Probate Legal Questions

Yes, you must complete all of the estate administration tasks before filing a petition for discharge of a personal representative. That includes filing all needed federal and state income tax returns for the decedent and the estate. You may be able to make partial distributions before you file the tax returns, but you must file the tax returns before you close the estate.... Read More

I strongly advise obtaining an estate attorney to represent you as a beneficiary.  The first step any such attorney will take is to review the docket and pleadings.  That way, this and any future questions can be answered promptly and allow you to have peace of mind during the process.   I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

Hello.  Yes, a "piece of paper" may be a valid will.  It has to be signed but not notarized; even better if written in the deceased's own hand.  This is called a "Holographic" will in CA.  Do you have a copy of this paper?  If so, you may be able to petition the court for probate of your Aunt's estate.... Read More

The quick answer is no, but legal representation is strongly advised, especially considering the relatively low cost.  A Will must be in writing and signed before 2 witnesses who must also acknowledge the same.  The best practice, is to have this all accomplished before a notary to assure the witnesses will never have to appear in court.    I trust this answers your questions, but you are welcome to call or email me on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

A deed to a property listing multiple joint tenants with rights of survivorship will take precedence over a will that leaves that same property to another party. It is not clear from your facts who holds title to the property, i.e. who is listed on the deed, and who is named as a beneficiary under your grandma's will. You should take all those documents to an attorney in your state for his legal analysis. ... Read More

If a person dies without a will, then under most state laws, the property of the decedent would pass under intestate succession. This means that the property would pass to the blood relatives that are closest to the decedent, which would be the wife and any children that the decedent had. If the decedent cut you out of the will, then under most state laws you would be entitled to nothing. ... Read More

A Power of Attorney only allows the agent, working for whomever authorized it, to take actions on behalf of a living person.  Once that person dies, the Power becomes null and void.   There are 2 methods to administer a decedents estate, with a will or without one.  In the former case, you must possess the original will signed by 2 witnesses and notarized.  If that cant be found, an estate can be opened without one.  However, the beneficiaries will be governed by intestacy laws which dictate who may inherit.  I trust this answers your questions, but do not hesitate to call or email me on a free initial basis.   Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read More

I am sorry to hear of your loss.  I know this is a difficult and confusion process, but our attorneys are experienced in the probate law and can assist you with this complex process.  Please call Green Country Law Group at 918-456-6113 and be prepared to provide your full contact information so that we can provide the documents necessary to establish the attorney-client relationship.... Read More

I am very sorry to hear of the loss of your parents.  I realize this is a difficult and confusing time.  In order to answer your question, I would have to know more.  Issues such as these require a review of the types of assets and the types of ownership.  For instance, real property (land and homes) can be owned in joint tenancy or tenancy in common.  Joint tenancy does not require probate, while the other will. Please call Green Country Law Group at 918-456-6113 and leave your relevant information for further legal guidance once an attorney-client relationship has been established.        ... Read More

Whether or not your children have rights to their dad's property, would depend upon whether or not Dad had a will or not.  If he had a will and it was probated, my guess is that he probably left everything to his new wife.  If not, depending on the family tree, your children could be entitled to a share of the property.  Either way someone has to go to court (Probate Court) to have the heirs determined if there is no will.... Read More

Ownership of the property is still in the name of your grandfather based upon the facts you recited.  Even though your parent's paid the tax, the property was never theirs.  In addition, the property is not owned by you and your siblings or whoever are the heirs of your grandfather.  The only way to straighten this out is in Probate Court in the county in which your grandfather died.  It will be an heirship proceeding and likely to be complicated based upon your writing.... Read More

Please accept my condolences on the loss of your relative. As for your question: If your cousin is nominated as Executor by the Will but the Will has not been offered for probate, then your cousin is not the Executor. You are only an Executor once a Will has been admitted to probate and the Executor appointed, sworn in, and issued appropriate paperwork. If you don't think that your cousin is going to be a good choice to handle the estate, then you may be able to challenge his nomination as the Executor. You may also be able to petition the probate court to compel him to produce the Will if he has not yet turned it over to the court. Contact the appropriate probate court and make sure whether the Will has been filed or not; if it hasn't, then you should contact an attorney and have the attorney help you with any further court actions to compel production of the Will or challenge the Executor's appointment. These are not good actions for self-help. Best wishes to you.... Read More

In cases like yours, where you may not have a good individual choice for Executor, I often suggest using a corporate fiduciary. This is either a bank or brokerage affilated trust department or an independent trust company. The actual costs will vary depending on what services they actually end up providing, but I think it's money well spent in many cases. If you have questions about potential fees, you should contact potential providers directly. Please note: In most cases, individuals are also entitled to fees for serving as Executor (or Trustee) and those fees can end up being in the same range as the fees charged by a corporate fiduciary. However, in many cases it is the individual fiduciary who ends up making mistakes or just not getting things done, so you can end up paying for worse service. Corporate fiduciaries aren't for everyone, but they are definitely for some people. Have an experienced estate planning attorney help you consider your estate planning. The attorney will generally have worked with a number of corporate fiduciaries and can often help you find some good options to consider and choose from. Best wishes to you.... Read More

Your husband needs to have his Will reviewed, to make sure it remained valid after your marriage and that it is validly prepared and executed. He will also need to make sure that he has any beneficiary designations up-to-date so that you are named as the primary beneficiary. Ideally, you should also have estate planning done for yourself. Any time you've had a major life event like a marriage, it's a good idea to get an estate planning consultation with an experienced estate planning attorney. That's the best way to be sure that you have a plan in place and that it will work the way you intend it to if a death or disability happens. Best wishes to you.... Read More

Let's get the terminology strait so you understand what you are dealing with.  An Enhanced Life Estate is normally associated with something called a Lady Bird Deed.  If your parents executed a Lady Bird Deed, then this is how it should have looked.  They deeded the entire property to you but reserved to themselves an Enhanced Life Estate, meaning they could live there and take care of the property, etc, until the survivor of them died.  When the survivor died, there was no more life estate and all ownership interests passed to you.  I would suggest you check with the county taxing authority to see if the deed was filed prior to their death.  If it was, then you now own the property.  You might have to show the death certificates to clear that up. If the deed was not filed before their death then it is too late to use it and you will have to go through a probate proceeding to clear title.  IF you are not their only heir, you may have issues.... Read More

Please accept my condolences on the loss of your daughter. As for your question, if your daughter truly had no assets, only debts, then you likely do not need to open an estate for her. Just abandon any assets that she did have, tell any creditors that you know of that she has passed on but that no estate will be opened because there are no assets and so there will be no administrator or executor, and that's it. If she did have a Will, you need to file the original Will for informational purposes only with the appropriate probate court, as required by Georgia law, if you have the original Will. If she did not have a Will, then there may be no need to do anything. Essentially, you need to open an estate for someone if they have assets that need to be dealt with. "Assets" includes the usual items like real estate, a car, personal possession, and bank or brokerage accounts. It could also include a right to receive money, such as money from a lawsuit, a tax refund, or an asset sale. If someone truly has no assets, or if the assets they have are worth less than the debts they owe, then can be the best course of action for the family members who survive them NOT to do anything with the estate. Please note, however: If you really want to know what you may need to do, you should consult an attorney. This forum is not a substitute for an actual consultation with an attorney, because no one in this forum can actually ask you the questions and get the information needed to be sure that they are giving you the right advice. But it is possible that you may not need to open your daughter's estate. Best wishes to you.... Read More