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District of Columbia Probate Legal Questions

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8 legal questions have been posted about wills and probate by real users in District of Columbia. 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 safe for me to sign a waiver of personal representatives bond.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
Discuss the entire situation and show all the documents with an experienced probate attorney.
Discuss the entire situation and show all the documents with an experienced probate attorney.

Who is next of kin when someone dies without a will and property needs to be divided....

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Heirship varies slightly state-to-state, which may be why you are getting different answers.  Please talk with a probate attorney who practices in the district.  You will need to be represented by an attorney to settle her estate.
Heirship varies slightly state-to-state, which may be why you are getting different answers.  Please talk with a probate attorney who practices... Read More

If your mother die who will be over her estate

Answered 7 years and 10 months ago by Ms. Fehintola Folasade Oguntebi (Unclaimed Profile)   |   1 Answer
It depends, did she have a will? If not if all the heirs at law agree and grandson has no felony, he could be. Of course he has to be over a certain age, you could check with your probate court as to what age you must be to be a Personal Representative.
It depends, did she have a will? If not if all the heirs at law agree and grandson has no felony, he could be. Of course he has to be over a certain... Read More

What kind of lawyer do I need for wills??

Answered 9 years and 3 months ago by Beverly Henderson (Unclaimed Profile)   |   1 Answer
It depends on what you are hoping to accomplish. Some people want to probate a will. For Probate Administration you would need an attorney familiar with the probate procedure and descent  in the particular state. Whereas any lawyer licensed in the particular state may be able to draft the will, you would want someone familiar with the laws of descent in your state. Other factors are involved for instance if there is out-of -state property.... Read More
It depends on what you are hoping to accomplish. Some people want to probate a will. For Probate Administration you would need an attorney familiar... Read More

My sister refuses to disclose any probate car file info or the will of my deceased mother....I have case file number and will number. Representation?

Answered 9 years and 3 months ago by Beverly Henderson (Unclaimed Profile)   |   1 Answer
This response is intended a general information only and no attorney-client relationship is being formed.   According to DC Code Section 20:701 (a), you, the beneficiary are an interested person in the estate. As an interested person you may at any time petition the Court for an Order resolving a controversy arising in the course of the administration of the decedent's estate. Your sister is required to account to you at appropriate intervals on the administration of the estate. You are entitled to an accounting. A personal representative can be removed if she breaches her fiduciary duty.... Read More
This response is intended a general information only and no attorney-client relationship is being formed.   According to DC Code Section... Read More

Should I probate my mother's estate?

Answered 9 years and 3 months ago by Beverly Henderson (Unclaimed Profile)   |   1 Answer
This response is intended as general information only and no attorney-client relationship is being formed.   Generally, "powers of attorney" are revoked after the death of the grantor. Actions taken after the death of the grantor generally can be set aside. However since you knew the grantor was deceased and used the power of attorney, equitable remedies may prevent you from benefitting from the transaction. The re-financed loan may be held to be enforceable under equitable principles of unjust enrichment or other equitable remedies. Many factors have to be considered in such a case. There is no "one" answer. If your mother's only assets was her home, title may have passed to you subject to paying off the mortgage. However other possibilities exist. The original mortgage may have converted the joint tenancy into a tenancy in common. Without reading all the documents involved, no definite answer can be given. Also consider, that with the help of a lawyer, the Mortgage Company may be willing to reach some lower settlement of the unpaid mortgage.  ... Read More
This response is intended as general information only and no attorney-client relationship is being formed.   Generally, "powers of attorney"... Read More

Do I need to go to probate if I am the beneficiary and executor of a will?

Answered 9 years and 3 months ago by Beverly Henderson (Unclaimed Profile)   |   1 Answer
In the District of Columbia, legal title to property does not pass directly to heirs. It is passed to the personal representative. To obtain property given to you under a will, most likely you will need to go to probate. See, DC Code Section 20: 105. This response is inteneded as general information only and no attorney-client relationship is being formed.... Read More
In the District of Columbia, legal title to property does not pass directly to heirs. It is passed to the personal representative. To obtain property... Read More

can the adopted child receive the whole will will if there is a blood grandchild living but will states adopted child only

Answered 13 years and 8 months ago by Ellen S. Kingsley (Unclaimed Profile)   |   1 Answer
Yes.
Yes.
Wills and Probate
District of Columbia

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