Probate Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Probate Questions & Answers
Q: My dad died with no will I've lived in the house with him the last 10 years can I get house
Richard Samuel Price's answer
The house will have to pass under the laws of intestacy. If your father was married at the time of his death, then his spouse will most likely take the house. If your father wasn't married, then it will go to all of his children, or if any children predeceased him, then to those grandchildren of the predeceased children.
The house will have to pass under the laws of intestacy. If your father was married at the time of his death, then his spouse will most likely take the house. If your father wasn't married, then it will go to all of his children, or if any children predeceased him, then to those grandchildren of the predeceased children.
Q: Did not notify the Franchise Tax Board in a timely manner, what do I do?
Richard Samuel Price's answer
You can send out notice now and it will just delay when you can do the final distribution. There isn't a financial penalty for not it on time.
You can send out notice now and it will just delay when you can do the final distribution. There isn't a financial penalty for not it on time.
Q: Aunt died will is missing survivor is sister is she entitled
Richard Samuel Price's answer
There is a presumption that when a will is missing, then the decedent destroyed it with the intent to revoke it. If that isn't the case, then you will have to overcome that presumption.
There is a presumption that when a will is missing, then the decedent destroyed it with the intent to revoke it. If that isn't the case, then you will have to overcome that presumption.
Q: My grandfather passed away last year. My aunt is listed as executor. She has not filed probate but dispersed all assets
Richard Samuel Price's answer
Whether or not a probate action is required depends on the type of asset and its value. There is a simplified procedure for the transfer of real estate valued less than $50,000. There are also procedures in probate court to deal with the emergency of a foreclosure. Consult an attorney for a full consultation.
Whether or not a probate action is required depends on the type of asset and its value. There is a simplified procedure for the transfer of real estate valued less than $50,000. There are also procedures in probate court to deal with the emergency of a foreclosure. Consult an attorney for a full consultation.
Q: Do I need an attorney? my parents and siblings are all deceased. My mom gave me two cemetery plots before she passed
Richard Samuel Price's answer
If your mother didn't have a will, then your niece is also an heir to her estate, as are any other children of your predeceased siblings. If all of the heirs cannot agree to a distribution of the estate, then you will need to file a petition in probate.
If your mother didn't have a will, then your niece is also an heir to her estate, as are any other children of your predeceased siblings. If all of the heirs cannot agree to a distribution of the estate, then you will need to file a petition in probate.
Q: Does FTB have 18 months after letters are issued to file a claim, or is it the 4 months?
Richard Samuel Price's answer
The 120 day rule for creditors does not apply to the Franchise Tax Board.
The 120 day rule for creditors does not apply to the Franchise Tax Board.
Q: My Mother passed away July 2009. Probate is still open. How long does probate stay open in the state of Florida?
Richard Samuel Price's answer
I'm sorry, but Florida law applies to a Florida probate action. Please repost your question under Florida law.
I'm sorry, but Florida law applies to a Florida probate action. Please repost your question under Florida law.
Q: If I was given my grandmas car by the executor of the will and put it in my name can it still go to probate?
Richard Samuel Price's answer
If you were given the car, then you can keep it unless the estate is insolvent and needs that car to pay its debts. Then, you would be liable for up to the value of the car.
If you were given the car, then you can keep it unless the estate is insolvent and needs that car to pay its debts. Then, you would be liable for up to the value of the car.
Q: mother died in NJ had a last will ( 4 inheritors) PR. Do we need to declare inheritors? She Resided last NJ.
Leonard R. Boyer's answer
Everyone has to be declared. You should retain a Probate attorney to handle this matter for you. Good luck.
Everyone has to be declared. You should retain a Probate attorney to handle this matter for you. Good luck.
Q: heirship question in regards to Florida law
1 Answer
| Asked
in
Energy, Oil and Gas, Estate Planning and Probate
for
Florida
on
Answered on Mar 30, 2016
Answered on Mar 30, 2016
Terrence H Thorgaard's answer
The mineral rights, as well as anything else in Peggy's estate, pass to her intestate heirs, who would be her children as well as Tom (or his estate).
