EIN for the Estate.... Read More

how can I fight Cure insurance and their decision that my car being stolen was fraud

Answered 8 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
Im not sure that your question pertains to estate law.  
Im not sure that your question pertains to estate law.  

I need to know if I inherit house and am on social services will it be taken away?

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
The short answer is yes.  The long answer is that there are trust devices you can use to get the house and keep your benefits.  It must be done exactly right, but our firm does this all of the time.  Your father must do careful planning.
The short answer is yes.  The long answer is that there are trust devices you can use to get the house and keep your benefits.  It must be... Read More

My deceased parents house in going up for sale in November for back taxes. I am in Philly. How can I stop this?

Answered 8 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Did your parents bequeath the house to anyone via will?  Did ownership pass to anyone via the deed?  The only way to stop the sale is to reach an agreement with the taxing body (bodies) who are owed taxes and who are causing the propety to be sold.  As the to safety deposit box, is your daughter an adult?  if so, then she's the only one who can access it. ... Read More
Did your parents bequeath the house to anyone via will?  Did ownership pass to anyone via the deed?  The only way to stop the sale is to... Read More

What is the deadline for when the Executor of the Will must file in order to get an "Executor fee"?

Answered 8 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
There is no particular deadline.  The first status report concerning the admin of the estate must be filed a year after the estate is opened for probate.  Most estates can be settled w/in that 1 year time frame so most requests for commissions by the personal rep are also settled within that time.... Read More
There is no particular deadline.  The first status report concerning the admin of the estate must be filed a year after the estate is opened for... Read More

My sister is the "Personal Rep" for my mother's will. She did not divide the estate equally, per the will. Is there any action I can take?

Answered 8 years and 7 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
Before the personal representative can distribute the assets of an estate, they must either obtain consent of the beneficiries or the court.  You should have been able to raise any objection that you had before distribution was made.  Did you have that opportunity?  I will also mention that the will governs the disposition of certain assets but not all.  It might be that the uneven distribution was proper because some of the assets distributed were not governed by the contents of the will. You should have an attorney review the details and give you a specific opinion.... Read More
Before the personal representative can distribute the assets of an estate, they must either obtain consent of the beneficiries or the court. ... Read More

How do seprate my land from the other

Answered 8 years and 7 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Sorry but your question is to vague for me to answer.
Sorry but your question is to vague for me to answer.

There is a will made online spiral paper that has only one notary in the state of New Jersey

Answered 8 years and 7 months ago by Charles Hughes Sanford (Unclaimed Profile)   |   1 Answer
Dear Madam, I need more information. Did your mother die in FL? If so, was the will admitted to probate in FL? If not you may need a NJ attorney
Dear Madam, I need more information. Did your mother die in FL? If so, was the will admitted to probate in FL? If not you may need a NJ attorney

What type of lawyer do I need to correct a forged will that conveyed property upon death

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer
If the will was probated, and you had notice at the time, the type of lawyer is a bad one as you have no case.  To undo probate you have to have standing, which means you must benefit from the undoing of the will.  There are statute of limitations issues.  The procedural history here is key.... Read More
If the will was probated, and you had notice at the time, the type of lawyer is a bad one as you have no case.  To undo probate you have to have... Read More

Canadian Executor for NY state relative needs help

Answered 8 years and 7 months ago by attorney Sharon M. Siegel   |   2 Answers
The biggest issue in all of this is whether you have the original will.  Without it, you will have problems.  If you have the original, or know where it is, you do not need the draftsman.  Any lawyer practicing in this area will help.  Like you would for any professional, like a plumber or auto mechanic, interview multiple people, and get comfortable with the fees charged and the results promised.... Read More
The biggest issue in all of this is whether you have the original will.  Without it, you will have problems.  If you have the original, or... Read More
Estate Litigation
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