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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 - Page 5
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Recent Legal Answers

My dad passed away and I have two siblings who live in Ohio my father and I live here in California I emptied out his bank accounts before they froze

Answered 9 years and 2 months ago by attorney Jonathan Howell   |   1 Answer
Hi Brittany, Were you named on the bank accounts as well? If not and there is no will, your siblings would have a right to share in the money that was in your father's accounts. Did your father have any other assets? Thanks, Jon
Hi Brittany, Were you named on the bank accounts as well? If not and there is no will, your siblings would have a right to share in the money that... Read More

Im a beneficiary of an estate in New York State where the Will and Trust were drafted. I reside in Florida.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends on the type of trust and the manner you received the accounting.  If it is a testamentary trust and/or it is a court ordered accounting, you will recieve a citation to approve it in court, and you must object by then.
It depends on the type of trust and the manner you received the accounting.  If it is a testamentary trust and/or it is a court ordered... Read More

I have a Holographic will that my mother signed, she could not write very well due to her health but she was able to sign the holographic is that good

Answered 9 years and 2 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
In order to have a valid holographic will, it must be in the testator's handwriting and signed by her.  If it is not in her handwriting, then it must be signed by two witnesses, in addition to the testator.
In order to have a valid holographic will, it must be in the testator's handwriting and signed by her.  If it is not in her handwriting, then it... Read More

if wife dies 2 hours before husband who's kids gets the the estate hers or his

Answered 9 years and 2 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
First, if there are wills, then the wilks will dictate who gets what.  If there are no wills, the wife's estate will be divided among her husband and her children. The husband's children will take all of his estate.
First, if there are wills, then the wilks will dictate who gets what.  If there are no wills, the wife's estate will be divided among her... Read More

What to do if Lawyer do not respond for a month?

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
Your option is to fire the lawyer or continue with the lawyer.  While non-responsiveness is an ethical violation, filing an ethics grievance will only cause the lawyer to withdraw from the case, and you may not win the grievance.
Your option is to fire the lawyer or continue with the lawyer.  While non-responsiveness is an ethical violation, filing an ethics grievance... Read More

I need to force my sister , who is the executrix of our mothers estate , to provide me with an accounting of the estate.

Answered 9 years and 2 months ago by attorney Sharon M. Siegel   |   1 Answer
It is a petition you need to file in Surrogate's Court.  We do them all the time.  No problem.
It is a petition you need to file in Surrogate's Court.  We do them all the time.  No problem.

Who gets my dad's pension?

Answered 9 years and 2 months ago by Kevin Spencer (Unclaimed Profile)   |   1 Answer
If the pension was an ERISA plan, then the beneficiary or beneficiaries named is the person or are the persons that get the benefit, regardless of the Decedent's marital status.  If it passes to  you and your brothers, then you all will need to claim the proceeds.  If you all disclaim, then there will be a hierarchy of persons that take, which will culminate in your dad's Estate receiving the proceeds. In such case, the pension will then pass according to his Will, i.e., to your step-mom.  There is some legal wrangling that must take place and you have to coordinate with the pension plan administrator.  I recommend you hire an attorney to help you with the process. Sincerely, Kevin Spencer www.spencerlawpc.com (214) 965-9999... Read More
If the pension was an ERISA plan, then the beneficiary or beneficiaries named is the person or are the persons that get the benefit, regardless of... Read More

Can attorney send first bill, close to $12,000, after 8 years?

Answered 9 years and 3 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
If the matter is still ongoing, then it is possible that the first bill is just now being sent.  Although not my way of practicing, there could be many underlying reasons for the billing to occur this way.  If the matter has been closed for more than 6 years, it is too late for the attorney to send you a bill. ... Read More
If the matter is still ongoing, then it is possible that the first bill is just now being sent.  Although not my way of practicing, there could... Read More

A sibling dispute over a 50% share of deceased fathers estate in Livingston. Sister - executor listed house for sale, how can I force a private sale?

Answered 9 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
If your sister does not cooperate, you may need to file a complaint with the court demanding the right to purchase the asset from the estate.  If there is a private sale, then the realtor's fee is avoided and the price should be less.  Also your share of the house is already owned by you so you are just buying out your other siblings.  My office is too far south in New Jersey for me to take this matter.  Look at Lawyers.com for an elder law attorney in the Livingston area to help you. ... Read More
If your sister does not cooperate, you may need to file a complaint with the court demanding the right to purchase the asset from the estate.... Read More

My father is dying in hospice. My younger brother who is a real SOB has managed to manipulate his name on my fathers will.

Answered 9 years and 3 months ago by attorney Jonathan Howell   |   1 Answer
If your brother will not voluntarily provide you with a copy of the will you may have to file a lawsuit to compel him to do so. Are you still seeing your father and is he able to communicate?
If your brother will not voluntarily provide you with a copy of the will you may have to file a lawsuit to compel him to do so. Are you still seeing... Read More

Is this estate issue worth pursuing in court?

Answered 9 years and 4 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
I can't answer the question that you pose because there are to many unknown factors.
I can't answer the question that you pose because there are to many unknown factors.

I have a father or who has just passed away almost two years ago, if I know I was in my father's last will and testament and even my father's lawyer

Answered 9 years and 4 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
You urgently need to contact a probate lawyer whether local or not. Any lawyer  If I knew which county your father lived in, I might could provide additional insight for you.
You urgently need to contact a probate lawyer whether local or not. Any lawyer  If I knew which county your father lived in, I might could... Read More

What do my sons do?

