Probate Legal Questions

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453 legal questions have been posted about wills and probate by real users. 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.
Probate Questions & Legal Answers - Page 16
Do you have any Probate questions page 16 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 453 previously answered Probate questions.

Recent Legal Answers

Sounds like blackmail, doesn't it?  Pay my asking price or I will live in the property for free.  Fortunately a Suit to Partition can be filed.  If one sister cannot buy out the other at an agreed price, the property must be sold to a third party and the net proceeds split between the two.... Read More
Sounds like blackmail, doesn't it?  Pay my asking price or I will live in the property for free.  Fortunately a Suit to Partition can be... Read More

Do I have to have an attorney to make a will legal?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Wills must be witnessed in a formal ceremony conducted by a notary.  The number of witnesses required varies from state to state.  They should also attach the state's self-proving affidavit, signed, witnessed and notarized. The problem with most self-written and many internet wills is that you don't know what you don't know and can easily omit something required to avoid the will defaulting to an heirship (which is more expensive and may not pass things the way you want) or something your executor will find useful or necessary (such as access to your online accounts) or something which will preserve benefits for a disabled beneficiary, etc.  ... Read More
Wills must be witnessed in a formal ceremony conducted by a notary.  The number of witnesses required varies from state to state.  They... Read More
Although you may have been named in your father's Will, you are not executor until a court a admits the Will to probate (proving that it is the Will of the person who died) and issues you Letters Testamentary (giving you authority over your father's property.)
Although you may have been named in your father's Will, you are not executor until a court a admits the Will to probate (proving that it is the Will... Read More

What are my husband kids entitled to

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
This varies by state.  If you do not get a clear response on this listserv, contact a local estate planning and probate lawyer.
This varies by state.  If you do not get a clear response on this listserv, contact a local estate planning and probate lawyer.
Please accept my condolences on the loss of your parents. As for your question, you may have a case, but in order to have any chance of actually recovering anything you need to hire an estate and trust litigation attorney as soon as possible. I'm sorry for the short answer, but the longer you wait the less chance you have of being able to recover anything even if you win your case. Best wishes to you.... Read More
Please accept my condolences on the loss of your parents. As for your question, you may have a case, but in order to have any chance of actually... Read More
If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance company did not pass to a designated beneficiary but to your mother's estate.  If the estate is more than the maximum allowed for a Small Estate Affidavit in your state, you must probate her estate formally.  Please contact a local probate attorney.... Read More
If the insurance company requires a Small Estates Affidavit or Letters of Administration or Letters Testamentary, the asset held by that insurance... Read More

What to do with my Mothers estate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Ask a local probate attorney to help you submit her Will for probate or, if she had no Will, apply for a determination of heirship and to administer her estate.  By federal law the mortgage lender will not be able to foreclose for six months after the court appoints you executor or administrator.  During that period, you can talk with the lender about taking over the loan or refinancing.... Read More
Ask a local probate attorney to help you submit her Will for probate or, if she had no Will, apply for a determination of heirship and to administer... Read More
Most lawyers would advise you not to probate a Will if there are no assets or debts.  The purpose of probate is to prove that the Will is the Will of the person who died, show what the person owned, pay his debts and distribute the rest according to the Will.
Most lawyers would advise you not to probate a Will if there are no assets or debts.  The purpose of probate is to prove that the Will is the... Read More

Can I win a lawsuit to get family heirlooms?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You can bring a suit for conversion, converting the estate's property to her own.  The sentimental value had better be high:  litigation costs money and, without evidence both of what your grandmother's things were and where they are now, it will be hard to win. You can also file an application to determine heirship, become appointed administrator of the estate and file a Motion for a Turnover Order ordering her to turn the things over at a certain time and place.  While this may be less expensive, if he raised the woman as his own, she may be a fellow heir.  Again, you wil need evidence both of what your grandmother's things were and where they are now.... Read More
You can bring a suit for conversion, converting the estate's property to her own.  The sentimental value had better be high:  litigation... Read More
You know the answer:  it is fraud.
You know the answer:  it is fraud.
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car.  That will last longer anyway.
From your description, the car has great sentimental value but you do not have the money to pay off the loan.  Take a picture of the car. ... Read More