The mineral rights, as well as anything else in Peggy's estate, pass to her intestate heirs, who would be her children as well as Tom (or his estate).
Q: i want to do a Probate-decedents estates of my step fathers that was at one time my parents all are gone with no will
Richard Samuel Price's answer
The right to the house depends on who the beneficiary is of your step-father's estate. If your step father had a will or trust, then that will control. Otherwise, the laws of intestate succession will determine who the heir of the estate is. Unfortunately, it usually does not include step children, unless you were adopted or for some reason you couldn't be adopted.
The right to the house depends on who the beneficiary is of your step-father's estate. If your step father had a will or trust, then that will control. Otherwise, the laws of intestate succession will determine who the heir of the estate is. Unfortunately, it usually does not include step children, unless you were adopted or for some reason you couldn't be adopted.
Q: i want to do a Probate-decedents estates of my step fathers that was at one time my parents all are gone with no will
Richard Samuel Price's answer
You should first determine who the beneficiary of your step-father's estate would be. If you were not adopted by him, then you would only be a beneficiary under certain circumstances. Contact a local attorney for a full consultation.
You should first determine who the beneficiary of your step-father's estate would be. If you were not adopted by him, then you would only be a beneficiary under certain circumstances. Contact a local attorney for a full consultation.
Q: I'm executor of FatherInLaw's will in Ga. I live in another state. Can I hire probate attorney to probate will for me?
Julie A. Rice's answer
Yes, and it would be in your best interest to hire an attorney. Yes, the attorney's fees come out of the estate.
Yes, and it would be in your best interest to hire an attorney. Yes, the attorney's fees come out of the estate.
Q: Our parents died left the house to all 9 siblings. One of which is dead we want to give our dead siblings share to their
Richard Samuel Price's answer
Yes, unless the home was held in a trust, then the house must go through some type of probate proceeding, but there are different options depending on what type of property that your parents left and their value.
Yes, unless the home was held in a trust, then the house must go through some type of probate proceeding, but there are different options depending on what type of property that your parents left and their value.
Q: Can I sue my sister for taking money from my moms account after she die and not tell me if there's no will.
Richard Samuel Price's answer
If you were to receive an inheritance and your sister took it, then you can sue your sister for your half of the inheritance.
If you were to receive an inheritance and your sister took it, then you can sue your sister for your half of the inheritance.
Q: my mom has passed and there is no will how do we start an Intestate succession?
Richard Samuel Price's answer
The procedure that you initiate depends on what property your mother owned and the fair market value of that property. If it is all worth more than $150,000, then you will start a petition for probate. Give an attorney a call or email for a full consultation.
The procedure that you initiate depends on what property your mother owned and the fair market value of that property. If it is all worth more than $150,000, then you will start a petition for probate. Give an attorney a call or email for a full consultation.
Q: Mother passed, two mortgages, im on the deed not loan,.need help
1 Answer
| Asked
in
Consumer Law, Probate and Real Estate Law
for
California
on
Answered on Mar 11, 2016
Answered on Mar 11, 2016
Richard Samuel Price's answer
There isn't a way to get rid of the first mortgage. You can short sale the home. The lender isn't required to settle anything with the estate. Yes, you can have a loan in a decedent's name.
There isn't a way to get rid of the first mortgage. You can short sale the home. The lender isn't required to settle anything with the estate. Yes, you can have a loan in a decedent's name.
Q: What is Georgia's law on unwilled property?
1 Answer
| Asked
in
Estate Planning, Probate and Real Estate Law
for
Georgia
on
Answered on Mar 8, 2016
Answered on Mar 8, 2016
Julie A. Rice's answer
The estate needs to go to probate if there is any real property such as a house, land, etc. and the probate judge will decide what happens to the property as well as the remainder of the estate.
The estate needs to go to probate if there is any real property such as a house, land, etc. and the probate judge will decide what happens to the property as well as the remainder of the estate.
Advertisement
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers is not secure and is done so on a non-confidential basis only.
Advertisement
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Legal Answers without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Advertisement
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.