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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 17
Do you have any Probate questions page 17 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 453 previously answered Probate questions.
Wills and Probate
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Recent Legal Answers

What do I need to do?

Answered 4 years and 10 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile)   |   1 Answer
Your answer depends upon the intestate laws of the state your father died in. You should contact a probate lawyer in that state directly or be more specific in your question. 
Your answer depends upon the intestate laws of the state your father died in. You should contact a probate lawyer in that state directly or be more... Read More

My father just passed. Am I responsible for paying inheritance tax that he neglected to pay?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
The tax must be paid out of his estate, just like any other debt, before anything is distributed to anyone.
The tax must be paid out of his estate, just like any other debt, before anything is distributed to anyone.

What form do I need to file in order to receive reimbursement for out-of-pocket expenses & hours working as an Estate Administrator

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
An attorney must file the Motion and associated proposed Order.
An attorney must file the Motion and associated proposed Order.

Where do I take my husband's will?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Wills are filed with the local probate court.  In Washington State this may be the local district court.  If nothing passes under the Will, it need not be probated.  But you might do well to check with a local probate lawyer:  "joint owners" does not mean "joint tenancy" or "joint with right of survivorship."... Read More
Wills are filed with the local probate court.  In Washington State this may be the local district court.  If nothing passes under the Will,... Read More

How do I get a copy of an estate trust left by my stepmother?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A trust is a private document. You are not entitled to a copy.  But in most states, if you are 25 or older, you are entitled to an annual accounting.  It is too soon after your stepmother's death to expect one.  In any event, if your father left everything to your stepmother, it was hers to do with as she pleased. ... Read More
A trust is a private document. You are not entitled to a copy.  But in most states, if you are 25 or older, you are entitled to an annual... Read More

How do I get a Medallion stamp

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
A bank issues a medallion stamp saying that you are you.
A bank issues a medallion stamp saying that you are you.

How does a person become executor of an estate after receiving a check??

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a local probate lawyer to help you apply to court to probate (prove) the estate and be named executor (if there is a Will) or administrator (if not).
Hire a local probate lawyer to help you apply to court to probate (prove) the estate and be named executor (if there is a Will) or administrator (if... Read More

How do I go about getting this done?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate attorney about filing an application to determine heirship.
Contact a local probate attorney about filing an application to determine heirship.

WHAT SHOULD I DO???

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Contact a local probate lawyer.  You may want to file for a determination of heirship and let her try to prove that the Will is genuine and that the deeds say what she claims they say.  A Will has no legal effect until a court admits it to probate (proving that it is the Will of the person who died.)... Read More
Contact a local probate lawyer.  You may want to file for a determination of heirship and let her try to prove that the Will is genuine and that... Read More

How do u start probate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.
Find the Will and take it to a local probate attorney.  If there is no Will and no recorded deed, you are out of luck.

I need to file a petition to probate the estate and have me appointed administrator. I have 2 siblings

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 
You must be represented by a probate lawyer who practices i the county in which the person lived and died. 

What is the cost of a probate lawyer? And is there someone that helps thats not a lawyer cheaper than a lawyer would charge

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar should have a chart to which you can refer.
You must be represented by a lawyer.  California sets the fees based on the size of the estate.  The local probate court or state bar... Read More

Final Resolution Receipt

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   3 Answers
Final means final.  Don't sign before it is.
Final means final.  Don't sign before it is.

so is a will valid without a notary public, and only sign by the lawyer and anther worker in iowa

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Please take the Will to a local probate lawyer for careful examination.
Please take the Will to a local probate lawyer for careful examination.

Any way I can disperse funds w/out all signatures on informal accounting?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
No.  You may well need to talk with your probate lawyer about a formal proceeding.
No.  You may well need to talk with your probate lawyer about a formal proceeding.

What do I need to do?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You do not say where your father lived and died.  That is the county in which the Will should be probated or, if there is no Will, an heirship proceeding shoul take place.
You do not say where your father lived and died.  That is the county in which the Will should be probated or, if there is no Will, an heirship... Read More

Can I sue my brother for the inheritance he stole.

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Unless you can persuade the court (and a lawyer who would represent you) that you did not know and could not have known about this earlier, you are too late.  Since you were long ago entitled to demand an accounting and request that an executor who did not make distributions be replaced, this would be very difficult.  There is also the cost of litigation to consider.... Read More
Unless you can persuade the court (and a lawyer who would represent you) that you did not know and could not have known about this earlier, you are... Read More

How long to probate a will

Answered 4 years and 10 months ago by Andrew Allen Popp (Unclaimed Profile)   |   1 Answer
The duration of probate depends on many factors including family issues, creditors, taxes, Medicaid (if applicable), and what assets need to go through probate.  While there is generally no time limit for initiating probate, keep in mind that nobody can legally manage any of the assets in the deceased's name until the probate court allows it. ... Read More
The duration of probate depends on many factors including family issues, creditors, taxes, Medicaid (if applicable), and what assets need to go... Read More

Dad passed away 5ys ago and my stepmom passed away 2 months ago. Her son said she left a will and left him everything. What my rights in Texas

Answered 4 years and 10 months ago by Mr. Arthur Harold Geffen (Unclaimed Profile)   |   2 Answers
IT's not clear whether your dad had a will or not.  It is also not clear whether or not his estate (will or not) went thru the probate procedure necessary to clear title to assets in the appropriate beneficiaries.  Without knowing if he had a will or the family tree and whether or not there was a probate proceeding for your dad it is impossible to speculate on what the outcome might be here.  If you dad had a will and left everything to your stepmom, she was within her rights to give it all to whoever she wanted to.   You should contact a local probate lawyer for more fact specific advice.... Read More
IT's not clear whether your dad had a will or not.  It is also not clear whether or not his estate (will or not) went thru the probate procedure... Read More

Executor Responsibilities

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
File an action for wrongful detainer (eviction) in the local small claims/justice of the peace court and hire the sheriff to remove the beneficiary and the beneficiary's possessions to the curb.
File an action for wrongful detainer (eviction) in the local small claims/justice of the peace court and hire the sheriff to remove the beneficiary... Read More

do all wills need to be filed by the lawyer who has the original will after death?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
You may hire any probate lawyer you like.
You may hire any probate lawyer you like.

Do I need an attorney for a Partition Action? If yes, what type?

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Hire a probate attorney who practices in the county in which your grandmother lived and died and her home is located.
Hire a probate attorney who practices in the county in which your grandmother lived and died and her home is located.

How do I know if my Lawyer is legitimate

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
If this person is not registered with the state bar (and you might want to call to make sure), he or she is most likely not a lawyer.
If this person is not registered with the state bar (and you might want to call to make sure), he or she is most likely not a lawyer.

I am an hier but the executor who is not related and a lawyer does NOT talk to me. I call and ask questions and he never returns my calls. How is this

Answered 4 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
The executor and the executor's lawyer have no duty to talk with you.  More than a year after the court appoints the executor (the length of time varies from state to state), a beneficiary may demand an accounting.  This gives the heir time to collect the assets, pay the debts and file the final tax return. ... Read More
The executor and the executor's lawyer have no duty to talk with you.  More than a year after the court appoints the executor (the length of... Read More

Is it safe for me to sign a waiver of personal representatives bond.

Answered 4 years and 10 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.
Wills and Probate
All States

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