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Alaska Probate Legal Questions

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11 legal [2, *]questions have been posted about wills and probate by real users in Alaska. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.

Is it legal to claim money from a deceased persons bank acct. just because you have the same last name and there is no will or anyone that can claimit

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You know the answer:  it is fraud.
You know the answer:  it is fraud.

Do I need to go trough probate for my deceased mother?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Depending on the value, you may be able to use an Affidavit of Heirship or Small Estate Affidavit or may need to open a probate estate.  Please contact a local probate attorney.
Depending on the value, you may be able to use an Affidavit of Heirship or Small Estate Affidavit or may need to open a probate estate.  Please... Read Answer

Can I withhold or altogether disinherit my sibling's inheritance if he won't respond to any paperwork?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   2 Answers
Terry Lynn Garrett
No.  You cannot legally withhold an inheritance or disinherit an heir.  Since the sibling will not sign a Small Estate Affidavit, you must file an application for determination of heirship and if, as expected, your sibling does not sign agreeing that you will be administrator, have him served by a constable.  You will need a local probate attorney to guide you through the process.... Read Answer
No.  You cannot legally withhold an inheritance or disinherit an heir.  Since the sibling will not sign a Small Estate Affidavit, you must... Read Answer

Am I entitled to half the proceeds of the house?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If the divorce decree gave you a half-interest in the house or the proceeds from its sale, at some point you will have to sue for partition, forcing a sale.  Please contact a probate attorney who practices in the county in which your ex-husband died.
If the divorce decree gave you a half-interest in the house or the proceeds from its sale, at some point you will have to sue for partition, forcing... Read Answer

Should my children be getting anything from my ex-husband's estate?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Please contact a the clerk of the probate court in the county in which your ex-husband died.   If the widow has been appointed executor, there was a Will, which may well have left her everything.  Once a Will is submitted for probate (proving that it is the Will of the person who died), it becomes a public document.... Read Answer
Please contact a the clerk of the probate court in the county in which your ex-husband died.   If the widow has been appointed executor,... Read Answer

Who handles the estate when there is an ex wife and minor child?

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If your son left no Will, any interested party may apply to settle his estate.  If he left a child, it is highly unlikely that you, no the child, are his legal heir.  Please talk with a probate attorney who practices in the county in which he lived and died.
If your son left no Will, any interested party may apply to settle his estate.  If he left a child, it is highly unlikely that you, no the... Read Answer

My mothrr passed away in april 2020 with me, her daughter being POA will alive ,but passed before she had will certified. What happens to her finances

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The POA expired with your mother. Hire a local probate attorney to help you file an application to determine heirship and be appointed to administer the estate.  
The POA expired with your mother. Hire a local probate attorney to help you file an application to determine heirship and be appointed to administer... Read Answer

My cousin passed, left a will to a friend of hers (with late stage dementia now). I am listed next in line. Can she still inherit everything?

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The friend can now inherit.  She is not dead.
The friend can now inherit.  She is not dead.

What about challenging a will in a different state?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer
William R. Pelger
First i don't know WA or AK law, so follow up with a local attorney. My thoughts are if you wish to have the will challenged, you probably need a doctor to opine that at the time it was signed by dad he was incompetent. For example, on medication, had alzheimers, etc. In my state you would definately need that to prove he was incompetent at the time. Proving undue influence would require witnesses to say your brother misled, bullied, corerced, or manipulated your dad into signing. Unless you have credible witnesses to support that, it would be difficult. I would consult with a lawyer where you live or in AK to advise further. ... Read Answer
First i don't know WA or AK law, so follow up with a local attorney. My thoughts are if you wish to have the will challenged, you probably need a... Read Answer

What happens to the estate of a person with no will?

Answered 13 years and 2 months ago by Israel Lynda Kunin (Unclaimed Profile)   |   1 Answer
no photo
The intestate laws of the state of decedent's death control.  
The intestate laws of the state of decedent's death control.  

person, a legal resident of Alaska, owns real estate in three States--Alaska, Washington (state),and Florida--died while temporarily living in Florida

Answered 14 years and 5 months ago by John Palley (Unclaimed Profile)   |   1 Answer
Wow that's a tough one. There will be some sort of probate action in each state that real estate was owned. The main question is where to start.  The question of one's legal residence becomes the key issue. If Florida was truly temporary then I would probably start in Alaska and make that the domiciliary estate.  Then I would open ancillary probates in Washington and Florida.  I would suggest you talk to a Florida probate attorney as well as an Alaska probate attorney to determine if there are advantages to starting the probate in one state versus the other. You have a complex situation on your hand. Too bad the decedent didn't have a living trust as that would have saved a lot of trouble here!  Good luck to you.  ... Read Answer
Wow that's a tough one. There will be some sort of probate action in each state that real estate was owned. The main question is where to... Read Answer
Wills and Probate
Alaska

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