Answered 9 years and 4 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
Your boys need to hire a probate attorney immediately.  If the marriage was improepr because he was still married to you, your ex-husband's children are his only heirs.  If your boys are minors, thbey have added rights that need to be protected.  If they are adults, they are simply heirs.... Read More
Your boys need to hire a probate attorney immediately.  If the marriage was improepr because he was still married to you, your ex-husband's... Read More

Our the children responsible for a parents medical bills after they die?

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
The adult children are not responsible, unless the adult child signed an admissions agreement agreeing to pay if insusrance was not available.  There are some states that try to impose some kind of liability for the children, but not NEw Jersey.  
The adult children are not responsible, unless the adult child signed an admissions agreement agreeing to pay if insusrance was not available.... Read More

Estate left after death, someone moved in, sold to squatter in Costa Rica.

Answered 9 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Assuming that the land is in Costa Rica, you would need to consult with an attorney in Costa Rica to ask what the laws are for that country.
Assuming that the land is in Costa Rica, you would need to consult with an attorney in Costa Rica to ask what the laws are for that country.

My daughters died recently need to obtain power of attorney

Answered 9 years and 5 months ago by Charles Hughes Sanford (Unclaimed Profile)   |   1 Answer
Dear Sir,   A power of attorney is ineffective if the principal(s) have died. You may need to probate their estates and get appointed as persononal representative instead. Need more infor to give you proper advice though.
Dear Sir,   A power of attorney is ineffective if the principal(s) have died. You may need to probate their estates and get appointed as... Read More

Need free consultation from a private lawyer that I could possible use in a probate case coming up in 10/21 please help

Answered 9 years and 5 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer
Have you already filed a probate petition?  Please contact an attorney for a consultation.  Thank you.
Have you already filed a probate petition?  Please contact an attorney for a consultation.  Thank you.

Is it possible to get my grandparents estate and how do i go about it?

Answered 9 years and 5 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
Any heir or creditor can file to have a permanent administrator appointed.  If your parent who was related to your grandmother and grandfather has passed away, you stand in that parent’s shoes.  So, you are on equal ground with your aunt.  Either can apply to be appointed administrator. The court will decide who can be the administrator if more than one person wants to be the administrator.  Administrators have to gather all of the assets, sell enough assets to pay off the debts, and distribute the remaining assets to all the heirs.  Of course, all of the assets can be sold and the proceeds divided after the payment of all debts.  To apply for administration, you should go to the probate court in the county where your grandparents lived and file a Petition to Appoint Administrator.  That form is available at the probate court.... Read More
Any heir or creditor can file to have a permanent administrator appointed.  If your parent who was related to your grandmother and grandfather... Read More

How to get deed in your name for deceased relative if pay back taxes

Answered 9 years and 5 months ago by Mr Robert W. Hughes, Jr. (Unclaimed Profile)   |   1 Answer
I assume that your grandfather's estate has never been opened.  Because of that, no one has paid the taxes.  While I do not know who his heirs are, if I were you, I would file a petition to appoint administrator and ask that you be appointed.  You should pay the taxes.  You can then sell the land to reimburse yourself for the taxes you paid.    Otherwise, you can simply show up at the tax sale and buy the property.    ... Read More
I assume that your grandfather's estate has never been opened.  Because of that, no one has paid the taxes.  While I do not know who his... Read More

My stepson is suing my wife and I regarding a Trust.

Answered 9 years and 5 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Yes he can file bankruptcy and probably have any attorney fees that awarded against him be discharged. However, punitive damages are not dischargeable in bankruptcy. If you file a counterclaim, be sure that you ask for punitive damages.
Yes he can file bankruptcy and probably have any attorney fees that awarded against him be discharged. However, punitive damages are not... Read More

Does cosigner get house if borrower dies before paying mortgae off?

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
Being a cosigned is not the same as being a co-owner. You have to look at how the trailer was titled to determine if it goes into her estate.
Being a cosigned is not the same as being a co-owner. You have to look at how the trailer was titled to determine if it goes into her estate.

My mother died and I am in the will am I entitled to see the asset sheet and how long before the will should be probated

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
There is no time limit on probate.  The probate petition, when filed, will contain a list of assets.  Call the executor and ask.
There is no time limit on probate.  The probate petition, when filed, will contain a list of assets.  Call the executor and ask.

Brother in law died his mother lent house to his wife do his children have any legal claim to grandmother house

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer
It depends who owns the house.  You call it his house and grandmother's house, so it is unclear which estate you are referring to and who owns the house.
It depends who owns the house.  You call it his house and grandmother's house, so it is unclear which estate you are referring to and who owns... Read More

How do I sue for capital of company when husband dies and was 1/3 owner of business.

Answered 9 years and 6 months ago by attorney Jonathan Howell   |   1 Answer
When did your husband pass away? Often times the governing document of a business like this will have specific instructions regarding how a deceased person's interest in the business is to be handled.  Is the company still operating and do you know if the company owns assets? Do you know how the company was organized (corporation, partnership, LLC)? Happy to help, but need a bit more info.  Thanks,Jon... Read More
When did your husband pass away? Often times the governing document of a business like this will have specific instructions regarding how a deceased... Read More

How do I prevent Beneficiary Fraud when the trustee won't share any information on the trust asset values?

Answered 9 years and 7 months ago by attorney Jonathan Howell   |   1 Answer
The trustee is required under the law to account to the beneficiaries in a number of situations, including within 60 days of receipt of a written request from a beneficiary demanding an account.  Let me know if I can be of assistance. 
The trustee is required under the law to account to the beneficiaries in a number of situations, including within 60 days of receipt of a written... Read More
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