What happens to my vacation club contract when I die?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If the membership is not in the name of the trust, it will pass under your Will.  Your heirs can disclaim all inheritances under the Will wiithin nine months after it is submitted for probate.
If the membership is not in the name of the trust, it will pass under your Will.  Your heirs can disclaim all inheritances under the Will... Read More
Without actually seeing the will, it is difficult to speculate on what might happen.  If i read your question correctily, the person who wrote the will left her property to her 3 children and and 4 grandchildren.  This is an unusual way to bequeath an estate in my experience.  If the will has the correct language, then the additional grandchild will step in as an heir as well.  If it does not, then that additional grandchild is out of luck.   Typically in the situation you describe, a person would leave their estate to all of their children and if a child was dead and left children, that child's share would pass to his or her children.  If that's what the will says then in all likelihood the after born grandchild is probably an heir as well. You would be best advised to seek legal counsel.... Read More
Without actually seeing the will, it is difficult to speculate on what might happen.  If i read your question correctily, the person who wrote... Read More
You may have a claim for unpaid wages.  See a local employment lawyer.
You may have a claim for unpaid wages.  See a local employment lawyer.
Neither occupancy nor paying taxes confers ownership.  If the title company will accept it, your grandmother may be able to file an Affidavit of Heirship.  The title company might draft it for her.  Remember that if she was not an only child, your grandmother is not the only heir.  But she may have a claim against any other heir for paying the taxes, etc.... Read More
Neither occupancy nor paying taxes confers ownership.  If the title company will accept it, your grandmother may be able to file an Affidavit of... Read More

what is the average cost to do a will ?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
This varies with location, lawyer and the nature of the estate planning.  Call around.
This varies with location, lawyer and the nature of the estate planning.  Call around.

How do I apply for muniment of title in Texas?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Presenting a death certificate will not transfer title.  Your father must be represented by an attorney and go through an abbreviated probate proceeding to probate the Will as a Muniment of Title.  If there is no Will, there must be an heirship proceeding.
Presenting a death certificate will not transfer title.  Your father must be represented by an attorney and go through an abbreviated probate... Read More

What rights do children have after fatherโ€™s death?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate attorney.
Contact a local probate attorney.

How do I find out if a will was probated

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
This sounds bogus...though your friend, as well, may be being scammed.  If you decide to loan the money, note that you cannot put a lien on or make a claim against the estate.  At best you can get a prommissory note from your friend and sue her for that, knowing that the money is probably long gone.  As Shakespeare wrote, "Neither a borrower nor a lender be for money often loses both itself and friend."... Read More
This sounds bogus...though your friend, as well, may be being scammed.  If you decide to loan the money, note that you cannot put a lien on or... Read More

Verify/authenticate a will/a person's inheritance

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
When a Will is submitted for probate, it becomes a public document.  If there is no Will, the Judgment of Heirship will state the proportions of property passing to the various heirs.  Check the county probate records.  As to actual amounts, generally over a year must pass before a beneficiary or heir is entitled to seek an accounting.  This gives the person settling the estate some time to gather assets, pay bill and submit the final tax return.... Read More
When a Will is submitted for probate, it becomes a public document.  If there is no Will, the Judgment of Heirship will state the proportions of... Read More

whats the out come of a certain case

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Check with the local probate court.
Check with the local probate court.
A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the local probate court.  If your mother died over a month ago and the Will has not been submitted for probate, there may have been no Will or someone may need an incentive to submit it.  Hire a local probate lawyer to help you file an application to determine heirship and be appointed to administer your mother's estate.... Read More
A Will becomes a public document when it is submitted to a court for probate (proving that it is the Will of the person who died).  Check the... Read More

probate issues

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate attorney who practices in the county.  You may find one here or on your state bar's website.
Hire a probate attorney who practices in the county.  You may find one here or on your state bar's website.

can a waiver of interest in summery administration be undone

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Discuss this with a local probate attorney, going into detail about the circumstances.
Discuss this with a local probate attorney, going into detail about the circumstances.

What are Florida Attorneys Fiduciary Dutyโ€™s?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A lawyer's fiduciary duty is to his client, not to the beneficiaries under a Will.
A lawyer's fiduciary duty is to his client, not to the beneficiaries under a Will.